Reference : IDRL in Italy: A Study on Strengthening Legal Preparedness for International Disaster...
Reports : Expert report
Law, criminology & political science : European & international law
Law / European Law
IDRL in Italy: A Study on Strengthening Legal Preparedness for International Disaster Response
Gatti, Mauro mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
International Federation of Red Cross and Red Cross Societies
[en] disaster management ; civil protection ; Italy ; international cooperation ; IDRL
[en] This report seeks to identify the main obstacles that existing rules create for international cooperation in the event of disasters in Italy: It does so by looking to the Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance (hereinafter the IDRL Guidelines) and to the EU Host Nation Support Guidelines (HNSG). The analysis seeks to point out solutions (mostly legislative ones) that may contribute to enhancing international cooperation in response to disasters occurring in Italy. The report finds that Italy has developed advanced and flexible disaster response mechanisms. Furthermore, Italy’s participation in international cooperation arrangements, notably the European Union (EU) Civil Protection Mechanism, reinforces the country’s capacities and preparedness. As of today, the country has seldom relied on external assistance, and when it did, international cooperation did not prove problematic. Indeed, it would seem that Italian law is generally in line with the prescriptions of the IDRL Guidelines and the HNSG, especially as concerns assistance originating from other EU countries. However, the investigation has also indicated three main problems that need to be addressed in order to ensure effective and accountable assistance in the future. In the first place, the institutional framework is fragmented: Numerous organs with different resources and powers intervene in disaster response. In the second place, it is not always easy to say what rules apply: There is a multiplicity of instruments that regulate disaster response, and their identification and interpretation is often complex. And, in the third place, some of the rules may hinder incoming aid: There are cases in which the law may prevent the provision of assistance or may discourage it by imposing onerous procedures and financial obligations. These problems can be addressed by fixing the flaws identified in the report, that is, by clarifying existing law, repealing outdated provisions, and introducing specific norms designed to regulate and facilitate international cooperation. To this end, the report offers recommendations for the competent authorities.
International Disaster Law Project
Researchers ; Professionals ; General public

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