Ordering power of the regions and asymmetries in the protection of rights

The case of the dystopian school

Abstract

The chapter questions the accentuation of asymmetries in protecting fundamental rights during the pandemic crisis on the national territory, which has increased existing inequalities. There are several causes of the phenomenon: excessive use of the power of ordinance of the Regions; the poor control - especially in the early stages of the pandemic - by the central State; the lack of cooperation between the State and Regions; some decisions of the administrative courts that, sometimes, have given contradictory results in the protection of rights. In particular, the chapter analyses the relationship between State sources of law and regional ordinances in the various stages of the pandemic. The case study is about distance learning and how administrative judges have spoken out during the changing political and pandemic situations