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Massnahmevorschriften and emergency powers in contemporary public law

100%
Perfetti L. R.
The Lawyer Quarterly
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2020
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vol. 10
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issue 1
23-33
EN
State of emergency, emergency and use of the law in order to regulate individually identified issues, are frequent and physiological in our contemporary legal systems. This article analyses mutual relations between the use of emergency powers in public law and the feature of tailor-made laws in the form of the “Massnahmevorschriften”. As the main problem of these norms, the article identifies the avoidance of the judicial control. Further, the intrinsic derogatory and emergency nature of tailor-made laws represent a very deep institutional problem. Being these the fundamental issues, it is not hard to see as the tailor-made law tends to be in contrast not only with the Italian Constitution, but also European law.
2
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When “Tailor-made laws” are not laws indeed

100%
Sharapaev V.
The Lawyer Quarterly
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2020
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vol. 10
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issue 1
57-60
EN
Tailor-made laws could be generally defined as laws lacking the element of generality and “tailored” particularly for a certain situation or person. Whilst some cases of the use of tailor-made laws pursue the purpose of legislative intervention in the executive power as another component under the checks-and-balances model of division of power, in other cases, these laws do not interfere with the division of power per se, as such laws establish no rule of conduct whatsoever. In this note, attention will be paid to the second type of tailor-made laws and the author will attempt to clarify whether the latter kind of laws meets the requirements imposed on normative legal acts, which can be characterised by the very fact that such acts contain legal norms, and whether they can be considered rules of conduct.
3
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Global and local, general and particular, rules and measure : a post-modern reflection on Taylor-made laws

100%
Forte P.
The Lawyer Quarterly
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2020
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vol. 10
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issue 1
11-22
EN
The factual use and the scientific studies on the Laws which contain concrete precepts in Italy are ancient, but the attempts to find limits to provisions with force of Law did not always resist the jurisdictional proof; the work tries to summarize the arguments mainly used in this regard, to overview the jurisprudential reaction, and to give an account of those that are still not sufficiently examined. Observing the contemporary behaviors of the government’s activities, it notices their considerable complexity, which raises doubts about the appropriateness of the most classical theme of modernity on the nature of the Law, the generality and the abstractness of the norms that it is supposed to be produced by legislation. Using a post-modern approach, the study therefore tries to ask if it could be more effective working on external, expressed constitutional limits for the Law, and on the characteristics of the Judge who is able to sentence on it, of its process, of its judgment.
4
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Two faces of “Tailor-made laws” in administrative law

75%
Handrlica J.
The Lawyer Quarterly
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2020
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vol. 10
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issue 1
34-47
EN
A rather clear distinction between the functions of the legislative and executive power has been traditionally provided by the theory of public law. Under this scheme, the main task of the legislative power was to issue binding norms (statutory laws), while the main task of the executive power was to apply these binding norms in individual cases by issuing administrative acts. However, also under this scheme, executive power was provided with competence to issue certain binding norms (decrees). While this norm-making competence of the executive power has been frequently subject of academic interest, the opposite form of extension (i.e. deciding about individual cases by an act of Parliament) has been only occasionally addressed in the past. This article aims to deal with these “tailor-made laws”, to classify them into categories and to evaluate feasibility of this model of decision-making.
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