Teresa is currently writing her doctoral dissertation on the topic: „Judicial protection of human and fundamental rights during the COVID-19 pandemic – A comparative analysis of the jurisprudence in Germany and France as well as the case law of the European Court of Human Rights” (working title). 

The COVID-19 pandemic, caused by the spread of the SARS-CoV-2-virus, has led to severe cases of disease and millions of deaths worldwide. Although the World Health Organisation declared the public health emergency of international concern regarding the COVID-19 pandemic to be over as early as 5 May 2023, the legal process of addressing it is still ongoing – at least in Germany. 

The aim of this thesis is to examine the judicial decisions of the Federal Constitutional Court, the French Conseil constitutionnel and Conseil d’État as well as the European Court of Human Rights (ECtHR) handed down in relation to the COVID-19 pandemic. Building on this foundation, the thesis – which is situated within the field of comparative constitutional law – examines the question of how human and fundamental rights were judicially protected during the COVID-19 pandemic and what lessons can be drawn from the examined decisions. To answer this question, the first part of this thesis analyses the relevant case law under common headings that are recognised in both German and French constitutional law and in the case law of the ECtHR. The analysis focusses in particular on how the courts dealt with the European legislators’ challenge of striking a balance between the positive obligation to protect life and health of their citizens and the restriction of human and fundamental rights necessary to fulfil this positive obligation. The second part addresses which lessons can be drawn from the analysed decisions regarding the judicial requirements for executive and legislative action in crisis situations, and particularly regarding the role of courts in exceptional circumstances. The last point in particular highlights the scientific and societal relevance of the work, given that pandemics on the scale of the COVID-19 pandemic cannot be ruled out in the future.