Language of document :

Request for a preliminary ruling from the Ufficio del Giudice di Pace di Lanciano (Italy) lodged on 28 May 2020 — XX v OO

(Case C-220/20)

Language of the case: Italian

Referring court

Ufficio del Giudice di Pace di Lanciano

Parties to the main proceedings

Applicant: XX

Defendant: OO

Intervener: WW

Question referred

Do Articles 2, 4(3), 6(1) and 9 of the Treaty on [European] Union and Articles 67(1) and (4), 81 and 82 of the Treaty on the Functioning of the European Union, in conjunction with Articles 1, 6, 20, 21, 31, 34, 45 and 47 of the Charter of Fundamental Rights of the European Union, preclude national provisions such as Articles 42, 83 and 87 of Decree Law No 18 of 17 March 2020, the decision of the Council of Ministers of 31 January 2020 declaring a state of national health emergency for six months until 31 July 2020 and Articles 14 and 263 of Decree Law No 34 of 19 May 2020 extending the national state of emergency for Covid-19 and the paralysis of civil and criminal justice and of the administrative work of Italian courts until 31 January 2021, taken together, in so far as they undermine the independence of the referring court and infringe the principle of due process as well as the connected rights to personal dignity, liberty and security, equality before the law, non-discrimination, fair and just working conditions, access to social security benefits and freedom of movement and of residence?

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