The complex events that have characterized the relations in Italy between State and Regions in controlling the pandemic have led to a series of conflicts resolved before the courts. The appeal proposed by the State against regional law no. 11/2020 of Valle d’Aosta is placed in this context and was the first occasion in which the Constitutional Court used its power of precautionary suspension of a law during the judgement of constitutional legitimacy started in principal way. This seems to confirm that the power of precautionary suspension is used by the Court not for any hypothesis of “danger”, but only for extremely serious situations, such as the Covid-19 emergency
La “parsimonia cautelare” della Corte costituzionale nel giudizio in via principale alla prova dell’emergenza pandemica (Osservazioni all’ordinanza della Corte costituzionale n. 4 del 2021)
Antonello Lo Calzo
2021-01-01
Abstract
The complex events that have characterized the relations in Italy between State and Regions in controlling the pandemic have led to a series of conflicts resolved before the courts. The appeal proposed by the State against regional law no. 11/2020 of Valle d’Aosta is placed in this context and was the first occasion in which the Constitutional Court used its power of precautionary suspension of a law during the judgement of constitutional legitimacy started in principal way. This seems to confirm that the power of precautionary suspension is used by the Court not for any hypothesis of “danger”, but only for extremely serious situations, such as the Covid-19 emergencyI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
