Legalità e coronavirus: l’allocazione del potere punitivo e i cortocircuiti della democrazia costituzionale durante l’emergenza

The management of the emergency through the relative law reserve poses quite a few legitimacy problems, especially when the prohibitions are punished with a punitive administrative sanction and consist of limitations which, in normal circumstances, would constitute a regular and full exercise of rights, that is when such prohibitions, in the absence of covid, they would constitute real punishments for the exercise of rights, as such liberticides. The Author offers a contribution to the reflection on the subject from a criminal law perspective, hoping - among other things - for the operation of an absolute legal reserve when, in emergency situations, the bans punished with a punitive administrative sanction pertain to the exercise of rights.