Epistemic discretion usually has been considered as an issue of who should decide upon legal issues which rely on epistemic data, the Courts or the Representative Bodies? The response depends upon different factors, and each of them attributes a significant role on different aspects of the distribution of power amongst state organs. Yet, pandemic’s management seems to dismantle completely the check and balances system which is an integral part of any functional democracy. Representative bodies are set aside since they are too slow in taking decisions. The executive branch undertakes the role of legislator under conditions of extremely limited political accountability and the Courts have a very limited role, and in fact they can act only ex post since even if they rule about the legality of the measures their rulings very often are non – effective due to the constant implementation of new measures that are in the same route.