La tutela dei diritti e delle libertà fondamentali alla prova della pandemia da Covid-19: alcuni spunti comparati a partire dai casi italiano e spagnolo

Abstract

The contribution aims to analyze the limitation of fundamental rights and freedoms as realized in Italy and Spain during the Covid-19 pandemic. To this end, after a brief methodological premise and the analysis of the two emergency models, some reflections will be made both on the exercise of the regulatory function and on the role of the Italian Constitutional Court and the Spanish Tribunal Constitucional during the pandemic emergency. The aim of the contribution is to verify whether it is possible to provide better protection for fundamental rights and freedoms during emergency phenomena. Enhancing the principles that guide emergency management rather than changing the legal framework seems a desirable solution.