The deployment of COVID-19 vaccines and certificates across the EU : a legal analysis

Abstract

This dissertation explores the deployment of COVID-19 vaccines and certificates across the EU to help curb the COVID-19 pandemic and weighs up their implications from a human rights perspective, both at an EU level through the deployment of the European Digital COVID-19 Certificate (EUDCC) and at a national level by analysing the deployment of COVID vaccines and certificates in various Member States. Although the European Convention on Human Rights and the EU Charter of Fundamental Rights afford protection to citizens, in certain situations, rights may be restricted. Such restrictions must, however, be provided by law or ‘ in accordance with the law’, serve a legitimate aim, and be proportionate and necessary in a democratic society. This study investigates whether the use of COVID vaccines and certificates satisfy such requirements and looks into their applicability through an analysis of the relevant laws in force. At an EU level, it focuses on Regulation (EU) 2021/953 (which is known as the EU Digital COVID Certificate Regulation), and at the issue of vaccine mandates in select EU Member States. Due to the contemporary nature of the topic, there is a dearth of case law addressing the matter of COVID-19 vaccines and certificates. However, the European Court of Human Rights has dealt with the issue of vaccine mandates in the case of school children, which provided guidance on how COVID-19 mandatory vaccine certificates may be adopted in a manner which complies with the human rights framework. This study concludes that COVID-19 vaccines and certificates have shown to be an effective strategy in combating the pandemic and improving public health in general. Thus, if laws in this respect are enforced in a proportionate and necessary manner to protect the greater interests of public health and social security, they are to be considered legal and in conformity with human rights law.