LAW AND ECONOMY IN THE CONTEXT OF THE NEW PANDEMIC EMERGENCY: THE ECHR LEADING CASE MARCELLO VIOLA V. ITALY AND THE EU LAW

Abstract

The analysis of the most recent Eurostat data shows that in March 2020 industrial production in the 19 countries of the Eurozone recorded a historical slump, decreasing by 11.3 % compared to February and by 12.9 % compared to a year earlier. The COVID-19 health emergency has led to the urgent need to take a political position on the right to health of prisoners in Italian prisons. The UE legal framework will therefore have to comply with the decision of the ECHR Marcello Viola v. Italy on “the right to hope”, jurisprudence that does nothing more than reaffirm the primacy of UE jurisprudence over national jurisprudence, even in the pandemic emergency context.