Tra crisi economica ed emergenza sanitaria: la decretazione d’urgenza in Italia e in Spagna, vecchi rimedi per nuovi problemi?

Abstract

Between the economic crisis and the pandemic emergency: decree-laws in Italy and Spain, old solutions for new problems? – Starting from a reflection on a classical topic of comparative public and constitutional law - the use of decree-law in Italy and Spain - the aim of this work is to analyse the application of that instrument during the Covid-19 pandemic. In the paper, after an historical and normative reconstruction, it will be argued that the use of the decree-law for the response to the economic crisis generated by the pandemic was similar in both countries, despite the different constitutional framework. In the conclusions I will try to explain why, after the end of the most acute phase of the epidemiological emergency, at the beginning of the period of “recovery”, the decree-law returned to be used in a quite traditional way. The classical Pizzorusso’s suggestion regarding the intercurrent relationship between the rationalization of the form of government and the use of the sources of law will have an important place in the answer.