Protection Against Infection Through Regulatory Law

Across Europe, and particularly in Luxembourg, there was no specific legal framework to adequately address the problems of a pandemic. This applies both to the aspect of repression (containment of the virus through administrative and criminal measures) and to the aspect of prevention (tracking systems and health protection). On the one hand, the project examines the question of how the measures associated with the containment of the SARS-Cov-2 pandemic can be applied according to legal criteria and how constitutional normality can be restored. On the other hand, the post-crisis strategy raises the question of what risks to constitutional principles are (still) discernible and how these can be overcome in the long term by a normatively justified legal framework of infection control. The project is therefore designed for the long term (3 years), because it aims to cover an evolutionary arc from taking stock of the existing measures to contain the virus in various European countries, through the evaluation of possible consequences for fundamental rights, to the development of a normative legal framework for infection protection.