Count against the Regions on the coronavirus: is an intervention appropriate?
"The answer is necessarily articulated, because, according to article 117 of the Constitution, where it is said that the regulatory power lies with the Regions in matters of parental responsibility for a competitor such as the protection of health, the State could not adopt the administrative acts of guidance and coordination in this field."
her therefore it is already a no?
"just A moment. It seems to me that here come into play a mix of skills that certainly cannot marginalize the direct intervention of the State. Suffice it to recall that it is precisely the State to secure the fundamental principles in the field of health, while the Regions are responsible for the legislation in detail, according to the logic of what is defined as technically "power competitor". With state law may put limits to the freedom of movement for reasons of "health and security" (Constitution, article 16). It is always the State that establishes the essential levels of performance. And it is the State which has exclusive competence in the theme of public order, public safety, environmental protection and prophylaxis international".
it seems to Me that the power of the central government is therefore large. Faced with a threat such as the coronavirus does not seem that it is precisely the government to take the situation in hand and give a unique address to the Regions to avoid read bulk?
"Yes, this is possible, but with some conditions. The first of which is the respect of the principle of "loyal cooperation" between the State and the Regions in which the constitutional jurisprudence has many times invoked as the essential criterion for melting in case of a "mix of skills".
But in this case she would see this "loyal collaboration", because it seems that, at least in the first instance, the presidents of importance as the one of Lombardy does not have its own well accepted at this point hard of the premier Earl.
"If any act of coordination, justified by emergency and by the need, in a serious case such as this, the intervention is national in character, was not the result of an agreement or a summary to be shared, we could not exclude the way of the conflict raised by one or more Regions in front of the constitutional Court".
Here we are, she told me it's because I would place this question: god forbid as well that, in the general alarm for disease spread, the cards end up in front of the Court... This risk would there be really?
"I hope not, because an act which would have for object guidelines on therapeutic and diagnostic choices I think requires a scientific assessment that may not be subject to a regional fragmentation that is more the result of political choices, that in actual scientific needs".
Thus, simplifying to the maximum the controversy between the Count, who is also a lawyer, and the governors, she is giving reason to the premier?
"In truth, my hope is that we can come to a common solution. But my concern is that it could open a conflict, very little is useful in a particular situation such as the one in which we live".
"The Republic will fight always in defense of the freedom of information, to its readers and to all those who have at heart the principles of democracy and civil coexistence"Carlo Verdelli SUBSCRIBERS TO REPUBLIC © Reproduction reserved reader COMMENTS Today on Piero Angela: “let us put our trust in the experts without changing life” Coronavirus, all are united in disorder spread pass me the joy of Milan If China becomes an island, Japan is grappling with the ghost of Fukushima