Abstract

In the context of the COVID crisis, Italy has witnessed a spate of extraordinary legal measures pressed by executive discretion, with a multitude of problems related to proper limitation of constitutional freedoms, sources of law, relations among State, regions and municipalities, as well as difficult adaptation of the Parliament to this new reality. Against this background, the case note to Constitutional Court 37/2021 argues that the major problem in the current crisis is the departure from the constitutional principles, rules and procedures created by legislature and administrative case-law in more than twenty-five years since the creation of the National Civil Protection System, which has efficiently and proportionally governed cases of emergency so far