Per un’emergenza “ragionevole”: l’opera mitigante della giurisprudenza tedesca sulle decisioni degli esecutivi

The essay aims to investigate, in a comparative perspective, how the German judicial review process responses has operated under Covid-19 pandemic. The modifications and innovations implemented by the Courts in response to the Covid-19 legislative and administrative measures, will be specifically analysed under two main aspects: on the one hand, the correctness of the formal legal procedures followed by the lawmakers in order to adopt the necessary measures to face the crisis; on the other hand, the most significant case laws concerning fundamental rights restrictions, their legitimacy and their limits. The paper outlines the fundamental divergencies with the Italian’s judicial review approach and concludes that the interventionist attitude of the German Courts – encouraged by some constitutional remedies as the wide deployment of the proportionality principle and by the Verfassungsbeschwerde– broadened the ability of the German judiciary to influence the decisions of the Lawmaker.