Abstract

This paper discusses the relationship between the State and the regions in the regulatory management of Covid-19, concerning, in particular, the services offered to the individual and to the community as a whole. It examines the following issues: how the State and regions interact when regulating Covid-19, methods to resolve conflicts that arise, how the previous regulations of the relationship between the State and regions have affected the current provisions of Covid-19, and if the experience of this period has given us sufficient evidence to encourage reform regarding distribution of roles between central and local governments. To address these issues, first of all, some general considerations on the regulation of Covid-19 are provided: its essence and nature, those who may have played a role in its formation, and its constitutional foundation. Moreover, this paper identifies the boundaries of «services to the person and to the community», beginning with the legislative decree n. 112/1998. Concurrently, it identifies the regulatory distinctions between the services to the person and to the community in adopting effective measures to fight Covid-19, and the differences with the discipline of economic activities. Ultimately, it analyzes the relationship between the State and the regions. On one hand, conflict arises, which is then settled in a judicial or political setting. On the other hand, according to a characteristic trait of the history of regional and local regulation in Italy, the State and the regions are linked in multiple ways. Therefore, joint administration prevails over the separation of competences, according to a variety of schemes. To conclude, some suggestions are offered as to the potential need to reform the regulatory framework of the relationships between the State and the regions.