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The Decree-Law in the Pandemic Period
Abstract
The decree-law was introduced and evolved in the previous statutory system by means of a pure practice, due to the absence of any positive provision in this regard. This, however, determined a deep contrast in the doctrine of the time between those who considered decree-laws as illegitimate acts and those who justified their existence based on necessity as a source of law or based on a customary rule. The Constitution defines decree-laws as “provisional measures having force of law” adopted by Government, under its own responsibility, in extraordinary cases of necessity and urgency. Therefore, the fundamental prerequisite for the Government to adopt the acts in question is represented by the existence of extraordinary cases of necessity and urgency. In essence, the constitutional legislator anchored the adoption of decree-laws to the existence of the requirements of extraordinary necessity and urgency and established that the conversion law must be approved by Parliament within sixty days of the publication of the decree, under penalty of loss of effectiveness thereof from the beginning.
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