Los resgos para el dereho en tiempos de pandemia: el ejemplo paradigmàtico de los puertos italianos declarados inseguros

Abstract

The coherence of the legal system becomes a particularly relevant and complex issue with regard to the conflicts that may arise between constitutional principles. From this perspective, the paper considers some immigration laws - and in particular the Ministerial Decree of 7 April 2020, which states that "for the entire duration of the national health emergency resulting from the spread of the COVID_19 virus, Italian ports do not ensure the necessary requirements for the classification and definition of Place of safety ("safe place") "- enacted by the Italian government in the most acute period of the health emergency connected to the spread of covid-19, by evaluating whether they, by affecting constitutive principles and fundamental rights, meet the criteria of reasonableness and proportionality. After considering the intrinsic problematic nature of the use of the concepts of "safety/security" in the regulatory texts, and specifying the legal notion of place of safety, other controversial legislative initiatives at the regional level and some practices, still in the field of migration management, will be considered. which demonstrate how instrumental recourse to the emergency situation and the need to protect public health and safety can appear, in the face of interventions that appear completely counterproductive and unreasonable precisely if commensurate with this purpose.