Regulatory P.C.M. and the role of the President of the Council

Abstract

The paper analyzes the characteristics of the d.P.C.M. regulations in order to
verify the correlation between the contents, the formation procedures and the legal nature
of this type of deed with the effective role of Prime Minister. In the absence of an organic
and unitary discipline of the d.P.C.M., the different procedures show how such acts are
sometimes an expression of the will of the emanating monocratic body but many other
times they constitute the result of a collegial or complex will involving different subjects
both inside and outside the government. In such cases, the intervention of the Prime
Minister is integrated in the final stage of the procedure, when the content of the deed is
already substantially defined, instead of the d.P.C.M. of the pandemic emergency in which
the role of the Prime Minister manifested itself in a more incisive way. The overall analysis
leads us to reflect on the opportunity for a legislative intervention capable of clarifying the
legal nature, procedures, limits and guarantees of an act that that has taken on significant
importance within the legal system