Lineamenti della produzione normativa durante la pandemia. Approdi giurisprudenziali e profili di comparazione con l’esperienza tedesca

Aspects of the normative production during the pandemic. Case law points of arrival and comparative profiles with the German experience

Abstract

Abstract: Aspects of the normative production during the pandemic. Case law points of arrival and comparative profiles with the German experience - The article discusses some profiles characterizing law making during the pandemic emergency, especially from the perspective of judicial review. The Italian case is the subject of a privileged comparison with the German experience. The contribution focuses on the prevalence of sources of governmental origin, the relationship between central and peripheral normative authorities, and the role of medical-scientific authorities. Case law in both legal systems places the relationship between law and science at the center, both for the purpose of controlling the legitimacy of governmental measures to counter the epidemiological emergency and of the same legislative sources from which the former are provided for; and for the purpose of controlling the reasonableness and proportionality of restrictive measures, what has suggested some profiles of comparison also with regard to questions of constitutional legitimacy of the vaccination obligation.

Keywords: epidemiological emergency; sources of law; science-based law making; judicial review.