POSTS BY Marta Simoncini

Emergency and Risk in Comparative Public Law

As the entire world is struggling with the Covid-19 pandemic, academics have been rediscovering the debate on emergency in public law. Our post explores whether the theory of disaster risk regulation can infuse the public law’s approach to emergency with new conceptual tools that contribute to mitigating the impact of emergencies. In so doing, we would like to recall how comparative public law has approached emergency and we shall then look at the insights coming from the theory of risk.

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The Need for Clear Competences in Times of Crisis

All Italian institutions established at different levels of government have been at the forefront in the health emergency to fight the spread of the coronavirus disease (see Diletta Tega and Michele Massa). Yet, they had to take action in the absence of a consistent legal framework establishing a clear division of competences and chain of command in the management of the emergency. The resulting legal uncertainties have been delaying the timely adoption and effective implementation of the containment measures which led to the national lockdown.

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