The Council declared the provincial law of 8 May 2020 on the so-called “South Tyrolean route” unconstitutional during the restart of the pandemic. This was announced by the Bolzano lawyer Luca Crisafulli. “Time is a gentleman,” he comments.
Four years ago, the Bolzano Provincial Council approved the law to accelerate Phase 2 in Alto Adige in a night session with 28 yes votes, one no vote and six abstentions. Before the rest of the country in the Province of Bolzano, therefore, first the shops reopened and then also hairdressers, bars, restaurants and museums.
“The crisis – said governor Arno Kompatscher in the chamber at the time – has been a great challenge for many categories, from families to businesses, and the next few weeks will still be difficult. The law perhaps disappoints some expectations, but it was right to continue together on this road.” The government challenged the provincial law.
Now the Constitutional Court (sentence 50/2024) has declared the unconstitutionality of provincial law 8 May 2020, n.
4, in the part in which it sanctioned the violation of the obligation incumbent on the owners and managers of catering and food and beverage services to require customers to show the green certification required by state legislation. The Province – declares the Constitutional Court – had no jurisdiction in the matter since it was an “international prophylaxis”, a matter falling within the exclusive jurisdiction of the State, therefore it could not intervene with its own laws.
“The sanctions at the time were all illegitimate, and someone will certainly have to answer for them. I’m sorry to say that such an epilogue was very predictable”, comments Crisafulli.
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