Papers

  • Uncertainty, administrative decision making and judicial review
    Published on 24 June 2022
    The role of courts has been rather significant in the COVID-19 pandemic, weakening the theory that the judiciary is not equipped to manage emergencies and contribute to govern crisis management. Although the analysis shows that differences exist across countries, depending on institutional varieties and political contexts, the experience of COVID-19 has shown that, even in times of emergency, courts can adapt, and provide the necessary balance to the power shift towards the executives. Both action and inaction affecting fundamental rights have been scrutinised, with different intensity across countries, to ensure that governments took the necessary measures to contrast the pandemic, taking into account fundamental freedoms and the rule of law.
    Author(s): Fabrizio Cafaggi and Paola Iamiceli
    Source: European Journal of Risk Regulation
    Download pdf (737.71 KB)
  • Global Pandemic and the Role of Courts - Opening survey
    Published on 24 June 2022
    While policymakers, legislators, and scientists have been in the front line in designing the institutional and regulatory framework of the preparedness strategy, the role of courts has emerged as a vital component of the institutional response to the challenges brought by the current pandemic. Not only have courts overseen statutory legislation and administrative acts to assess their conformity with constitutional norms and the rule of law, but, on a more substantive level, have also acted as custodians of fundamental rights, ensuring the right balance between conflicting ones.
    Author(s): Fabrizio Cafaggi and Paola Iamiceli
    Source: Global Pandemic Network
    Download pdf (1.58 MB)

Conference Proceedings

  • COVID-19 Litigation Conference 2022 - The Interplay between domestic (Taiwan) and international laws in pandemic risk management
    Published on 13 December 2022
    Author(s): Anton Ming Zhi Gao
    Download pdf (2.31 MB)
  • COVID-19 Litigation Conference 2022 - The Interplay between domestic (Australia) and international laws in pandemic risk management
    Published on 13 December 2022
    Author(s): Tina Cockburn
    Download pdf (907.34 KB)
  • COVID-19 Litigation Conference 2022 - The changing role of judicial review during prolonged emergencies
    Published on 13 December 2022
    Author(s): Ittai Bar-Siman-Tov, Itay Cohen, Chani Koth
    Download pdf (1.27 MB)
  • COVID-19 Litigation Conference 2022 - Project Presentation
    Published on 13 December 2022
    Author(s): Paola Iamiceli
    Download pdf (565.24 KB)
  • COVID-19 Litigation Conference 2022 - Judicial Reviews in Austria
    Published on 13 December 2022
    Author(s): Edith Zeller
    Download pdf (109.75 KB)
  • COVID-19 Litigation Conference 2022 - Indian region response: public health, fundamental rights and vulnerabilities
    Published on 19 December 2022
    Author(s): Tania Sebastian
    Download pdf (219.73 KB)
  • COVID-19 Litigation Conference 2022 - Covid-19 Litigation in Latin America
    Published on 14 December 2022
    Author(s): Natalia Rueda
    Download pdf (478.14 KB)