The essay examines some problematic features inherent the exercise of the function of public order, to highlight the complexity and sometimes the contradiction, even with established and potentially unavoidable principles, such as transparency, to the point of questioning the very permanence of the legality principle. Those reflections range freely on numerous sides, whose purpose can only be an example and nevertheless - at least it is estimated - equally significant. At the same time, the existence of a macro level and a micro level in the explanation of the function is highlighted and while the former is very relevant and notoriously predominant compared to the latter in the context of activities to combat illegal phenomena in general - capable of affect public order to a decisive extent - the latter must not be completely abandoned as it can determine the perception or not of a widespread illegality, capable of affecting the freedoms of individuals, whose relevance cannot be misunderstood. Ultimately, on the one hand, it is estimated to open a reflection on the "latitudes" of the function itself, on the other, it takes a position on recent interventions in the field of public order and security, sometimes pointed out in terms of their constitutional compatibility, which, on closer inspection, are also the result of needs present in social collectives and in the lives of citizens.

LIBERE RIFLESSIONI SULLE DIVERSE LATITUDINI E SU ALCUNI TRATTI PROBLEMATICI RELATIVAMENTE ALLA FUNZIONE DI ORDINE PUBBLICO (PRIMA PARTE)

TIGANO F
2020-01-01

Abstract

The essay examines some problematic features inherent the exercise of the function of public order, to highlight the complexity and sometimes the contradiction, even with established and potentially unavoidable principles, such as transparency, to the point of questioning the very permanence of the legality principle. Those reflections range freely on numerous sides, whose purpose can only be an example and nevertheless - at least it is estimated - equally significant. At the same time, the existence of a macro level and a micro level in the explanation of the function is highlighted and while the former is very relevant and notoriously predominant compared to the latter in the context of activities to combat illegal phenomena in general - capable of affect public order to a decisive extent - the latter must not be completely abandoned as it can determine the perception or not of a widespread illegality, capable of affecting the freedoms of individuals, whose relevance cannot be misunderstood. Ultimately, on the one hand, it is estimated to open a reflection on the "latitudes" of the function itself, on the other, it takes a position on recent interventions in the field of public order and security, sometimes pointed out in terms of their constitutional compatibility, which, on closer inspection, are also the result of needs present in social collectives and in the lives of citizens.
2020
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11570/3196409
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