La 'confusione' nel sistema delle fonti ai tempi della gestione dell’emergenza da Covid-19 mette a dura prova gerarchia e legalità

In this Paper, the Author, after having underlined the lack of any preventive intervention by the European Union, the Government and the Regions, remarks how the covid emergency has produced a strong stress in the system of legal sources. The main criterion that governs this system is the hierarchical one, according to which fundamental rights can be limited only by primary sources. On the occasion of this health crisis, we are instead witnessing the adoption by the Prime Minister of a plurality of decrees that affect basic fundamental freedoms and find an uncertain foundation in primary acts. Thus, this article intends to emphasize that for any incision on fundamental rights it is essential to respect the forms required by the Constitution.