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COVID-19 Bibliography

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Europe

09 June 2025 - 17:02 | Version 59 |

Europe
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Europe

Abdulai, Emmanuel Saffa, 'Constitutional Theories, International Legal Doctrines and Jurisprudential Foundation for State of Emergency' (2021) 1: Covid Special Issue(8) IALS Student Law Review 3-18
Abstract: The conceptualisation of a state of emergency has emerged in the discourse of politics, international human rights and constitutional law as the most potent threat to the full realisation and implementation of constitutional and international human rights. During the ongoing COVID-19 pandemic, state of emergency has become a tool for the violation of fundamental human rights not only in the West African region, but globally. This article seeks to examine the concept of state of emergency in international law and constitutional jurisprudence in order to understand whether recent claims of many governments declaring states of emergency can be justified. This article analyses and reviews the constitutional history of the use of state of emergency in Europe, United States and eventually three West Africa counties in Ghana, Nigeria and Sierra Leone.

Alemanno, Alberto, 'The European response to COVID-19: From regulatory emulation to regulatory coordination?' () 2(11) European Journal of Risk Regulation Special Issue - ‘Taming COVID-19 by Regulation’ 307-316
Abstract: Due to its borderless nature, COVID-19 has been a matter of common European interest since its very first detection on the continent. Yet this pandemic outbreak has largely been handled as an essentially national matter. Member States adopted their own different, uncoordinated and at times competing national responses according to their distinctive risk analysis frameworks, with little regard1 for the scientific and management advice provided by the European Union (EU), notably its dedicated legal framework for action on cross-border health threats.2 To justify such an outcome as the inevitable consequence of the EU’s limited competence in public health is a well-rehearsed yet largely inaccurate argument3 that calls for closer scrutiny. This article makes a first attempt at unpacking how such fragmented, uncoordinated but ultimately converging national responses to COVID-19 came into being under the EU legal order. To do so, it systematises the European response into separate stages. Phase 1 – the emergency – has been characterised by the adoption of national emergency risk management measures that, albeit country specific, were inspired by a common objective of pandemic suppression (ie to reduce disease transmission and thereby diminish pressure on health services) under the by now well-known “flatten the curve” imperative. Phase 2 – the lifting – is about the attempt at relaxing some of the national risk responses in a coordinated fashion to avoid creating negative spill-overs or distortions – be they sanitary and/or financial – across the EU. Lastly, this article strives to define, and possibly predict, the regulatory policy framework that might be governing the next phases of the European risk management response to this pandemic as they will emerge from a widely undefined yet inescapable dialectic between the EU and its Member States.

Aragão, Alexandra, 'Mobile Apps for the Epidemiological Surveillance of COVID-19: a European Perspective on Reliable Digital Technology' in Hondius, Ewoud et al (eds), Mobile Apps for the Epidemiological Surveillance of COVID-19: a European Perspective on Reliable Digital Technology' (Intersentia, 2020)
Abstract: The COVID-19 pandemic in 2020 posed unprecedented challenges to healthcare systems, to economic stability, to the normal way of life and social values. A challenge of such magnitude requires a proportionate response. Mobile applications that produce anonymous and aggregated mobility data to assist health authorities and other competent public authorities in their efforts to contain the spread of the virus, seem to be the answer that we were looking for. The benefits of using new communication technologies of geolocation to reach one of the most important social purposes, such as health protection, are indisputable. What is still to be discussed is the security of the production, access and use of the information produced, processed, stored, and transmitted. The Recommendation (EU) 2020/518 of the European Commission is fundamental to develop trustworthy digital technology.

