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The fourth question is about the authority who can take action

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Academic year: 2021

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ABSTRACT

This work is about a particular type of administrative acts which can derogate from legislation in force.

This derogation asks some questions: first, which is the relationship between the formal and substantial principle of legality; the second question is about the nature of this acts, if they has to be considered as an administrative acts or as a law acts. Third question is about the characteristic of this acts that are taken in unforeseeable and urgent cases.

The fourth question is about the authority who can take action.

Finally this derogation involves also the jurisdiction rules.

I try to answer to the question about the nature of these acts and the relationship between the principle of legality in the chapter one.

The chapter two speaks about a particular group of these administrative acts which are taken under the law number 225 of 1992th.

This law provides that the Council of Ministers, on a proposal of Prime Minister or of the Minister responsible of civil protection, can take these acts in case of natural disasters, which have to be handled with emergency powers.

Also the government officers delegated can take these acts.

So the chapter two is also about the authority who can take action.

The last chapter is about the abuses that to have usually recourse to emergency powers can produce.

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