Balancing security and fundamental rights under the Covid-19 pandemic emergency: regulatory practices and judicial protection in Europe

Ciucci, Serena (A.A. 2021/2022) Balancing security and fundamental rights under the Covid-19 pandemic emergency: regulatory practices and judicial protection in Europe. Tesi di Laurea in Security law and constitutional protection, Luiss Guido Carli, relatore Elena Griglio, pp. 123. [Master's Degree Thesis]

Full text for this thesis not available from the repository.

Abstract/Index

Constitutional emergency clauses: a comparative overview of the European context. Constitutional provisions on states of emergency in Europe. The impact of the use of emergency clauses on the balance of powers under the Covid-19 pandemic. The limitation of fundamental rights under the Covid-19 pandemic. The role of Constitutional Courts in realigning anti-Covid emergency rules with the separation of powers and the protection of fundamental rights. Comparing the French, German and Italian constitutional jurisprudence on the Covid-19 pandemic. The role of the French conseil Contitutionnel in balancing health restrictions and fundamental rights. The role of the German Federal Constitutional tribunal in evaluating the legitimacy of the Covid-19 emergency measures through the criteria of proportionality, suitability and necessity. The opinion of the Italian Constitutional Court on the nature and content of the restrictive measures adopted to manage the Covid-19 pandemic. The proactive role of the Spanish Constitutional tribunal in assessing the management of the Covid-19 pandemic. The Spanish―constitutional block‖ on the regulation of states of exception. The management of the Covid-19 pandemic by the Spanish authorities. The main decisions of the Spanish Constitutional tribunal on the Covid-19 pandemic.

References

Bibliografia: pp. 114-119.

Thesis Type: Master's Degree Thesis
Institution: Luiss Guido Carli
Degree Program: Master's Degree Programs > Master's Degree Program in International Relations (LM-52)
Chair: Security law and constitutional protection
Thesis Supervisor: Griglio, Elena
Thesis Co-Supervisor: Fasone, Cristina
Academic Year: 2021/2022
Session: Extraordinary
Deposited by: Alessandro Perfetti
Date Deposited: 20 Jun 2023 12:58
Last Modified: 20 Jun 2023 12:58
URI: https://tesi.luiss.it/id/eprint/35941

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