Appunti sui limiti territoriali all'esercizio del potere di ordinanza (in tempo di pandemia)

The essay starts from the definition of the power of ordinance, understood as an act authorized by the law to produce a “momentary break” in the ordinary functioning of the system of sources of law. On the basis of this premise, the area of territorial effectiveness of the power of ordinance is investigated, showing how it can be a material element useful for defining the formal limits to the exercise of that same power. Subsequently, a review of the legislative provisions that authorize the exercise of the power of ordinance at national level and of the related constitutional jurisprudence is proposed. Finally, starting from a constitutional definition of the concept of territory, the following conclusion is reached. The laws that authorize the exercise of the power of ordinance at national level must respect stricter limits on two aspects: the decision on the possibility of producing the same results with ordinary sources of law; the specification of the measures that the administrative authority will be authorized to adopt. In light of these considerations, strong doubts are expressed with respect to the exercise of the power of ordinance during the Covid-19 outbreak.