La Spagna e la pandemia. Riflessioni interlocutorie sulla costituzionalità della dichiarazione dell'estado de alarma

The article deals with some constitutional issues that arose during the management of the Coronavirus pandemic in Spain. Special attention is focused on the Constitutional Tribunal as well as the Defensor del Pueblo. In fact, during the last months, due to their role as guarantee institutions, both received several compliants about the probable inconsistency with the Constitution of the Real decreto 463/2020, declaring the estado de alarma on 14 March 2020. While an important decision of the Constitutional Tribunal is still expected, a valuation of those issues seems to be even more interesting in the present moment, when a new estado de alarma has been declared by the government in order to manage the new wave of the pandemic.