Constitutions and Pandemic. An Empirical and Doctrinal Survey of the Pandemic Year 2020/21 in Germany and Italy

Mar, 11/23/2021 - 17:00 / 18:30

Aula 15, Via Parenzo

Speaker: Laura Hering , MPIL Heidelberg

Abstract

The year 2020 will be remembered as the year of the pandemic. However, SARS-CoV-2 will not only be looked back to as a health or economic challenge, but also as a test for constitutional law. In order to combat the virus, fundamental rights were restricted in a way that was unprecedented. Parliaments came under pressure. In German scholarship and legal practice, a debate of unparalleled rhetorical sharpness flared up within a very short period of time. Against this background, this project aims to read and reconstruct the German constitutional pandemic debate in the light of the Italian constitutional debate, since the two countries reacted differently despite their similarity in a comparable initial situation. This research will be carried out primarily with a view to a "common European constitutional law" on Covid-19. Moreover, through this new perspective the work also aims to contribute to the German legal debate.