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Consult, Courage: “sentence 37-2021 is a compass in the management of the pandemic”


The sentence 37-2021 of the Constitutional Court, which put order in the division of competences between the State and the Regions on the question of constitutionality raised by the Government against a law of the region with special status Valle d’Aosta, a region that had attenuated compared to those measures to be observed in the most acute phase of the epidemic, “is a compass in the management of the pandemic”. These are the words of the President of the Constitutional Court Giancarlo Coraggio who on the last day of his nine-year term as judge, speaking in the new series of the Podcast Library that changed our lives, defines it as “a systemic pronunciation”, of reference in the next management of the pandemic, as confirmed “when the Court had to decide on the famous dpcm”. Courage recalls in the podcast that “Italy, like most other countries in the world, is still experiencing a dramatic period in which the fundamental good of the health of individuals and of the whole community is at stake”. “The overwhelming majority of citizens were up to the problems to be faced and immediately understood how respecting the duties and limits imposed by the pandemic were the indispensable condition to get out of it with the least possible damage”. Thus also the public apparatuses, “in turn, although severely put to the test, have shown great capacity for reaction and efficiency” even if at times the fragility of “those institutional junctions traditionally characterized by uncertainties has been felt”. “It is therefore no coincidence that the Constitutional Court had to intervene precisely in this sector”, which in the conflict between the State and Val d’Aosta firmly affirmed “the unitary values ​​expressed by our Constitution, values ​​that in such circumstances must be considered the North Star of the choices and behaviors of society as well as of the institutions “. Courage recalls the motivation of the sentence which declared “the unconstitutionality of the regional law for violation of the exclusive competence of the State in the matter of international prophylaxis” because “in the face of highly contagious diseases capable of spreading globally, logical reasons, rather than legal ones , root in the constitutional order the need for a unitary discipline, of a national nature, suitable for preserving the equality of people in the exercise of the fundamental right to health and at the same time protecting the interest of the community “. “But not only – he continues – The Court also held that reasons of unusual urgency imposed, pending the decision, the precautionary suspension of the law (sentence no. 37 was filed in March but already in January Palazzo della Consulta had the Valdostan law suspended – ed); that is, it exercised a power provided for by the rules on the constitutional process but never exercised in the past by the Court. We wanted to avoid that even if in a limited time together with the citizens of the region we were no longer exposed to the risk of contagion “, he specifies. According to the President of the Court, “the ruling was a firm reminder, evidently valid for all Regions, to exercise the health protection functions that they are also entitled to, to the extent that they fit harmoniously into the framework of the extraordinary measures adopted nationally “. A necessary reminder, which contributed in part to dissolve the tensions between the government and the regions in the darkest months of the pandemic, also considering that 36 documents arrived at Palazzo della Consulta in 2021, with which the anti-Covid legislation is contested and 22 the decisions of the Court in the same time frame. (by Roberta Lanzara)



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