News Commentary from Europe
The document examines the case of Judge Susanna Zanda of the Court of Florence, acquitted by the Supreme Court of Cassation after a lengthy disciplinary proceeding initiated for her rulings and public statements critical of the main emergency measures adopted during the SARS-Covid-19 pandemic, such as the Green Pass and mandatory vaccinations. The analysis focuses on the tension between individual freedoms and state prerogatives, interpreting the judge's actions in light of the principle of "dutiful disobedience" towards provisions deemed to violate fundamental rights. Furthermore, the document connects the Zanda case with the case law of the ECHR (European Court of Human Rights), highlighting how the protection of magistrates' freedom of expression and the verification of the proportionality of emergency measures are pillars of the rule of law, even in times of crisis. The final acquittal is seen as a reaffirmation of judicial independence and the role of the judiciary as the ultimate guarantor of constitutional rights.