El control de la administración en tiempos de pandemia

Abstract

• The idea of ​​this essay is to carry out an analysis of the Administration's control in the framework of the Covid pandemic. The emergency, as we can see, presupposes "per se" the need to provide immediate responses but that in no way can validate the breach of current regulations. What does enable the emergency is the empowerment of exceptional powers, to remedy and put an end to such situation. It is in this use of exceptional remedies that rights and guarantees of constitutional roots are necessarily going to be affected and, on the other hand, the full validity of the republican system of government that presupposes the division of the functions of power and the reciprocal control thereof. The emergency and the measures adopted to deal with it must necessarily be carried out within the framework of the conventional rule of law and the presence and intervention of the control bodies becomes, in my opinion, essential. An analysis will also be carried out of the function of the control bodies, who in the emergency situation must assume their cooperative role in pursuit of the Administration's action within the framework of the legality that must always guide their actions.