La regolazione del rischio di emergenza e la regolazione del «panico del rischio» nella pandemia Covid-19

The article argues the role of the precautionary principle in adopting administrative measures to mitigate and response to the health emergency Covid-19 at the national and local level, by focusing on the Campania Region. The Government regulatory system for mitigating the spread of the virus on the national territory has recognised the power of intervention of the regional and local authorities to promptly manage any problems that have emerged in their respective territories, by issuing ordinances which restrict fundamental rights and freedoms. However, the power exercised based on the health risk – but in absence of cer-tain parameters – has often resulted in adopting the unreasonable, inadequate and not proportionate measures. The consequence is that, in some cases, the containment measures imposed stricter restrictions in the areas of the country where the health risk was lower. In doing so, the article starts from a brief analysis of the theoretical structure and method of precautionary principle, and then it moves on the considera-tions of the regulatory framework set up by the Government for the management of the emergency. Later on, it argues the administrative power of regional and local authorities to deal with the emergency, by focusing on the Campania Region, in which the emergency risk regulation becomes the regulation of the «risk panic», establish-ing strong measures that jeopardise fundamental rights.