Il principio di solidarietà applicato dal giudice amministrativo: una lettura comparata dell’obbligo vaccinale durante l’emergenza sanitaria

The Principle of Solidarity in Administrative Judicial Review: A Comparative Analysis of the Vaccination Mandate During the Health Emergency

Abstract

This article examines the role of the principle of solidarity in administrative judicial review during the Covid-19 emergency, focusing on the legitimacy of the vaccination mandate imposed on vulnerable professional categories. The study analyses how administrative courts have employed the principle of solidarity in Italy, France and French Polynesia. While in Italy and Polynesia solidarity operated as an integrative criterion and balancing tool, reinforcing the legitimacy of emergency measures, in continental France it remained within the framework of formal legality. The essay concludes by reflecting on the constitutional and systemic limits of judicial reliance on general principles during emergencies.

Keywords: Solidarity, administrative judge; Vaccination mandate; Public health emergency, Constitutional legitimacy