The overall objective of this project is to analyze and define the role of the legislator,
both on the federal and the state level, in a state of health emergency due to a global pandemic as it has been caused by SARS-CoV-2.
In particular, the project will examine the constitutional limits to delegations of legislative powers to, and of authorizations conferred upon, the executive to take pandemic control measures.
In addition, the applicability of the precautionary principle as well as its potential to justify the strict and sweeping measures of pandemic control will be investigated.
Moreover, the project will elaborate on a constitution-based guidance for the legislator to enact rules framing triage decisions by clinicians.