Multilevel government and the pandemic in Italy: The Constitutional Court’s decision n. 37/2021

The presentation will focus on decision n. 37/2021 of the Italian Constitutional Court (CC), on a conflict of competences on Covid-19 emergency legislation. According to the CC, the adoption of Covid-law is a national competence included within the “international prophilaxys” area, a national competence that in pandemic times, overwhelms (even) the “health” area, a shared competence between the national and the regional legislatures. The case is relevant with reference both to the allocation of powers in the Italian multilevel system of government – with particular reference to health care – and the CC powers.
In particular, the following questions will be addressed:
a. the CC decision timing, focusing on the “standing” issue in front of the CC;
b. the CC and the use of emergency powers (especially suspensive precautionary measures);
c. the CC interpretation of the clause on the allocation of powers between the national and the regional legislatures in the context of the pandemic.