Emergency organization and State duty of prevention

Challenges and exceptional events of catastrophic proportions are becoming more and more frequent. Society tends to seek "security" as a value that reflects the natural and inalienable needs of the human person, the perfection of which is at the heart of the constitutional project of democratic coexistence. In response to this demand, the public authorities are called upon to satisfy this need for security as far as possible. According to Italian law, an emergency is in fact an event - which remains unpredictable - but which is possible and must be conceivable even in the normal course of things. The characteristics of the emergency organisation also change. It must be able to respond to a stressful and powerful input to which the system will react with a planned or temporary procedure to return to a state of equilibrium and monitor its evolution. States are legally obligated to take the necessary measures to protect the life of persons subject to their jurisdiction. This must be interpreted as applying to any activity, public or otherwise, that may endanger the right to life. Hence, the public authorities have a responsibility to take preventive measures in the face of foreseeable natural hazards, including with a view to reducing their impact in order to decrease their catastrophic effects, failing which they are liable for not having done everything in their power to prevent the death of persons. This duty to prevent, which is a duty to take measures, consists in strengthening the State's capacity to deal with natural and destructive phenomena such as volcanic eruptions or earthquakes. Prevention involves organisational measures as well as land use planning and controlled urban development. The provision of appropriate structures and the drawing up of contingency plans serve to raise the awareness of citizens and operators, inform them of the risks, and are essential for the adequate administrative response of the bodies called upon to manage the emergency risk.