I distinti livelli territoriali di governo tra collaborazione, raccordo e coordinamento: alla ricerca di un’armonia tra carenze sistemiche e strutturali

Covid-19 pandemic has impacted on different functional levels of public administration with clear cooperation, coordination, connection and compatibility of roles and competences. These problems were reflected in terms of interactions between measures with a general content adopted by the different institutional levels and which, sometimes ones, required a judicial solution. These weaknesses have shown systemic fractures in the way public powers are exercised in a state of emergency, based on the different nature displayed. A first split stems from the different intensity of political legitimation of government bodies at the different territorial levels. A second break concerns a system of legal sources and the constitutional basis on legitimating the construction of the regulatory chain of emergency. A third gap undermines the relationship between legislative and administrative duties and is the result of the existing limits in the legislation on the coordination of statistical and data processing information of the State, regional and local administration. This paper provides an analysis of the dynamics that have highlighted these fractures through a number of case law arrests