Il ruolo delle istituzioni nazionali per i diritti umani in tempo di crisi

Across the globe, public power is experiencing a period of deeply rooted change. The most recent development of constitutional systems has stretched the original triad of the separation of powers to the point of creating new powers, among which we can identify the so-called “fourth branch institutions” (Tushnet 2020). They encompass public bodies, such as Electoral commissions, minorities commissions, Anti-corruption commissions, National Human Rights Institutions (NHRIs), which are independent from the three main branches, and whose purpose is to protect democratic governance and promote human rights. NHRIs, in particular, play a pivotal role in promoting and monitoring the effective implementation of human rights at the national level, a role which is even more important in times of emergency. The paper explores in comparative perspective the nature and the powers of NHRI(s) across Europe in times of emergency, and it investigates the function of NHRI(s) vis à vis the executive, the judiciary, and the legislator. After a theoretical introduction about the “fourth branch” nature of these institutions, the paper analyses the role of NHRI(s) in monitoring fundamental rights protection, in advising authorities and policy-makers on the human rights impact of emergency provisions. The paper focuses on two main case studies: the role of NHRI(s) during the pandemic and with regard to the rule of law crisis in Europe.