Bello, Temitayo and Tolulope Adeosun, ‘Arbital Proceedings Configuration and COVID-19 Pandemic; Evaluation of Success and Shortcomings: Europe, USA and Canada’ (SSRN Scholarly Paper, 15 June 2022)
Abstract: Arbitration serves as a dispute resolution mechanism for commercial disputes. The COVID-19 pandemic seriously affected the arbitration proceedings thereby making the proceedings to be done virtually. The work is based on the relative arrangement of the arbitral proceedings and COVID-10 pandemic evaluation of the success and shortcomings using USA, Europe and Canada as case study. This article reflects on the shortcomings and successes of arbitral proceedings during and post-COVID. The article discovers that without remote and virtual proceedings, arbitration would have been wrecked by the COVID-19 pandemic if not for the usage of modern technology. Virtual proceedings were successful globally with usage of various applications of software which navigates the proceedings and brings parties togetherIt concludes that various arbitration institutions in many jurisdictions adopted very fast and efficient methods of resolving arbitration proceedings virtually. The effect of COVID-19 had led to a quicker and more efficient way of resolving arbitration, although with some shortcomings. It therefore recommends that usage of technology via virtual process and proceedings should be more solidified.

Borselli, Angelo and Ignacio Farrando, 'Corporate Law Rules in Emergency Times Across Europe' (Bocconi Legal Studies Research Paper No 3759202, 23 January 2020)
Abstract: This paper explores corporate law rules adopted in some European states amidst the COVID-19 pandemic, in order to track the major reform trends and consider how corporate law in Europe has adjusted to the emergency. The analysis focuses primarily on the U.K., Germany, France, Italy and Spain; occasionally, depending also on the relevant rules actually introduced by the states, other systems are considered as well.The paper groups the emergency measures into three main categories that include rules aimed at facilitating shareholders’ meetings and meetings of the board of directors, rules relaxing directors’ duties and liability and giving directors some leeway as companies face unprecedented challenges and uncertainties, and rules designed to support corporate liquidity.The analysis shows that while some points of similarity exist among the emergency rules considered, there are nevertheless numerous differences in their nature, scope, technicalities, and also timing. These differences emphasize a lack of coordination at the European level. The discussion also sheds light on the potential of some emergency measures to call traditional corporate law rules into question and last in what will be the new normal after the crisis.

Boschetti, Barbara and Maria Daniela Poli, 'A Comparative Study on Soft Law: Lessons from the COVID-19 Pandemic' (2021) Cambridge Yearbook of European Legal Studies 1-34
Abstract: This article aims to map how soft law tools have complemented and supported the overall regulatory strategies implemented by European countries to counter the Covid-19 crisis (the soft law atlas), to shed light on some key topics of general interest for legal theory and practice: how soft law tools interact and complement one another including on different levels (the soft law web), how soft law tools interact and complement the sources of pandemic law (the interplay between soft and hard law), and the positive and negative impacts on governance and policy-making of soft law tools during the pandemic and beyond (soft law bright and dark sides).

Bošković, Marina Matić and Svetlana Nenadić, 'Impact of COVID-19 pandemic on criminal justice systems across Europe' (2021) EU 2021 – The Future of the EU in and After the Pandemic(5) EU and Comparative Law Issues and Challenges Series (ECLIC) 263-290
Abstract: Last year the Europe and world were facing with COVID-19 outbreak that put at the risk lives of the people and capability of healthcare systems to provide their services. To prevent spread of the COVID-19 governments have imposed restrictive measures, while some of them declared state of emergency. The response to the pandemic influenced on the functioning of the criminal justice system and daily operation of courts, but also on the substantive criminal law since some states are applying criminal law to violation of restrictive measures or to criminalizing disinformation on COVID-19 outbreak. Outbreak of COVID-19 revealed new trends in criminal law like accelerated introduction of new crimes during pandemic, extremely flexible interpretation and rapid changes of criminal laws, which tend to be threat for legal stability and human rights protection. In addition, populist governments tend to use that new trend as a tool in suppression of political dissidents. COVID-19 pandemic has posed unprecedent challenges to the functioning of judiciaries. Courts and prosecution services were working with limited capacities to ensure social distancing. Some countries introduced ICT tools and fast-track procedures to organize hearings, which raised question of procedural rights and protection of rights of defendant. In the article authors assessed whether derogation of fair trial rights was in the line with standards of international human rights law and if introduction of state of emergency and restrictions were proportionate, time limited and needed and whether they changed understanding of the fundamental rights protection, especially right to a fair trial. Furthermore, authors explore whether COVID 19 changed perception of criminal law and legal certainty. Authors assessed how restrictions in the organization of judiciary work influenced on human rights protection and citizens trust in judiciary. Consequently, authors assesses whether some of introduces changes, especially use of ICT tools made permanent changes in operation of courts and understanding of access to justice. Finally, authors are assessing whether these changes tend to erode judiciaries or put into the risk access to justice in the EU members states and candidate countries or whether they jeopardized EU principle of mutual trust.

