The paper focuses on the pandemic context connected to the spread of Covid-19 in order to develop an analysis about the administrative precautionary approach. Particular attention is dedicated to the relationship between science, Politics and Public Administration, in order to demonstrate how the precautionary approach represents a “rule of action” for the public decision-maker when there is no full scientific certainty. In such a context the analysis is developed with regard to the problem of the rationality of public decisions, not only in terms of adequacy of the procedural investigation, but also in terms of transparency (especially looking to the role of technical bodies). After recalling the problem of “time” in the application of the precautionary principle, the paper ends with a reference to the role of the Administration when it is necessary to decide in time of crisis.
Amministrazione precauzionale e diritto della «scienza incerta» in tempo di pandemia
Emiliano Frediani
2021-01-01
Abstract
The paper focuses on the pandemic context connected to the spread of Covid-19 in order to develop an analysis about the administrative precautionary approach. Particular attention is dedicated to the relationship between science, Politics and Public Administration, in order to demonstrate how the precautionary approach represents a “rule of action” for the public decision-maker when there is no full scientific certainty. In such a context the analysis is developed with regard to the problem of the rationality of public decisions, not only in terms of adequacy of the procedural investigation, but also in terms of transparency (especially looking to the role of technical bodies). After recalling the problem of “time” in the application of the precautionary principle, the paper ends with a reference to the role of the Administration when it is necessary to decide in time of crisis.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
