The Legal Challenges of Managing the COVID-19 Pandemic
Arianna Vedaschi, of the Bocconi Department of Legal Studies, is the editor of Governmental Policies to Fight Pandemic: The Boundaries of Legitimate Limitations on Fundamental Freedoms. Published by Brill, this volume examines the legal measures adopted globally in response to the Covid-19 pandemic, focusing on how governments have balanced public health needs with fundamental rights. The book collects the General Report (written by Vedaschi) as well as selected National Reports (written by scholars from all over the world) presented at the 2022 General Congress of the International Academy of Comparative Law, the oldest and most prestigious association of comparative law scholars, where Vedaschi was invited as General Rapporteur. The book constitutes the research output of a project that lasted more than two years and was carried out under the auspices of the Academy.
In her extensive General Report (more than 100 pages), Vedaschi highlights some discernible trends in the legal reaction to public health emergency caused by Covid-19 and points out some common dynamics in the management of Covid-19 public health crisis (e.g. the marginalization of Parliaments and the outreach of Executives, the impossibility for courts to review emergency measures, the new role of science and technology in decision-making), assessed thanks to the precise analysis of individual National Reports. In the concluding remarks, Vedaschi draws some guidelines in order to improve the response to potential forthcoming emergencies.
As a whole, the volume provides insights for scholars, legal practitioners, and policymakers interested in the legal implications of emergency responses. It contributes to ongoing discussions on the limits of government authority in times of crisis and the long-term impact of pandemic-related policies on democratic systems.
