DOVERI INDEROGABILI DI SOLIDARIETÀ NELLO STATO COSTITUZIONALE DELL'EMERGENZA

This doctoral thesis investigates the constitutional relevance of duties in the Italian legal order, with specific regard to the duty to observe the law and its articulation in contexts of emergency. The study departs from the observation that constitutional duties have long remained at the margins of doctrinal analysis, despite their normative significance within the constitutional framework. Through a systematic reading of the Italian Constitution, the research reconstructs the legal foundations of duties and examines their interaction with fundamental rights and the principle of solidarity. Particular attention is paid to situations in which the duty of observance comes into tension with individual freedom, especially in relation to conscientious objection, understood not as an extra-legal phenomenon but as a constitutionally relevant form of dissent, structurally dependent on legislative mediation. The final part addresses the impact of emergency situations on constitutional duties. It argues that emergencies tend to reinforce the appeal to duties while simultaneously exposing them to risks of over-extension. From this perspective, the thesis maintains that the constitutional legitimacy of duties in emergency contexts can only be assessed in light of proportionality requirements and with regard to the preservation of the constitutional order beyond the emergency itself.