“The Constitution has been violated: now the crisis will be irreversible”



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The controversy over the effects of the new squeeze launched by the government has not abated, less than 24 hours after the latest anti-Covid measures announced by Giuseppe Conte. There are many options that are not convincing in the nth messy Dpcm, beginning with the division of responsibilities between the central government and local administrations and the possible, consequent, violation of the Constitution.

Going into detail, there are those who consider the inevitable clash that will occur between “center” and “periphery” in terms of containing the virus as a possible first step towards a institutional crisis irreversible. The greatest risk, from this point of view, is the dissolution of the State in the face of too many and excessive powers left to the Regions.

The teacher is convinced of it Giulio Tremonti that, interviewed by the newspaper The weather and regarding the decisions taken by Palazzo Chigi, he explicitly spoke of a violation of the Constitution. “The Constitution contains article 117, second paragraph, letter Q”Explained the former Minister of Finance.

Central government and local governments

In the article cited by the professor we read that international prophylaxis is exclusive national jurisdiction. “International prophylaxis – added Tremonti – It means health of course, but also places and public establishments, borders, public order and competition over all the means to counteract those that in the European Union treaty are suggestively the so-called international scourges.“.

The Covid pandemic can effectively fall into the category of international scourges. And therefore, in Title V, it is quite clear that “The competence of the Regions, in the case of the right to health, is subordinated to the competence of the State in cases like this“And yet Prime Minister Conte acted exactly the opposite, fueling the risk of a hypothetical”crisis and dissolution of the Republic“.

What should Rome have done? For Tremonti, the state had to immediately “apply the Constitution“, exercising their functions”of exclusive competence in the matter“.”Central power could be delegated on a case-by-case basis to the territories, but in the vacuum of central power it could not and should not be allowed to be attributed on their own initiative.”, Reiterated the former minister.

The illusion of Europe

Regarding the action ofEuropean UnionInstead, Tremonti pointed a finger at the illusion created by Brussels: “Europe has been suspended. It de-applied the market allowing state aid, put the parameters of Maastri cht in the freezer, in fact it encourages the formation of public debt with the purchases of related securities by the ECB“And in Italy, this incentive led to the granting of rain bonus: for bicycles, for scooters, etc. In short, Tremonti believes that Europe has misled the government “on the dramatic responsibility of going into debt“.

On the other hand, Europe has acted on Eurobonds. “Now they come and it’s very good – Tremonti said again- But they are a terribly complicated mechanism: they are based on the new European budget, 2021-2027 and they presuppose the PNR, the new own resources. These come from the new European taxes, paid by Europeans, on plastics, carbon and the web. For European taxes, unanimity is needed and highly unlikely. Then larger national contributions will be used“Considering Italy, it’s about 40 billion. So, calculator in hand, the 80 billion non-refundable.”become about half“, to be distributed”about 5 or 6 years“.

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