Sulla temporaneità nell'emergenza costituzionale. Primi rilievi

The essay focuses on the characteristics of the temporariness component of the emergency rule. Not to be confused with the concept of «shortness», temporariness is important in the scrutiny of proportionality. In this sense, above all, case law on coronavirus offers several systematic insights on the issue, helping to distinguish the temporariness of the emergency from that associated with ordinary contexts, which are more akin to the idea of «tolerability». In the emergency, temporariness presents itself as an increasingly stringent criterion of progressive scrutiny in which the norm’s ability to respond to the evolution of the alarming fact is decisive. Thus, the component of temporariness arises in its instrumentality to the constitutional order’s endurance during serious events, avoiding the establishment of a stable regime that is antithetical to the original one.