Rule of law and balance of rights in the COVID-19 pandemic

During the pandemic crisis that has been gripping the world for several months, balancing rights has been particularly difficult, taking, in the European Union (EU) and its Member States, to the point of sacrificing fundamental liberties considered as completely acquired. In light of that -maybe not yet closed experience, the paper moves from the question of how can a democratic state, based on the rule of law, successfully assume decisions related to its citizens’ health. After giving some considerations to the rule of law in the EU order and its relationship with the guarantee of human rights, it focuses on the EU digital COVID certificate, as a tool for balancing different rights and takes then into question the so-called “green pass” introduced in Italy. At the end, following a quick overview of the choices made by other European countries, the paper reflects on which is the best way, for the public authorities, to intervene in the sphere of health decisions.