Andrea Conzutti

A «trial vaccine» to combat COVID-19? The first «historical» case of suspension of a law by the Constitutional Court

  • Abstract

Informations and abstract

Keywords: suspension, Region, pandemic crisis, regional legislation, judicial review of legislation.

The essay focuses on the recent order of the Constitutional Court, n. 4 of 2021, with which for the first time a contested law was suspended. In particular, the urgency of the pandemic crisis required a prompt response from the Constitutional Justice Body, which could not wait for the usual procedural deadlines. For this reason, the Constitutional Judges faced this «exceptional» situation by resorting to the equally «exceptional» institute of the «suspension». We have thus witnessed a test of judicial efficiency, which has led in a very short time to the release of a conservative measure, suitable to avoid, in the meantime, a serious violation of the constitutional division of legislative competences between the State and the Regions.

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