07 March 2023
The Italian “No Jab, No Job” Law Passes Constitutional Muster
The Italian legal system has known some unprecedented measures during the pandemic, including the lockdown regime, “green pass” system etc. Such measures have been probed by ordinary and administrative judges and by the Italian Constitutional Court (ICC). Notwithstanding some limited corrections, these measures stood up to scrutiny overall. This is also true for COVID-19 vaccine mandates. Now, with three judgments, the ICC dismissed all the challenges against it. Continue reading >>
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02 February 2022
On the Right to Compulsory Vaccination
The legitimacy of compulsory vaccination is a question of what kind of freedom we want. It is not a matter of state decree, but rather the reaction of a democratic constitutional state to an omission that can be interpreted as a violation of the freedom of others. If we take the legal relationship of freedom as a basis, some guidelines for models of compulsory vaccination emerge. Continue reading >>
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10 November 2021
Biden’s Vaccine-or-Test Mandate in Legal Limbo
COVID-19 vaccine, a medical marvel of the first order, has in due course become the subject first of political and then legal controversy. Several states and businesses brought suit against the Biden administration’s mandate that large employers require vaccinations or weekly testing, and a federal appeals court has issued a stay blocking the mandate. As if the stakes in this litigation weren’t high enough, the case could turn into a showdown not only over vaccination, but over the power of regulatory agencies in the United States more generally. Continue reading >>
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