The text in this analysis of Italy’s post-fascist (and now communist?) constitution shows that our current limitations of personal freedom and restrictions of movements are illegal, unconstitutional, and should be forcefully opposed. That Italians do not do this, is beyond my understanding. Sheeple.
4.- The decree-law is a source of law passed by the Government and issued bythe President of the Republic, that has the same status of a statute law of Parliament inthe hierarchy of law sources. The executive can pass a decree-law only in case ofextraordinary necessity and urgency (Art. 77.2, Const.). Moreover the decree-law has tobe confirmed by Parliament in an statute law within 60 days after the publication. TheHouses are allowed to amend the confirming bill, whose original content is the same ofthe decree-law. If the latter is not passed by the Parliament, it loses its effect also in thepast so it is like it had never been in force, though the Parliament may rule (by statutelaw) on the legal relations produced by the non confirmed decree-law (art. 77.3,Const.). Therefore it is an extraordinary instrument as the Constitutional Court held.The decree-law, in the history of the Republic, has not always been usedaccording to the spirit of the Constitution. In fact, from 1970s this instrument has beenoften used by the Government in absence of a circumstance of extraordinary necessityand urgency. This misuse was possible also for the “adaptable” attitude of theConstitutional Court as it held that formal flaws (in procedendo) of the decree-law(which include also the lack of the extraordinary necessity and urgency) are rectified bythe confirmation of the Parliament (it does not happen for substantial flaws) (decisionnr. 108/1986). When converted in law, the CC can no longer assess the respect offormal constitutional requirements and limits stated in art. 77.