the Friuli Venezia Giulia Regional Administrative Court, with the sentence 10 September 2021, n. 261, rejects the appeal brought by a female doctor - who had refused to be vaccinated - and affirms the following. “Equating vaccines to “experimental drugs” […] is the result of a forced and ideologically conditioned interpretation of European legislation, which must resolutely refuse”.
The pronunciation is notable not only for the statement that the experimentation ceased with commercialization, but because it deals with multiple topics. For example, the administrative judge - by recalling the data provided by the Istituto Superiore di Sanità (ISS) - states that vaccination prophylaxis also has preventive efficacy against the transmission of the infection and not just the symptoms.
So, the interest in preventing the disease is publicistic [informative], also in terms of limiting the impact on the national health system, regarding the occupation of intensive care units and hospitalizations. Furthermore, the "criminal shield” for the administering health workers does not pertain to the safety of vaccines; it is a provision that must be read in a symbolic key, since it is aimed at avoid defensive medicine attitudes that could hinder the vaccination campaign.
Finally, faced with the doubts of constitutional legitimacy raised by the appellant, the TAR underlines how the law imposing the vaccination obligation for healthcare personnel (art. 4 decree law 44/2021) integrates the three necessary conditions listed by the Consulta to be compatible with theart. 32 of the Constitution
TAR FRIULI VENEZIA GIULIA, JUDGMENT No. 261/2021
ISS.:
“I vaccini anti Covid non sono sperimentali”
Con il termine vaccini (o in generale farmaci) sperimentali ci si riferisce a farmaci non ancora autorizzati all’immissione in commercio. Questo non è il caso dei vaccini per Covid-19, il cui uso clinico è stato regolarmente autorizzato dall’Ema. Nel caso dei vaccini anti COVID-19 il processo di sviluppo ha subito un’accelerazione senza precedenti a livello globale, tuttavia as reported by the EMA itself on its website “a conditional authorization guarantees that the vaccine is approved meets stringent EU criteria for safety, efficacy and quality, and that it is manufactured and tested in approved and certified facilities in line with pharmaceutical standards compatible with large-scale commercialization".