Corti costituzionali e diritti ovvero l’onda lunga della risposta istituzionale all’emergenza sanitaria. Quali prospettive per il post-pandemia?

Constitutional Courts and rights or the long wave of the institutional response to the health emergency. Which perspectives for the post-pandemic era?

Abstract

Abstract: Constitutional Courts and rights or the long wave of the institutional response to the health emergency. Which perspectives for the post-pandemic era? – The article is focused on the contribution that constitutional judges, especially in Italy, France and Spain, have offered with different solutions to the disputes which, in the evolution of the pandemic emergency, have directly affected the issue of balancing the right to health, on the one hand, and other rights variously restricted or derogated, on the other hand, according to the test of proportionality. The reflection contributes to focus on certain legacies, probably suitable to be maintained in the post-pandemic era, and to identify some main trends along which the Constitutional Courts are moving as guarantors of constitutionally recognized rights and freedoms.

Keywords: Constitutional Courts; Fundamental rights; Restrictions; Proportionality; Pandemic.