Limitazioni o sospensioni? Riflessioni postume sulle compressioni dei diritti al tempo del Covid-19

Limitations or suspensions? Posthumous reflections on the compression of rights during the Covid-19 era

Abstract

Similarly to most countries in the world, also in Italy and Spain the institutions have faced the Covid-19 health emergency through sensitive restrictions of fundamental rights, swinging, not without fueling a certain confusion, between the concepts of “limitation/restriction” and “suspension/derogation”. Taking into account the pandemic legislation and the most relevant constitutional case-law, the contribution aims to reflect on the theoretical framework of those notions and highlight the main problems that have emerged, and not resolved yet in a satisfactory and definitive way, in the jurisdictions concerned.