Ответ Италии на пандемию COVID-19: проблемы правового регулирования в чрезвычайной ситуации

Abstract

Dueto the global nature of the COVID-19 pandemic, public authorities of different countries had to deal with similar tasks related to protecting of public interests and ensuring the right to health, inextricably linked to the right to life. Italy was the first Western democracy to experience the effects of the coronavirus. On January 31, 2020, a state of emergency was introduced in the country, which was supposed to be in effect until July 31, 2020. In March it was extended to the entire territory of the country, and severe restrictions on freedom of movement were introduced. The COVID-19 pandemic has demonstrated the ability of public authorities to withstand an emergency and at the same time exposed systemic problems in the relationships of public authorities, both at the horizontal and vertical levels. Introduction of the state of emergency resulted in the Government’s significant increase of power. The situation was managed either by delegated legislation, or by administrative regulations of the President of the Council of Ministers or individual Ministers. The decrees of the President of the Council of Ministers have taken a leading role in the emergency management. Within a month after the declaration of the state of emergency, the Italian Parliament did not show any activity and resumed its activities only due to necessity to approve decrees and laws. In fact, the constitutional control over the Government activity was weakened. The lack of due coordination between the State and regions in the normative sphere undermined trust between authorities and had a negative impact on adherence to the principle of loyal cooperation.