La legge regionale nel sistema delle norme d'ordinanza

During the early stages of the Pandemic, a minor Alpine Region, the Valle d’Aosta, has introduced a local legislation for the containment and control of the pandemic emergency, in derogation to the d.P.C.M. system introduced by National Government. The paper moves from Corte cost. 37/2021, which declares null and void the Valle d’Aosta Act, to propose an interpretation of the innovative Executive Orders (d.P.C.M.) issued by central Government to manage the pandemic crisis, in terms of an autonomous system of acts, which resembles some features of the XVIIIth Century Administrative State. Offers some considerations about the differences between «Emergency» and «Exception» with regard to the XXth Century. Staatsrecht’s notions of Ausnahme- und Notzustand. And finally remarks how thin the borders may be between State of Emergency and State of Exception