Il parametro della pericolosità ed i poteri di polizia di sicurezza

Abstract

As is well known, the Republican Constitution configures public security in objective terms. This is framed as a public interest related to a situation of orderly and peaceful coexistence, an indispensable prerequisite for the exercise of other fundamental rights, or as an objective interest of the state, of the legal system, and therefore of the community as a whole. An idea of public security is expressed, on the one hand, as a limit to the exercise of freedoms, on the other, as a regulatory and administrative task of public authorities and, in particular, of the state apparatus. The first aspect that is most relevant here is found in the references to the concept of security contained in the provisions of the first part of the Constitution (articles 13, paragraph III, 14, 16, 17, paragraph III, 25, paragraph III, 41, paragraph II , Constitution) in which the objective and functional character of security emerges, both from the impersonal use made of it in the text, and from the identification of the main tasks of the State in this regard. This is a widespread public interest, the protection of which, which is the exclusive competence of the State, is exercised at the discretion of the executive. An "objective" mandate to exercise an essential function, placed at the service of that value of the person, his dignity and his full development which is the core of our constitutional system.