Standards for Including Scientific Evidence in Restrictions on Freedom of Movement: The Case of EU Covid Certificates Scheme
Compared to previous secondary legislation, Article 11 of the Digital Covid Certificates regulations was remarkably explicit in its requirement for Member States to consider scientific evidence when restricting free movement for the certificate holders. However, we argue in this Article that the reg...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2025-03-01
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| Series: | European Journal of Risk Regulation |
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| Online Access: | https://www.cambridge.org/core/product/identifier/S1867299X24000515/type/journal_article |
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| author | Danaja Fabcic Povse Paul Quinn Herwig C.H. Hofmann Felix Pflücke |
| author_facet | Danaja Fabcic Povse Paul Quinn Herwig C.H. Hofmann Felix Pflücke |
| author_sort | Danaja Fabcic Povse |
| collection | DOAJ |
| description | Compared to previous secondary legislation, Article 11 of the Digital Covid Certificates regulations was remarkably explicit in its requirement for Member States to consider scientific evidence when restricting free movement for the certificate holders. However, we argue in this Article that the regulations achieved a partial codification of the existent case law of the CJEU rather than imposing any additional requirements. Namely, the case law had already required Member States to rely on scientific evidence that reflects the international consensus, that is relevant and up to date, and that the evidence had to demonstrate by means of a risk assessment a real risk to the public health. We also discuss these findings in the light of the proportionality and precautionary principles and suggest that understanding the evolution of the EU legal order’s evidentiary requirements is useful in the light of the legislator’s claim of objective and rational policy-making procedures in public health and other crises. |
| format | Article |
| id | doaj-art-292cabb4ef024d558de9ca5f978e4986 |
| institution | Kabale University |
| issn | 1867-299X 2190-8249 |
| language | English |
| publishDate | 2025-03-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | European Journal of Risk Regulation |
| spelling | doaj-art-292cabb4ef024d558de9ca5f978e49862025-08-20T13:03:13ZengCambridge University PressEuropean Journal of Risk Regulation1867-299X2190-82492025-03-011622824110.1017/err.2024.51Standards for Including Scientific Evidence in Restrictions on Freedom of Movement: The Case of EU Covid Certificates SchemeDanaja Fabcic Povse0https://orcid.org/0000-0002-6263-5373Paul Quinn1Herwig C.H. HofmannFelix PflückeHealth and Ageing Law Lab, Vrije Universiteit Brussel, Brussel, BelgiumHealth and Ageing Law Lab, Vrije Universiteit Brussel, Brussel, BelgiumCompared to previous secondary legislation, Article 11 of the Digital Covid Certificates regulations was remarkably explicit in its requirement for Member States to consider scientific evidence when restricting free movement for the certificate holders. However, we argue in this Article that the regulations achieved a partial codification of the existent case law of the CJEU rather than imposing any additional requirements. Namely, the case law had already required Member States to rely on scientific evidence that reflects the international consensus, that is relevant and up to date, and that the evidence had to demonstrate by means of a risk assessment a real risk to the public health. We also discuss these findings in the light of the proportionality and precautionary principles and suggest that understanding the evolution of the EU legal order’s evidentiary requirements is useful in the light of the legislator’s claim of objective and rational policy-making procedures in public health and other crises.https://www.cambridge.org/core/product/identifier/S1867299X24000515/type/journal_articleCovid-19 pandemicfree movementscientific evidence |
| spellingShingle | Danaja Fabcic Povse Paul Quinn Herwig C.H. Hofmann Felix Pflücke Standards for Including Scientific Evidence in Restrictions on Freedom of Movement: The Case of EU Covid Certificates Scheme European Journal of Risk Regulation Covid-19 pandemic free movement scientific evidence |
| title | Standards for Including Scientific Evidence in Restrictions on Freedom of Movement: The Case of EU Covid Certificates Scheme |
| title_full | Standards for Including Scientific Evidence in Restrictions on Freedom of Movement: The Case of EU Covid Certificates Scheme |
| title_fullStr | Standards for Including Scientific Evidence in Restrictions on Freedom of Movement: The Case of EU Covid Certificates Scheme |
| title_full_unstemmed | Standards for Including Scientific Evidence in Restrictions on Freedom of Movement: The Case of EU Covid Certificates Scheme |
| title_short | Standards for Including Scientific Evidence in Restrictions on Freedom of Movement: The Case of EU Covid Certificates Scheme |
| title_sort | standards for including scientific evidence in restrictions on freedom of movement the case of eu covid certificates scheme |
| topic | Covid-19 pandemic free movement scientific evidence |
| url | https://www.cambridge.org/core/product/identifier/S1867299X24000515/type/journal_article |
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