Giudicare la pandemia con la proporzionalità. Le misure anti-Covid-19, il vaglio giudiziario e il diritto comparato

Abstract

States are struggling to replace the anti-Covid-19 lockdowns that threaten the economy and freeze human mobility and interactions with softer, more digitalized forms of social distancing. The article analyzes to what extent fundamental rights’ issues revolving around tools such as smartphone apps that trace contacts are justiciable. The article focuses on the role of science, of amici curiae, and of proportionality scrutiny as three key elements that can play a role adjudicating cases of this kind.