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What is new with mutual recognition in public law? A (post) pandemic reflextion

Publication at Faculty of Law |
2022

Abstract

During the two years of the COVID-19 pandemics, countries have introduced various forms of certificates, approving either partial or full vaccination of the bearer of such certificate against COVID-19. While such certificates were originally intended to serve primarily for domestic purposes, various regimes of recognition of these certificates by other countries have gradually emerged during the second year of pandemics.

This article understands the COVID-19 pandemics as a unique laboratory, where various regimes of recognition have emerged. It analyses major trends which arose with respect of mutual recognition of vaccination certificates.

The main research question of this article is whether any key lessons can be learned from these developments for the general theory of mutual recognition in public law. In broader terms, this article also aims to deal with major challenges that the emergence of various regimes of recognition have implied for the scholarship of public law.