The Balancing of Rights at the Time of covid-19 Emergency

The object of the analysis begins from the use of a precautionary discipline lacking complete scientific certainty in tackling the first months of the fight against the Covid-19 pandemic, by means of measures lacking both in knowledge and in full compliance with the parliamentary forms required in the event of permanent restrictions on fundamental rights of movement and assembly. The article focuses on the question of whether the division of powers that governs our rule of law, on the other hand requires a sharing of knowledge. In the past months a sharing of knowledge had not taken place in part because there was no knowledge itself. It is not true that we have not balanced the interests of collective health with dignity, with the economy, with freedom, with the right of movement, with affection. It has been said that the first rights had not to be sacrificed and undersized. However, there was a balance. Balances are always there. In some cases, they are reduced or hidden, but they are there. In this field, criminalist has gained his own experience because he knows very well what is permitted risk, which concerns the prediction of entire activities dangerous to life or health or safety, but permitted or regulated in the name of balancing with other assets. Criminal lawyers have known for more than a century that permitted risk contains balances that are often 'hidden' under the rules of legal positivism, and even if, in the face of the pandemic, the path of criminalisation has fortunately not been chosen as the primary regulatory solution, it is nevertheless clear that we are witnessing an extreme balancing act, which has sacrificed a series of fundamental rights in the manner described above, without his choices being deduced from a rule. The article discusses some basic problems of the political and constitutional legitimacy of such balancing acts. The article discusses some basic problems of the political and constitutional legitimacy of such balancing acts