Buttigieg, Christopher P et al, ‘COVID-19 Pandemic: Lessons from the European System of Financial Supervision’ (2024) 49(4) European Law Review 339–358

Abstract: The COVID-19 pandemic has posed challenges to financial supervision and regulation at a global level. Supervisors had to quickly adopt convergence measures and align their supervisory priorities and practices. This article aims at analysing and discussing the response of financial supervisors to the COVID-19 pandemic, with a special focus on Europe. It finds that, at the backdrop of the COVID-19 pandemic, there was a high degree of supervisory convergence amongst European supervisors, particularly regarding alignment of supervisory priorities (e.g. digitalisation) and practices (e.g. supervisory flexibility). This shows that supervision is not a static phenomenon but rather something that constantly adapts to a changing environment. That being stated, given that these changes were triggered by the pandemic, they were reactive in nature. Therefore, although financial policy is not static, it can often be reactive.

Calzada, Igor, 'Europe Needs a Revolution in the Administration' (SSRN Scholarly Paper No ID 3619407, 04 January 2020)
Abstract: In the current global digital realm, localised privacy policies that protect the data and digital rights of citizens will inevitably emerge as timely in the aftermath of the social disruption caused by Covid-19. The European Union’s General Data Protection Regulation (GDPR) provides a thorough framework for organisations to adhere to, with hefty fines that can run into hundreds of thousands of euros for those who do not comply with the rules.

Castellà Andreu, Josep Maria, ‘Preserving Democracy and the Rule of Law in a Pandemic: Some Lessons from the Venice Commission’ in Josep Maria Castellà Andreu and Marco Antonio Simonelli (eds), Populism and Contemporary Democracy in Europe: Old Problems and New Challenges (Springer, 2022) 253–272
Abstract: This chapter analyses the impact the COVID-19 pandemic is having on the European legal systems, and on Spain in particular, through the prism of the studies elaborated in the context of the health crisis by the Venice Commission. These documents explicitly recognise the relevance of the current health crisis in our societies and its impact on the founding objectives of the Council of Europe: the safeguarding of democracy, human rights and the rule of law. The analysis of the criteria of the Venice Commission in relation to the application, regulation and the redistribution of powers during states of emergency is indeed a useful tool to assess the use of the exceptional powers by States during the COVID-19 pandemic. In particular, reference to these standards may be useful to identify possible abuses by populist governments.

Castro, Carmen et al, 'The Role of Law Enforcement Agencies and the Use of IT Tools for a Coordinate Response in Pandemic Crisis Management: The STAMINA project' (2021) Special Conference Edition No. 5 European Law Enforcement Research Bulletin 1-12
Abstract: Pandemic crises are disruptive events that imply a threat to the health of citizens, and also to public safety. In order to provide an adequate response, Law Enforcement Agencies (LEAs) organizations up to now had to adapt their structures, staffing conditions and competencies to the exceptional circumstances. At the same time, pandemics, such as COVID-19 that is currently a real scenario, require from LEAs to test their capabilities and thus to further identify their own gaps and get to know themselves better. The complexity of this kind of phenomena requires a coordinated and multidisciplinary response through Information Technology (IT) tools to mitigate the effects of pandemics. In this sense, our participation in the European H2020 STAMINA project: “Demonstration of intelligent decision support for pandemic crisis prediction and management within and across European borders” brings added value to our daily work as LEAs. The project implements a set of tools whose goal is twofold: improvement of management of information in all phases of the pandemic as well as improvement of response and coordination among all first responders involved in a pandemic. STAMINA attempts to achieve this through the combination of a number of IT tools ranging from Predictive models and Early Warning systems to Real-time Social Media Analytics and a Common Operational Picture (COP) platform that acts as the main interface for real-time situation assessment and coordinated responses of the involved LEAs.

