Dall’analisi comparata della gestione dell’emergenza Covid19 alle criticità della normativa antiterrorismo: riflessioni comparative sulla disciplina dello stato di eccezione a partire dall’ordinamento italiano

Abstract

From the comparative analysis of the Covid-19 emergency management to the criticisms of the anti-terrorism legislation: comparative reflections on the regulation of the state of exception starting from the Italian legal system – The management of the health crisis produced by the Covid-19 pandemic has rekindled the debate on the lack of constitutional discipline of the state of emergency in the Italian legal system. However, the criticalities highlighted by the doctrine with respect to the action of the Italian Government appear to be substantially similar to those found in those democratic countries where the exception states are constitutionalized, since, probably due to the essentially "neutral" nature of the crisis in progress, such exception regimes have not been activated. The purpose of this essay is to try to broaden the reflection on the emergency in the Italian system, extending it to the many important questions posed by the recent anti-terrorism legislation of 2015. In fact, it seems appropriate to address the issues posed by the management of the Covid-19 pandemic, in a sufficiently broad perspective to encourage an overall rationalization of the issue of exception in the Italian legal system.