THE ROLE OF COVID-19 SOFT LAW MEASURES IN ITALY: MUCH ADO ABOUT NOTHING?

This article reflects on the role played by non-binding legal instruments in Italy when it faced the challenge of the SARS-CoV-2 virus in the early months of 2020. In order to verify whether the use of such instruments restricted fundamental and human rights beyond constitutional and legal limits, the article first gives an overview of hard law measures adopted in Italy in the fight against the coronavirus. The article will then focus on soft law measures, the use of which became significant only in Phase II of Italy’s response to COVID-19. Non-binding legal instruments have provided the public with instructions on how to gradually return to normal life. The article contains two case studies; the first one on soft law measures adopted within the freedom of private economic enterprise; and the second on measures adopted in relation to the freedom of worship. The Italian soft law deployed during the COVID-19 epidemic must be regarded as borne out of coordination between the State and the Regions and as the result of a dialogue (even though informal) with the relevant stakeholders concerned. Despite some criticism levelled against the use of soft law measures, their role in restricting constitutionally granted rights was marginal, because only hard law measures adopted at the State and local levels limited personal rights and freedoms in order to contain the pandemic.