Il Governo legislatore. La decretazione d'urgenza tra crisi economico-finanziaria e vincoli europei.

Caterina Domenicali


The thesis regards a classic theme – the emergency decrees adopted by the government - developed on new fields and following an original method. The hypothesis is that the increasing importance of emergency decrees in the italian system represents both the symptom and the product of deeper structural changes that occurred in the relations between European institutions and national constitutional powers. Through the analytical examination of emergency decrees in the last three legislatures, linking quantitative and qualitative approaches, an inductive study is carried out to locate any stabilizing trends that may eventually go beyond momentary political-institutional balances. The identification of these trends is to define the field of further investigation, that aims to reconstruct ratio below the existence and the endurance of regularity. Emergency decree shows a new nature: neither an exceptional source nor ordinary legislation. It rather becomes the instrument to concretize goals that are largely co-determined by the government in the intergovernmental seats; the realization of which the government itself is the guarantor at the domestic level. This demonstrates that a new step in European integration is taken: the government does not respond only to its parliamentary majority but it also is the guarantor in front of the European institutions of the effectiveness of decisions that insert into supranational coordinated policies.

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ISSN: 1974-918X