Article
The role of soft law measures in Italy : much ado about nothing?
07 February 2022

Authors: APERIO BELLA, Flaminia; LAURI, Cristiana; CAPRA, Giorgio

This article considers the role of non-binding legal instruments adopted in Italy against the SARS-CoV-2 virus in the early months of 2020. To verify whether the use of such instruments restricted fundamental and human rights beyond constitutional and legal limits, the article first gives an overview of hard law measures adopted in Italy against the coronavirus. It then focuses on soft law measures, the use of which became significant only in Phase II of Italy's response to COVID-19 and argues that non-binding legal instruments provided the public with instructions on gradually returning to normal life. This contribution contains case studies on the soft law measures adopted in relation to private economic enterprise and freedom of worship. Italian soft law deployed during the COVID-19 epidemic was borne out of coordination between the state and the Regions and as the result of (even informal) dialogue with the relevant stakeholders. Despite some criticism of the soft law measures used, their role in restricting constitutionally granted rights was marginal, because only hard law measures adopted nationally and locally limited personal rights and freedoms in order to contain the pandemic.
logo cadmus Read it on Cadmus

LATEST FSR PUBLICATIONS

Working Paper
This article provides a fresh, interdisciplinary perspective on the European Union’s electricity market design (EMD) reform. In policy as well as in law, much of the literature on the EMD [...]
Technical Report
Interconnectors with third countries are currently outside the scope of the Electricity Directive and of the Electricity Regulation. Therefore, the provisions contained in these acts regarding third-party access and tariffs, [...]
Contribution to book
The electrification of final energy uses is one of the key ingredients for any roadmap to a low-carbon energy system. In the EU, the European Commission has confirmed the relevance [...]

Join our community

To meet, discuss and learn in the channel that suits you best.

scroll

top