During the COVID-19 pandemic, in Italy no aspect of individual and social life remained untouched, nor did the legal system. A special legislative model was enacted urgently, and this aroused several constitutional questions. Nevertheless, the contribution concludes that the Italian Constitution was generally able to accommodate the necessary reactions, without forsaking its principles: emergency measures remained within the margins of intrinsic constitutional flexibility, considering the exceptional and transient situation which justifies – and limits – their scope. Some critical points are highlighted: above all, the marginalisation of Parliament and some weaknesses in official communications between science, government and public opinion. But these critical issues predate the pandemic and their correction does not require the introduction of new constitutional clauses on states of emergency.

OUTLINE OF THE CHAPTER

In the last days of February 2020, Italy unwittingly found itself at the forefront in the fight against the coronavirus disease (COVID-19) caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The pandemic reached its peak in March. For most of that month, in the entire world only China had more confirmed cases. Deaths were counted in the tens of thousands. No aspect of individual and social life remained untouched, nor did the legal system.

This contribution surveys some of the unprecedented measures taken in this contingency and assesses their compatibility with constitutional principles. The focus is on national constitutional law, but also considers the conceptual framework set out in recent comparative reports and analysis. Statutory law and regulations have been taken into account, as well as case law and a selection of legal commentaries.

Only some general questions will be addressed. Many others, although constitutionally relevant, will be leftaside: either because they are more specific (e.g. the impact of COVID-19 on prisons, protection of personal data, freedom of worship, disadvantaged sections of society); or because other chapters of this book deal with them. This includes the questions raised by the extensive and complex measures taken to support families, workers and enterprises, as well as their interconnection with EU budget and social law and policy.

OVERVIEW OF THE PANDEMIC

The first cases of COVID-19 (two Chinese tourists in Rome) were confirmed in Italy on 30 January 2020. On 22 and 25 January, the Health Minister had already ordered the monitoring of flight passengers arriving directly from areas with confirmed outbreaks, and then proceeded to block all flights from China.