Natura e limiti del potere amministrativo extra ordinem

Abstract

The jurisprudence of the Constitutional Court establishes the compliance with the general principles of the legal system, the constitutional norms and the matters of exclusive legislative competence as limits to the extra ordinem administrative power. While recognizing that in practice the limits set by the Constitutional Court are often surpassed, the doctrine agrees on this approach. The purpose of this article is to investigate the nature of the limitations set by the constitutional case-law on extraordinary power in the emergency and to assess wheter the practice commonly assumed in violation of these limits is rather a consequence of that nature