Abstract (in inglese)
The current health emergency has affected the functions of the constitutional bodies and, among them, the Constitutional Court, leading to changes in tendencies that seemed consolidated in its case-law. One of these is the issue of the precautionary suspension of the law, an institution that the Court had never actually used in the past.
In a recent conflict between the State and the Region Valle d’Aosta on the competence to regulate emergency according to its primary sources, the Court adopted, for the first time, a suspension measure.
This leads us to think that the power of precautionary suspension is used by the Constitutional Court only for exceptionally serious situations and not for any hypothesis of “risk”, such as the Covid-19 emergency.