Emergency, reconstruction and territorial vulnerability: challenges and perspectives for public administrations

Abstract

The growing frequency and intensity of extreme natural events—predominantly attributable to climate change—compel national legal systems, particularly those most exposed, such as the Italian Republic, to reconsider traditional risk management frameworks. This paper examines the various models governing the management of the emergency phase within the Italian legal system and their implications for the subsequent post-disaster reconstruction process. It provides a systematic legal analysis of the function of reconstruction, underscoring its structural asymmetry vis-à-vis the emergency phase, and critically engages with the recently enacted Framework Law on post-disaster reconstruction. The article argues that reconstruction ought to be conceived not merely as a restorative mechanism, but as an instrument of adaptive transformation. Within the Italian legal order, this requires the establishment of a coherent, coordinated, transparent, and unified model, consistent with the principles of legality and effectiveness.