State of emergency, the doubts of the constitutionalists: extension only in the presence of really serious data

State of emergency, the doubts of the constitutionalists: extension only in the presence of really serious data
State of emergency, the doubts of the constitutionalists: extension only in the presence of really serious data

“The extension of the state of emergency, as well as that of the use of the green pass, I believe is inevitable. With autumn, as it was easy to imagine, infections rise and the risks for the unvaccinated increase ”. He says it Francesco Boccia, former Minister for Regional Affairs, speaking with journalists at the Nazarene.

Words that make it clear what the position of the Democratic Party is: already deployed for the state of emergency beyond the numbers of infections and hospitalizations. “Within this month – continues Boccia – we must reach 90% of the vaccinated population because only in this way will we fully defend the health networks and be able to keep the country open and safe. In the coming weeks there is a risk for some Regions to change color due to the irresponsible behavior of those who do not believe in vaccines, ending up damaging the health networks themselves ”.

Yet among the same virologists the opinions are not in agreement. There is no need to extend the second state of emergency Maria Rita Gismondo, director of the Clinical Microbiology Laboratory of the Sacco hospital in Milan, who thus intervenes for Adnkronos Salute in the debate of these hours. “Certainly the situation must be carefully monitored,” the expert said. But “to maintain the measures” of caution and prudence “that we need – he observes – there is no need for a state of emergency. So I don’t understand what could be used to prolong it “.

To this are added the doubts of the constitutionalist Alfonso Celotto, professor of Constitutional Law at Roma Tre. “The state of emergency can be extended by law if necessary – he says – as from a legal point of view it is the prerequisite for operating more efficiently. But the extension, having passed two years from the first state of emergency, will have to be adequately motivated or limited to some necessary measures, such as the purchase of vaccines “.

According to Celotto, “the state of emergency at this moment has in fact a symbolic value. To find a balance with the collective psyche and soothe souls in such a troubled situation ”, instead of an extension tout court“ one could opt for a ‘limited state of emergency’. That is, Draghi could go so far as to say – he concludes – that the state of emergency is accommodated to the most urgent needs of the moment, such as the purchase of equipment and vaccines ”.

And again the president emeritus of the Constitutional Court Cesare Mirabelli he affirms that “the extension of the state of emergency cannot take place without a serious reason, a novelty that is determined and that can justify. It could be the resumption of the epidemic so accentuated as to require that these measures be introduced and maintained “.

“Epidemiological data are a technical element and a prerequisite for a restrictive measure – he continues – Therefore they must necessarily be known and not equivocal; obvious and serious “. “It is true that synthetic data are disseminated – continues Mirabelli – But they are final aggregates, while it would be advisable to know totally the epidemiological ones. Parliament can and must therefore be the protagonist. It has the power to inspect the government, it can request data and offer it to the public. Especially since the adoption of the state of emergency can only take place by decree law of the Government, reconverted by the Parliament which has the ultimate responsibility ”.

According to the president emeritus of the court, “there is no risk for democracy. We are not in the presence of an authoritarian state context. But it is necessary to avoid that unjustifiably restrictive habits are triggered which, if there were an authoritarian turn, could pre-order mechanisms that can be used in that perspective ”.

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