Cathaoir, Katharina Ó et al, ‘Older Persons and the Right to Health in the Nordics during COVID-19’ (2021) 1(aop) European Journal of Health Law 1–28
Abstract: We reflect on the extent to which Nordic countries have safeguarded the right to health of older persons during the pandemic in 2020. All Nordic states have ratified the International Covenant on Economic, Social and Cultural Rights and thereby committed to recognising the right to health. We use the AAAQ framework developed by the Committee on Economic, Social and Cultural Rights to draw attention to aspects of the respective states’ responses. The COVID-19 pandemic has had significant impacts on the health of older persons, from the direct effects of the virus, such as illness and death, to indirect impacts, like isolation and loneliness. We find that Nordic states have at times failed to prioritise the full realisation of the core obligations of the right to health for older persons, namely, non-discrimination and provision of essential healthcare. Resource constraints cannot justify discrimination or failure to respect autonomy, integrity and human dignity.

Cave, Emma and Aisling McMahon, ‘Should States Restrict Recipient Choice amongst Relevant and Available COVID-19 Vaccines?’ (2023) 31(2) Medical Law Review 272–292
Abstract: Several COVID-19 vaccinations have been authorised worldwide. Whilst some vaccines are contraindicated for certain age groups or health conditions, there are often multiple clinically suitable authorised vaccine brands available. Few states have allowed recipients to choose amongst them, though there are multiple reasons why choice would be valued. We consider the policy justifications for state controls on recipient choice amongst COVID-19 vaccine brands, focusing on European countries and drawing on the UK context as an example. We contrast justifications for not offering choice at the height of the early pandemic crisis, and as some states seek to de-escalate their response and transition towards living with COVID-19. We argue that in the latter context public expectations of choice between available vaccine brands and platforms may rise, but that several considerations may justify continued restrictions on choice. A key factor which states should continue to take into consideration is the global nature of the pandemic. Insofar as offering recipient choice at a national level might exacerbate global inequity in vaccine distribution, states retain a normative and legal justification for restricting choice amongst available and clinically suitable vaccine brands.

Chrysogonos, Kostas and Anna Tsiftsoglou (eds), Democracy after Covid: Challenges in Europe and Beyond (Springer, 2022)
Book details, contents and pricing on publisher website
Abstract: This book, one of the first of its kind, explores the impact of the COVID-19 pandemic on modern Western democracies from a comparative constitutional law and policy perspective. Through 11 scholarly contributions, it tackles cutting-edge topics for the liberal state, such as emergency legislation, judicial scrutiny of COVID-19 measures, parliamentarism and executive decision-making during the pandemic. The book examines these topics both from a microscopic national constitutional angle, with a focus on European states, and from a macroscopic regional and comparative angle, on par with the American example. The COVID-19 pandemic is thus treated as an international state of emergency that has enabled far-reaching restrictions on essential human rights, such as freedom of movement, freedom of religion or even major political rights, while giving rise to the ‘administrative state.’ This edited volume explores each of these pressing themes in this exceptional context and evaluates different liberal states’ responses to the pandemic. Were these responses reasonable, effective and democratic? Or is the COVID-19 pandemic just the beginning of a new era of global democratic backsliding? How can liberal democracies manage similar crises in future? What lessons have we learned? The institutional knowledge gained turns out to be the key for the future of the rule of law.

