Il potere d’ordinanza oltre l’emergenza : i problemi dell'impiego ordinario di uno strumento extra ordinem

The aim of this paper is to show how the use of administrative derogatory powers, originally conceived to face natural calamities, have progressively extended beyond the traditional concept of “emergency”. In fact, the practice shows that such powers are now frequently exercised to manage extraordinary events affecting public order. Moreover, in order to ensure urban security, new derogatory powers have recently been granted to city mayors, allowing them to act beyond statutory law provisions. Italian judicial review system always proved to be inadequate with regard to these powers, now resulting into a worrying, progressive disruption of the rule of law.