"Necessità e urgenza" del decreto-legge: alcune precisazioni della Corte dopo la "storica" sentenza n. 171/2007

[Autom. eng. transl.] The work focused on the constitutional jurisprudence following the historic sentence n. 171/2007, with which, for the first time, the Court declared the unconstitutionality of a decree-law and the related conversion law due to the lack of the requirements of necessity and urgency. In sentence no. 128/2008, the Court did not limit itself to verifying the absence of a motivation from the point of view of the necessity and urgency of the disputed provision, but went to scrutinize concretely the motivation provided by the government and then by the legislator during the conversion. Particular attention was paid to sentence no. 355/2010, with which the Court has identified some stakes for the examination of the constitutionality of the decree-laws and the related conversion laws. Indeed, the Court stated that the assessment with respect to necessity and urgency is not required for those regulations added at the time of conversion, which are heterogeneous with respect to the contents of the emergency decree. In reality, the practice of inserting completely unrelated rules in the conversion with respect to the text of the original decree-law seems to entail an alteration of the correct relationship between government and Parliament in terms of sources of law, and also a possible limitation of the powers of the President of the Republic, who in various motivated messages to the Chambers disputed the same practice. No news, on the other hand, regarding the jurisprudence now consolidated - but not entirely shared - on the so-called amnesty law.