Abstract

The essay analyzes the Italian regulation related to the Covid-19 pandemic, with a focus on the state of emergency and derogations to the rule of law. The most rel-evant aspects to be considered are: the instability due to the excess of norms, to their obscurity and to the continuous change of procedures; the adoption of soft law; the separation between the law itself and the “force of law”, as laid out by Giorgio Agamben. In order to explain the institutionalization of the emergency as a new form of sovereignty, Schmitt’s concept of exception will be called to action.