Abstract
The Covid-19 pandemic is showing that it is key to be prepared to manage health emergencies, also from a legal point of view. However, the identification of sound legal approaches to tackle public health risks/events has not been properly addressed so far. This is a gap that must be filled, as legal preparedness (LP) is a critical component of health security. Indeed, LP facilitates the prevention, detection and response to public health emergencies (c) in line with regional and international standards. For this reason, HELP aims to examine the concept of LP, and understand how it can enhance policies and activities to prevent and respond to future health crises, especially when they have a cross-border nature. Building upon the conceptualization of LP, the project will outline the core international and regional obligations in the context of PHEs and assess the contribution the Italian legal systems may give thereto. Concerning the regional dimension, particular attention will be paid to the African context, and more specifically to the cooperation between the EU and the African Union (AU). There are a number of reasons for this. Firstly, the geographical proximity of Africa, which increases the risk that infectious disease spread to Europe. Secondly, the strategic importance of the relations with the African continent. Third, the contribution that close cooperation with the AU can bring to a high level of protection of health. Finally, the project will assess Italy’s capacity in terms of PHEs-LP, and analyse how to enhance Italy’s ability to contribute to its development in the regional and international contexts, also in light of the ongoing discussions on legal reforms. Particular attention will be paid to the developments at the international level that can impact on the national obligations such as the current negotiations on a revised IHR and on an international pandemic treaty, as well as the rich array of human rights cases revolving around prevention, mitigation and management measures adopted to contrast the COVID 19 pandemic. At the EU level, the possible creation of a EU Health Union will specifically be addressed. The project's goal is to increase awareness among Italian policy-makers and practitioners on the relevance of PHEs-LP, to make them better equipped to fully implement the international and regional obligations already present and to fruitfully contribute to the discussion on the legal reforms mentioned above. Lastly, HELP will address the importance of inclusiveness in decision-making processes to guarantee participation rights of civil society and other relevant stakeholders. The project is thus fully in line with the 2030 Agenda for SDGs (SDG 3 on health and wellbeing, SDG 16 on inclusive institutions) and with the PNRR (Mission 6 on Health).
Results achieved
The PRIN 2022 HELP project – Health Emergencies and Legal Preparedness: Global, Regional and National Approaches – carried out a systematic analysis of the concept of legal preparedness, exploring its theoretical foundations and its role in the prevention, preparedness and management of health emergencies. The research adopted a genuinely multilevel perspective, examining legal preparedness across international, European and national legal frameworks and drawing on expertise from international law, European Union law, comparative law, constitutional law and public health. Particular attention was paid to identifying the legal obligations applicable to health emergencies, assessing the interaction between different regulatory regimes, highlighting existing regulatory gaps and proposing possible avenues for reform. Throughout the project, legal analysis was complemented by contributions from public health experts, ensuring an interdisciplinary approach capable of linking legal theory with the practical challenges faced by institutions during recent health crises. Scientific publications The main findings of the project have been compiled in the book Emergenze sanitarie e Legal Preparedness: approcci globali, regionali e nazionali, edited by Giacomo Di Federico and Emanuele Sommario (Editoriale Scientifica), which represents the first comprehensive study in Italian dedicated to legal preparedness in health emergencies. The volume systematises the research findings, offering a comprehensive overview of the legal instruments and obligations governing preparedness at international, European and national levels. It addresses issues ranging from global health governance and international human rights law to the European Health Union, disaster law, pharmaceutical regulation and national emergency planning, whilst also exploring emerging topics such as the One Health approach and the role of international organisations. Bringing together contributions from members of the research team alongside leading scholars and practitioners from academia, European institutions, health authorities and international organisations, the volume aims to serve as both a scholarly reference work and a practical resource for researchers, policymakers and public officials working in the field of health emergency governance. Monitoring and dissemination Alongside the research activities, the project carried out extensive monitoring, information and scientific dissemination work. A regular newsletter was produced and distributed via the project website and social media channels, providing periodic updates on the most significant legislative, policy and case-law developments relating to legal preparedness at the international, European and national levels. As well as reporting on recent developments, each issue sought to contextualise ongoing reforms, highlight emerging legal trends and make complex regulatory developments accessible to a wider audience of researchers, practitioners and policymakers. This ongoing monitoring ensured that the project remained closely attuned to the rapidly evolving legal framework governing health emergencies. Scientific events A significant part of the project was devoted to organising scientific events designed to promote dialogue between academia, European institutions and public health authorities. The project organised a series of specialist seminars addressing some of the most topical issues in contemporary health governance, including global health governance, the European Centre for Disease Prevention and Control (ECDC), the reform of EU pharmaceutical legislation, the European Health Union, and the relationship between the rule of law and the management of health emergencies. These events brought together representatives from the European Commission, the ECDC, the European Medicines Agency (EMA), leading academics from Italian and foreign universities, legal practitioners and public health experts, fostering interdisciplinary discussion on current regulatory developments and future policy challenges. Two international conferences further broadened the comparative scope of the project. One focused on the European Union’s post-pandemic reforms in the field of health preparedness, whilst the second explored how different legal systems address health emergencies, offering perspectives from Europe, North America, Africa, Asia and Australia. The results of these two events have been documented in two separate reports, which can be viewed on the project website. The project concluded with a final conference dedicated to presenting its main research findings and discussing future developments in the field of legal preparedness. Digital communication and outreach The dissemination strategy also relied on a strong digital presence. A dedicated project website served as the central repository for research outputs, event materials, newsletters and project updates, whilst dedicated LinkedIn account ensured continuous engagement with both specialist and non-specialist audiences. An animated explainer video introducing the objectives and significance of the project was also produced and made available via the project website and YouTube, providing an accessible introduction to the concept of legal preparedness and the project’s research agenda. Overall impact Overall, the HELP project has contributed not only to advancing the academic understanding of legal preparedness, but also to establishing a stable platform for dialogue between legal scholars, European and national institutions, public health authorities and practitioners. By combining rigorous legal research with ongoing dissemination activities and interdisciplinary collaboration, the project has raised awareness of the role that law plays in preventing, preparing for and responding to health emergencies. At the same time, it has contributed to the development of a growing research community working on legal preparedness, promoted the exchange of best practices across different levels of governance and fostered a broader understanding of health emergencies as a field requiring coordinated legal, institutional and policy responses.Project details
Unibo Team Leader: Giacomo Di Federico
Unibo involved Department/s:
Dipartimento di Scienze Giuridiche
Coordinator:
Scuola Superiore Di Studi Universitari E Perfezionamento Sant'Anna(Italy)
Total Unibo Contribution: Euro (EUR) 89.925,00
Project Duration in months: 24
Start Date:
28/09/2023
End Date:
28/02/2026
