Democrazia rappresentativa durante la pandemia: il ruolo di consigli regionali e comunali

Translated title of the contribution: [Autom. eng. transl.] Representative democracy during the pandemic: the role of regional and municipal councils

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[Autom. eng. transl.] The health emergency generated by the Covid-19 pandemic has produced the need to take emergency decisions and the many measures that have followed have been the subject of a heated debate in doctrine because they are unusual and not comparable to what was decided at other times in republican history . The legal issues underlying the various acts undertaken by the Government, in the form of the Decree-law or the Prime Minister's Decree and then by Parliament through ordinary laws, are many and concern both the system of sources and the relationship in the balancing of constitutional principles. In recent months there has been a debate, among other things, on the issue of control over the Executive by the Parliament and on which the most careful doctrine has identified some critical points with respect to a lack of involvement of the Chambers. Nonetheless, the topic that we want to investigate here relates to the measures that have been taken by the Presidents of the Region and the Mayors. The issue appears to be of particular interest as one of the first profiles that emerge as a consequence of the emergency is likely to record a renewed attention to the Regions and other local Bodies in the institutional life of the country. On this point, first of all, it can be noted that in a few years we have gone from a proposal for a constitutional amendment in which the referendum campaign was centered, among other topics, on the need to downsize the competences of the Regions in the constitutional system to a full involvement of these - by the State - in the adoption and management of health measures to contain the pandemic. Add to this an overexposure, including in the media, of the governing bodies of the Regions and, in particular, of their Presidents. Before addressing the legal issues with reference to the acts undertaken by the Regions, it is appropriate to make some general considerations on the role of these in the protection of health. As is known, the regional health systems, which together form the national health system, guarantee the interest of the individual in obtaining the necessary care so that the principle enshrined in Article 32 of the Constitution is fully implemented. All the regional health systems combine to compose a single large plan for the protection of "an inalienable core of the right to health" which is "protected by the Constitution as an inviolable area of human dignity". The health care organization must strive to ensure care according to a health protection function in full compliance with the rights of the individual, striving to seek a balance with the other interests present. The doctrine, adhering to the provisions of the jurisprudence of the Constitutional Court, has repeatedly affirmed that the ownership of health protection belongs to the Republic, meaning - however - that the same duty exists for the Regions and local Autonomies. The obligation to protect health is not only up to the state, but the duty to fully respect it also rests on the regions and local authorities. From this it follows that we must look at the relationship between art. 32 of the Constitution and the objectively autonomous soul of the Constitution as an element of primary importance in framing the issue at issue in the relationship between emergency management from Covid-19 and acts undertaken by the Regions. The commitment on the part of the Regions to guarantee the protection of health through competence in the field of health care and hospital is a symptom of the foresight and courage of the constituents. During the debate in the constituent assembly, despite the awareness of the existing difficult situation and the differences present in the territory of the future Regions, he prevailed with
Translated title of the contribution[Autom. eng. transl.] Representative democracy during the pandemic: the role of regional and municipal councils
Original languageItalian
Title of host publicationBiopolitica, pandemia e democrazia I Rule of law nella società digitale
Pages269-283
Number of pages15
Publication statusPublished - 2021

Keywords

  • Consigli regionali e comunali
  • Pandemia covid 19-

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