The Italian emergency legislation and its impact on the civil liberties in the recent case-law

Some doubts have been expressed in the Italian academic debate about the normative solutions implemented to face the pandemic emergency. Indeed, this discussion has highlighted the lack of a specific constitutional regulation of the State of exception, apart from that concerning the status of war. At the same time, several criticisms have been raised with regard to the legislative choice to delegate the government to adopt most of the measures involving restrictions on the citizens’ civil liberties. In a first phase of the emergency, it seems that this issue was implicitly postponed, since the public authorities were involved in ensuring the most effective response to the extraordinary situation. Afterwards, some significant decisions made by ordinary and administrative judges have ruled the governmental regulations as illegal or even unconstitutional under several profiles. A preliminary exploration of this case-law, as well as a forecast of its impact, will be thus realized.