El estado de excepción con ocasión al Covid-19 y su estudio constitucional

Abstract

The present brief seeks to give a description of the parameters established by the Constitutional Court for the examination of the constitutionality of legislative decrees issued on the occasion of a state of emergency. Consequently, it has been drawn, in particular, from judgments C-307/20, C-210/20, C-194/20, C-157/20, C-145/20 and C-180/20. The result of the analysis is that there is a rigorous examination established by the Constitutional Court itself, with respect to the legislative decrees, both the matrix and those that develop the first and the examination is divided into two: formal and material. The Constitutional Court makes use of this examination in all the judgments in question to elucidate whether it is compatible both with a state of emergency and mainly with the Political Constitution.