The Pandemic and the Regions. The distribution of competences to the test of the health emergency

ABSTRACT

The contribution aims to highlight the effects of the pandemic on the distribution of competences between the State and the Regions. Having established the attributes of relevance for the management of the health emergency that the Constitution assigns to state and regional legislators, the analysis will focus on the legal instruments used to manage the Covid-19 pandemic in its various phases and on the relationship between central and regional regulatory acts, with particular regard to the principle of loyal collaboration. Subsequently, attention will be focused on the attempts, implemented in particular by the Valle d'Aosta Region and the Autonomous Province of Bolzano, to manage the pandemic through an autonomous route, and on the consequences of the Constitutional Court's sentence no. 37/2021. Finally, the contribution will question the future of the division of competences in the pandemic-sanitary sphere. © 2023, Societa Editoriale Federalismi s.r.l. All rights reserved.