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The government’s appeal had been filed against ordinance number 37 of April 29 of the President of the Santelli Region in the part that it allowed to open only with service to the outdoor tables of bars, restaurants and farms.
Phase 2: Santelli, “Be careful with the government? I am not going to withdraw an ordinance in Calabria”
In its appeal, prepared by the State Attorney, the government stated that the regional ordinance contained some provisions that “anticipate the effectiveness of the provisions to facilitate restrictive measures to combat and contain the contagion of Covid-19 that the Dpcm of April 26 2020 is presented only as of May 4, 2020. ” And furthermore “it is issued without any prior formal dialogue with the government” and after “an incomplete preliminary procedure, without any scientific argument.”
The government warns Calabria: immediately the ordinance in bars or take note. Anci vs. Governors
For its part, the Region supported the “inadmissibility of the government’s appeal” due to lack of jurisdiction, “believing that the controversy was within the jurisdiction of the Constitutional Court, and emphasized the” absolute legitimacy “” of the measure adopted by the president. Santelli, defined “completely” in accordance with the principles of adequacy and proportionality, referred to in Legislative Decree 19 of 2020, which require modulating the measures limiting the constitutional prerogatives to the ‘risk actually present in specific parts of the territory’ ” .
