Vaccination Obligations: first administrative appeal approaches the Constitutional Court

As foreseeable, the administrative appeals against vaccination obligations begin to face the assessments of the administrative courts and then pass to the scrutiny of the Constitutional Court.

T he Council of Administrative Justice of the Sicily region receives an appeal from a trainee who has not been admitted to a training course at a hospital because he is not vaccinated. The appellant then raises an administrative appeal against this denial of access, also raising a question of a constitutional nature. The Administrative Council of Justice therefore evidently assessed that there is a basis in the applicant's statements and ordered that an investigative commission be set up to assess the validity of the question of constitutional illegitimacy presented.

This investigation commission will have to give an opinion on the doubts of constitutionality or otherwise of the DL relating to the Green Pass and the related vaccination obligations. Here are the questions to be answered:

1) the procedures for assessing the risks and benefits carried out, at a general level, in the vaccination plan and, at an individual level, by the vaccinator, also on the basis of the pre-vaccination history; whether pre-vaccination tests, including genetic tests, are recommended to users (considering that the individual genetic makeup can affect the immune response induced by the administration of the vaccine); clarifications on studies and scientific evidence (also possibly emerging during the vaccination campaign) on the basis of which vaccination is arranged for subjects already infected by the virus;

2) the methods of collecting informed consent;

3) the articulation of the monitoring system, which should allow national health institutions, in cases of danger to public health due to adverse effects, to suspend the application of the vaccination obligation; clarifications on the data relating to risks and adverse events collected during the current administration campaign and on the statistical processing of the same (in particular, which criteria have been established, and by which subjects / institutions, to collect data on the effectiveness of vaccines and adverse events; clarifications regarding the data collection and processing criteria and the territorial dimension, whether national or supranational; who are the subjects to whom the data and study methods converge), and on the data relating to the effectiveness of vaccines in relation to new variants of the virus.

4) articulation of post-vaccination surveillance and on adverse reactions to vaccines, having regard to the two forms of active surveillance (with the administration of special questionnaires to evaluate the result of vaccination) and passive (spontaneous reports, i.e. carried out independently by the doctor who suspects reactions adverse).

report will also have to clarify in part:

1.1. with reference to the first question, whether general practitioners have been given directives requiring them to contact their patients to whom, if necessary, suggest pre-vaccination tests;

1.2. methods whereby the general practitioner is notified of the spontaneous vaccination of one of its clients (at vaccination hubs and the like);

2.1. as for the second question, clarifications are requested regarding the documentation offered for consultation of users at the time of signing the informed consent;

2.2. clarifications regarding the continuing obligation to sign informed consent even in situations where vaccination is mandatory;

3.1. with reference to the third question, the transmission of the data currently collected by the administration regarding the efficacy of vaccines is requested, with specific reference to the number of vaccinated persons who are equally infected by the virus (original strain and / or variants), both the total and partial numbers of vaccinated with one two and three doses; data on the number of hospitalizations and deaths of the infected vaccinated; the above data compared with those of the unvaccinated;

4.1. With reference to the fourth question, we ask to know if it is delegated to general practitioners:

4.1.1. to communicate all the adverse events (lethal and otherwise) and pathologies from which the vaccinated subjects are affected, and within what time range of observation; or

4.1.2. to communicate only adverse events expressly listed in directives possibly transmitted to healthcare professionals; or

4.1.3. whether it is at the discretion of general practitioners to report adverse events which, in their opinion, may be linked to vaccination;

4.2. it is also requested to specify how general practitioners access the platform for said reports, who takes charge of said reports, by whom they are processed and studied.

We will see what the commission will say, but we are sure there will be many dozen similar appeals.

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The article Vaccinal obligations: first administrative appeal approaches the Constitutional Court comes from ScenariEconomici.it .

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This is a machine translation of a post published on Scenari Economici at the URL https://scenarieconomici.it/obblighi-vaccinali-primo-ricorso-amministrativo-si-avvicina-alla-corte-costituzionale-ora-sapremo-se-veramente-il-green-pass-sia/ on Mon, 17 Jan 2022 20:34:31 +0000.