Anti-pandemic measures and role of judges

ABSTRACT

This paper will shortly analyze how do judiciary act in relation to anti-pandemic measures. Every level must be included in the circuit of guarantees from the ordinary judiciary, as well as the judges of peace, to the administrative one, called upon to decide on the legitimacy of the measures at regional and local level, up to the Constitutional Court, with the two important judgments nos. 37 and 198 of 2021. The renewed prominence of judges, on the one hand, must be positively evaluated when viewed from the perspective of the balance of powers, given an emergency phase in which the activism of the executive in making timely decisions seemed to have marginalized the role of Parliament. On the other hand, it will have to be assessed whether interventionism at the various levels of the judiciary has followed a unified logic or whether it has taken different directions and with what impact on legal certainty at this particular stage. © 2023, Societa Editoriale Federalismi s.r.l. All rights reserved.