Legal briefs

  • Vaccination litigation and impact of government measures on fundamental rights
    Published on 22 February 2023
    Author(s): Sébastien Fassiaux
    Download pdf (1.14 MB)
  • Legal considerations for health emergency measures in schools and education
    Published on 3 October 2024

    ISBN 978-92-4-009068-2 (electronic version)

    © World Health Organization 2024 Some rights reserved.

    Author(s): World Health Organization
    Source: https://iris.who.int/bitstream/handle/10665/379009/9789240090682-eng.pdf
    Download pdf (1.5 MB)

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
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  • 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)

Books

  • The role of national and international courts in global health crises
    Published on 3 October 2024

    © Copyright 2024 - Università degli Studi di Trento Via Calepina 14 - 38122 Trento

    ISBN 978-88-5541-060-1 ISSN 2284-2810

    Author(s): Paola Iamiceli, Fabrizio Cafaggi
    Source: https://iris.unitn.it/handle/11572/406169
    Download pdf (4.71 MB)

Articles

  • The Courts and effective judicial protection during the Covid-19 pandemic. A comparative analysis
    Published on 3 October 2024

    Originally published on  BioLaw Journal n. 1/2023

    Author(s): Paola Iamiceli, Fabrizio Cafaggi
    Source: https://teseo.unitn.it/biolaw/article/view/2641
    Download pdf (924.75 KB)

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)