Coric, Vesna and Ana Knezevic Bojovic, ‘European Court of Human Rights and COVID-19: What Are Standards for Health Emergencies?’ in New Legal Reality: Challenges and Perspectives. II (University of Latvia Press, 2022) 380–398
Abstract: The European Court of Human Rights is currently facing a challenge in dealing with numerous applications linked to the COVID-19 pandemic and the related restrictions aiming to protect human life and health, which, at the same time, limit some of the most important human rights and fundamental freedoms. Legal scholars have voiced different views as to the complexity of this task, invoking the previous case law on infectious diseases and on military emergencies to infer standards that would be transferrable to COVID-19-related cases, or the margin of appreciation of domestic authorities pertaining to health care policy as the approaches ECtHR could take in this respect. The present paper argues that the ECtHR would be well advised to resort to a more systemic integrated approach, which implies the need to consider obligations emanating from other health-related international instruments in setting the standards against which it will assess the limitations of human rights during the COVID-19 outbreak. Hence, the authors reflect on the potential contribution of the integrated approach to the proper response of the ECtHR in times of the pandemic. The review shows that both the ECtHR’s caselaw on the integrated approach, as well as its theoretical foundation leave enough room for a wide application by the ECtHR of the right to health, and likewise – soft law standards emanating from the various public health-related instruments, when adjudicating cases dealing with the alleged violations of human rights committed during the COVID-19 outbreak. Subsequently, the paper critically assesses to what extent the ECtHR has taken into account the right to health-related instruments in its previous case law on infectious diseases. This is followed by a review of the existing, albeit sparse, jurisprudence of the ECtHR in its ongoing litigations pertaining to restrictions provoked by COVID-19 pandemic, viewing them also in the context of the integrated approach. The analysis shows that ECtHR did not systemically utilize the integrated approach when addressing the right to health, even though it did seem to acknowledge its potential. The authors then go on to scrutinize the relevant health emergency standards stemming from international documents and to offer them as a specific guidance to the ECtHR regarding the scope of the right to health which will help in framing the analysis and debate about how the right to health is guaranteed in the context of COVID-19. Consequently, building on the proposed integrity approach, examined theoretical approaches, and standards on the right to health acknowledged in relevant supranational and international instruments, the authors formulate guidance on the path to be taken by the ECtHR.

Creemers, Jelle and Tatiana Kopaleishvili (eds), Religious Freedom and COVID-19: A European Perspective (Routledge, 2024)
Book summary: The impact of the COVID-19 pandemic will be a topic for academic research for years to come. This collection brings together international scholars from various disciplines to analyse the impact of the pandemic on both religious freedom and on religious community life in Europe. Divided into two parts, the first focuses on theoretical considerations, while the second explores local challenges and includes case studies from countries with different socio-political profiles. The book includes critical evaluations of public crisis management of religious communities during the pandemic, as well as critical reflections on religious freedom appeals in such crisis. In sum, the volume probes and challenges scholars and students of law, religion, politics, and sociology to go beyond the typical oppositions in considering Freedom of Religious Belief in the current secular European context. The work will be a valuable resource for academics, researchers, and policy-makers working in the areas of Law and Religion, Human Rights Law, Sociology, and Political Science.

Dennison, James, Alexander Kustov and Andrew Geddes, 'Public Attitudes to Immigration in the Aftermath of COVID-19' (SSRN Scholarly Paper No ID 3884912, 09 January 2021)
Abstract: How has the COVID-19 pandemic affected public opinion towards immigration? Long-term evidence in Europe and the United States suggests attitudes to immigration are relatively stable and, in some cases, becoming more favorable with high volatility instead in the perceived importance of the issue. However, theoretically a global pandemic could exacerbate people’s fears of outsiders or that migration may contribute to the disease. By contrast, attitudes could remain stable if their distal drivers prove to be robust enough to withstand the shock of COVID-19, which may instead highlight the disproportional importance of migrant workers. We draw from Eurobarometer data from 2014 to 2020 across 28 European countries, weekly national survey data during the outbreak from the US and individual panel data from the UK and Germany to find little systematic change in immigration preferences and no country-level correlation between the observed changes and the severity of the outbreak. Instead, the perceived importance of immigration has consistently and significantly decreased. These findings suggest that, if COVID-19 is to have an impact on attitudes to migration, it is likely to emerge via longer-term means, such as early-life socialization and value change, rather than reactions to the immediate shock of the pandemic.

