Iura noscenda essent curia, not scientia: the State Council rejects the appeal of health and confirms the legitimacy of the mandatory vaccination anti-covid. First critical notes to the judgment.

Abstract

The Italian administrative Supreme Court rejected the appeal of some healthcare professionals and it confirmed the legitimacy of the anti-Covid vaccination obligation, introduced by the law decree no. 44/2021. This note tries to underline the different conclusions that could have been reached by bringing to the attention of the Court the reasonableness of the obligation itself, rather than the individual freedom of self-determination.