Public Health Policy between the EU and the Member States

On December 1, 2021, the President of the Commission Ursula von der Leyen stated that a debate should be opened on compulsory vaccination at EU level, given that about 1/3 of the population of the European Union, ie about 150,000,000 citizens have not been vaccinated. However, the issue of public health policy, which may include potential mandatory vaccination, falls within the competence of the Member States. The purpose of this paper is to explore the institutional framework on public health at Union level in order to clarify to what extent the Union could intervene in the field of mandatory vaccination and how could this possibly work in line with article 3 of the EU Charter of Fundamental Rights.