La governance multilivello delle emergenze nell’ordinamento belga. Considerazioni a partire dall’emergenza pandemica

Abstract

The article intends to analyse the governance of emergencies in the Belgian legal system. The examination will start from the analysis of the emergency sources present in the Belgian legal system at the different levels of government. Indeed, the Belgian legal system, despite the absence of a regulation concerning the states of emergency, is characterized by various tools that can be used in emergency contexts. Among these it is possible to recall war decrees, laws attributing exceptional powers, laws attributing special powers. The analysis will not be limited to the descriptive profiles, but will attempt to highlight the numerous complex profiles linked to the governance of emergencies in the Belgian legal system, including the need to safeguard the centrality of Parliament in emergency situations, the need to combine the interventions by the State, the Regions and the Communities, the presence of multiple technical-scientific bodies with partially overlapping functions and having the task of assisting the executive in the adoption of decisions. In carrying out this examination, the reference to the pandemic experience will provide a valuable support.