The Pandemic Emergency before the Italian Constitutional Court

Although the Italian authorities promulgated a huge number of acts aiming at containing the health crisis, the ICC delivered just two judgments concerning such emergency: decisions no. 37/2021 and no. 198/2021. This can sound strange when we consider the variety of constitutional rights affected by the emergency rules. But it is a consequence of the way our constitutional justice works: unlike other constitutional tribunal, the Italian court does not receive direct appeals from citizens and only judges on formal law. Nevertheless, the statements contained in the judgments mentioned allow a first reflection on the approach of the Italian Constitutional Court in time of crisis.
The paper will discuss several issues stemming from the crisis case law: should the Constitutional Court assess the proportionality of the contested measures? Has the Court adequate investigative powers? What should be, according to the constitutional case-law, the role of experts in political decision making?