‘Disease and Recovery in (COVID-Afflicted) Europe’ (2020) 57(3) Common Market Law Review 619–629
Abstract: Discusses how the EU will respond to the economic and political challenges as Member States recover after the coronavirus pandemic. Reports on public health co-operation initiatives, derogations from freedom of movement and the state aid rules, and the implications for international relations.

Dolynska, Mariіa et al, ‘Some Aspects of Legal Regulation of Remote Working Conditions in Some Countries of the European Union and in Ukraine during the Fight against the Covid-19 Pandemic’ [2024] (6) JusOnline 84-94
Abstract: The article deals with the issues of legal regulation of remote work in some countries of the European Union and in Ukraine. The main act of the European Union dedicated to remote work is the 2002 European Framework Agreement on Telework. The above European act was the beginning of the implementation process for the introduction of remote work in the field of labour law. Confidentiality and labor protection are important principles of the European Telework Agreement. Problem formulation: The issues of legal regulation of telework in connection with the latest changes in labour legislation, which are primarily related to the fight against the COVID19 pandemic, remain insufficiently studied. The purpose of the study: The aim of the article is to investigate the acts on establishing the conditions of telework in some countries of the European Union, including amendments to Ukrainian labour legislation on the legal regulation of telework, in particular, during the fight against the COVID-19 pandemic. In Ukraine, the legal regulation of remote work was introduced as a concept only in 2020. The main results of the study: The authors of the article suggest to supplement the twelfth part of Article 60-2 of the Labor Code of Ukraine with the following sentences. Based on the application of the employee (who has the right to work remotely), the owner or a person authorised by him, are obliged to conclude a written employment contract with him for the right to perform remote work, and an appropriate order is issued. The owner’s refusal is considered justified in the case when the work performed by the employee cannot be performed remotely, and if the owner and / or the employee do not have the means and resources to introduce remote work.

du Plessis, Georgia Alida and Adina Portaru, ‘Restrictions to Religious Worship during COVID-19: A Bird’s-Eye View of Court Decisions from Selected European Countries and the European Court of Human Rights’ (2022) 64(4) Journal of Church and State 641–662
Abstract: The COVID-19 pandemic has put the spotlight on the justification, basis, and scope of limitations of rights and freedoms during public health crises. As stated by Javier Martínez-Torrón, ‘COVID-19 has served to cast new light on how our legal systems face issues that are essential in our conception of the rule of law, and manifest with special clarity in moments of crisis.’ In terms of the right to freedom of religion or belief (FoRB), the pandemic has also shed light on how several European countries and their legal systems interpret this right in moments of crisis and under the rule of law. Although the economic and public health complexities raised by a pandemic are vast (and exacerbated by an initial lack of scientific knowledge), it remains that FoRB is among the rights most affected by the pandemic (together with freedom of movement and assembly). It is therefore fundamental for states to institute measures mitigating the pandemic’s consequences for the immaterial and spiritual, that is, beyond biological and economic considerations only. This article makes recommendations, based in legal analysis, as to how state authorities and other entities can best do this.

Enriques, Luca, 'Pandemic-Resistant Corporate Law: How to Help Companies Cope with Existential Threats and Extreme Uncertainty During the Covid-19 Crisis' (Law Working Paper No No 530/23020, 20 2020)
Abstract: This essay argues that, to address the Covid-19 crisis, in addition to creating a special temporary insolvency regime, relaxing provisions for companies in the

Erikson, Merle, ‘Mandatory Vaccination against COVID-19 in the Employment Relationship’ (2022) 15(2) Italian Labour Law e-Journal 37–49
Abstract: In light of the recent COVID-19 pandemic, the paper analyzes mandatory vaccination in employment relationships in European countries. The paper focuses on three subtopics: who is competent to establish the mandatory vaccination requirement, in which positions mandatory vaccination is justified, and what the employer can do if the employee refuses the mandatory vaccination. The paper concludes that since the obligation to vaccinate significantly infringes on the employee’s fundamental rights, such a requirement can preferably be imposed by the state, and it must always be purposeful, appropriate, and proportionate. Vaccination can be mandatory in areas of activity determined by the state and workplaces where the employee is constantly and unavoidably in close contact with other persons. Since COVID-19 is a new and changing disease, and vaccination does not prevent infection, refusal of vaccination cannot be the basis for terminating an employee’s employment contract.

