Dpcm covid, today the Constitutional Court meets in the Council Chamber to discuss the constitutional legitimacy of the Dpcm system at the request raised by a justice of the peace of Frosinone relating to the “emergency decree and the introductory Dpcm of covid sanctions”. The pronunciation is expected by the end of the week at the latest.
According to Justice of the peace of Frosinone, the legislative function on the containment of the Covid-19 epidemic would have been delegated to the Government, which would have exercised it through the issuance of mere administrative acts, i.e. the decrees of the President of the Council of Ministers. It would have been so “the cardinal principle referred to in Articles 76 and 77 of the Constitution, by which the legislative function is granted to the Parliament, which can delegate it only with a law-delegation and in any case never to administrative acts, has been circumvented“.
Furthermore, according to the Judge, the regulatory system based on the Dpcm system would introduce a new regulatory statute of the emergency on the basis of which the primary regulatory rules for the discipline of the health emergency from Covid-19 have been adopted, in violation of the article 78 of the Constitution, according to which the only constitutionally relevant emergency hypothesis would be that of a state of war. But “no other hypothesis of emergency, in our constitutional system, can be a source of special powers or legitimizing sources of legislative production other than those envisaged, i.e. the mere decree-law“.