How to Regulate States of Emergency Iin the Italian Constitution

The issue of security has been the subject of renewed interest over the last three decades and has taken on multiple profiles: first, terrorism and more recently, pandemics and war. Despite their diversity, these events have the lowest common denominator: they are sudden and unexpected crises that severely test the ordinary resilience of the constitutional order. Hence the importance of instruments to regulate the state of emergency, which the Italian legal system still lacks today. State systems tend to provide generic measures to prevent and counter potentially dangerous events. Faced with a concrete threat, they may resort to preventive and repressive measures that cannot always be reconciled with fundamental freedoms and rights. In this sense, we speak of emergency regimes, which may or may not be provided by the Constitution, temporarily derogating from ordinary situations.