Paola Iamiceli (University of Trento, Faculty of Law) & Fabrizio Cafaggi have posted Decision-Making in Times of Uncertainty and the Protection of Fundamental Rights: A Comparative View on Global Litigation During the Pandemic on SSRN. Here is the abstract:
The chapter introduces a book whose contributions are based on around 2400 decisions selected and available in an openly accessible Database and News Page (available at https://www.covid19litigation.org/); it examines the litigation that emerged in more than 80 countries around the world on challenges brought against States, hospitals, schools, other institutions and individuals in relation to public health measures taken or not taken during the COVID-19 pandemic. The chapter illustrates some of the main outcomes of an international project, coordinated by the University of Trento with the co-financing of the World Health Organisation and the participation of eight academic partners in all continents. Without any statistical ambition, it presents qualitative and quantitative data concerning the intensity and the main characteristics of such litigation, the matters addressed, the nature of the parties involved, the adjudication outcome. On this basis, the article introduces the general framework of a comparative analysis deployed in the book on the different approaches to judicial review and State liability in times of pandemic and the possible impact that these approaches may generate in the longer run.