Covid-19

Approaching the summer season, the destiny of beach resorts and establishments is a subject of notable interest, because it also raises unresolved questions from the point of view of the relationship, often full of contradictions, between national administrative law and the principles of European Union law. Therefore, clear rules need to be defined in order to allow the summer season to take place safely both for operators and tourists. It is also of paramount importance to overcome the inertia of the legislator with regard to the reform of this sector, concerning overall the expiry of ongoing concessions on the basis of the principles of public evidence established by the EU Treaties and by the “Services Directive” 123/2006/CE (which includes in its scope of applications maritime, lake and river concessions). In this sense, the emergency could be the right moment to adopt measures that take into account each specific situation as to protect the legitimate expectations of the concession holders (in any case in compliance with what has already been affirmed by the EU Court following a preliminary ruling in joined cases C-458/14 e C-67/15, Promoimpresa e sig. Melis. In addition this allows to make further reflections on "Emergency Administration" on the bases of the provisions suggested by the technical committees in order to contain contagion from Covid19 and concerning also the seaside businesses.  Decisions required to deal with the crisis must certainly be inspired by the precautionary principle, but they must also respect the principle of proportionality as to limit unsuitable effects on other emerging interests, including the impact on the stability of the EU single market (of services).

This paper deals with the suitability of the generalized civic access to guarantee administrative transparency during the COVID 19 health emergency, considering also the Codacons’ civic access request related to COVID 19 health emergency data.

The global pandemic crisis has uncovered the most vulnerable nerves in our socio-economic network, making it clear that there is a need to frame the relationship between the spread of the coronavirus and the ecosystem fracture. Each ecosystem has a balance that allows it to provide resources and renew itself until it reaches a sort of breaking point (the so-called “tipping point”). The Coronavirus, together with the progressive loss of biodiversity and resources to react, risks becoming our tipping point.

The paper analyses the recent provisions on agile work adopted by the Italian Government to address the Covid-19 emergency, according to the existing regulatory framework and in accordance with the goal of digitalizing Public Administration.

By decision no. 2539 of 21 April 2020, the Council of State clarified that Article 84, paragraph 5, of Legislative Decree no. 18/2020 shall be understood as meaning that each of the parties has the right to request a postponement of the hearing to a date subsequent to the end of the emergency phase in order to discuss the dispute orally, when the Court deems that the requested postponement does not compromise the right of the other party to a reasonable duration of the trial and where the dispute is not so simple that it does not require any discussion, since it is possible, in the juridical deed procedure, with the necessary caution, to give priority to procedural economy requirements.

This paper sets out the legal framework adopted in Italy for performing diagnostic tests for SARS-CoV-2 and for containing SARS-CoV-2 contagion, by analysing the consequences of their application and reviewing the decisions taken on this point by the Regional Administrative Courts in the framework of monocratic precautionary procedures.

This paper analyzes the decree n. 634/2020, with which the President of the First Chamber of the Lombardy Regional Administrative Court provisionally suspended the part of the Lombardy regional Ordinance n. 528 in the part in which it authorizes retail trade operators to home delivery any kind of goods, because of its prejudicial effects to workers health.

With the decision no. 3066 of 23 April 2020, Tar Lazio rejected the request to suspend (precautionally) the effectiveness of the “Decreto interministeriale” of 7 April 2020, which established that, due to the Covid-19 emergency, Italian ports no longer represent a "Place of safety" under the SAR convention.

The President of the Third Section of the Council of State - by means of the decree no. 2028 of April 17th, 2020 - declared the inadmissibility of the precautionary appeal filed against decree no. 122/2020, according to which the President of the First Section of the Regional Administrative Court of Sardinia did not grant the suspension of the effects of two urgent ordinances issued by the Mayor of Pula (Cagliari) and which impose additional restrictions on the fundamental freedoms of individuals, going beyond those provided for at the national and regional level.

With the judgment of 15 April 2020, 1 BvR 828/20, the German Federal Constitutional Court ruled that the municipal administration of the town of Giessen must re-evaluate the request of authorization to hold a demonstration in a public place, presented by a German citizen and already rejected by the same administration, in light of the considerations on the exercise of administrative discretion carried out by the Court itself. According to the Constitutional Judge, in cases such as this, administrative discretion must in fact be exercised primarily in order to protect rights which, otherwise, an administrative provision could compress to the point of making it impossible to exercise.