'European Football After COVID-19' in Reade, J James; Singleton, Carl (eds), A New World Post COVID-19: Lessons for Business, the Finance Industry and Policy Makers' (Ca’ Foscari University Press, 2020)
Abstract: The European football industry has suffered an unprecedented shock from COVID-19. In this chapter, we reflect on how the sport’s administrators responded to the initial outbreaks and what lessons can be learned. We also look ahead to what football in the post-COVID-19 era could look like. We conclude that this largely depends on the decisions now facing the sport’s administrators and the powerful owners of the biggest football clubs: will they prioritise football as the inclusive and diverse game, at the heart of local communities? Or will their intrinsic financial interests dominate?

Fan, Jizeng and Yuhong Wang, 'Precautionary proportionality principle as an instrumental preventive measure from the COVID-19: Can European human rights survive in the state of public health emergency?' (2021) 1() Przegląd Europejski 117-143
Summary/Abstract: The authors believe that the C. Schmitt’s notion of unconstraint sovereignty is not flawless. Both A. Dicey’s theory of British constitutional law and the international human rights instruments have required the measures of the derogation of human rights must be given in accordance with pro portionality principle. However, these normative requirements have hardly been applied to the judicial scrutiny by the two supranational courts in Europe. Correspondingly, some European public authorities favour the more radical precautionary principle. Although this principle is more effective in suppressing the new coronavirus, it is associated with numerous side effects. Thus, the authors propose in this article an innovative concept of precautionary proportionality principle.

Fasani, Francesco and Jacopo Mazza, 'Being on the Frontline? Immigrant Workers in Europe and the Covid-19 Pandemic' (IZA Discussion Paper No 13963, 28 January 2020)
Abstract: We provide a first timely assessment of the pandemic crisis impact on the labour market prospects of immigrant workers in Europe by proposing a novel measure of their exposure to employment risk. We characterize migrants' occupations along four dimensions related to the role of workers' occupations in the response to the pandemic, the contractual protection they enjoy, the possibility of performing their job from home and the resilience of the industry in which they are employed. We show that our measure of employment risk closely predicts actual employment losses observed in European countries after the first wave of the COVID-19 pandemic. We estimate that, within industries and occupations, Extra-EU migrants and women are exposed to higher risk of unemployment than native men and that women are losing jobs at higher rates than equally exposed men. According to our estimates, more than 9 million immigrants in the EU14+UK area are exposed to a high risk of becoming unemployed due to the pandemic crisis, 1.3 million of which are facing a very high risk.

Fekete, Gábor, 'Videoconferencing hearings after the times of pandemic' (2021) EU 2021 – The Future of the EU in and After the Pandemic(5) EU and comparative law issues and challenges series (ECLIC) 468-486
Abstract: The sanitary crisis of the Covid-19 pandemic resulted in several changes in the way courts communicate, can be reached and handle cases. The so-called videoconferencing became one of the accepted ways of the hearings. This kind of videoconferencing took place on online videoconference solutions, which differ a lot from the conventional videoconference systems. After the exceptional situation, it remained a question whether the digital revolution of court proceedings had arrived or the use of videoconferencing should remain an exceptional instrument. The application of a videoconference system is the subject of the right to a fair trial, in this regard it has been contested by the European Court of Human Rights in several cases. This case law stated several expectations and reveals many aspects, which have to be applied to the online videoconference solutions. On the other hand, the wider use of legal tech instruments is the subject of the political will. The political support is crystallizing within the EU, whose right to act is limited. The interim measures which were introduced under the emergency law regimes on national level show a number of experiences on how the continuous and legally founded functioning of the justice system can be ensured, for example by the use of online video hearings. The balance between the effectivity and the legality is a crucial question. Upon the above-mentioned sources, the paper introduces the differences of the two methods of videoconferencing. It examines the legal requirements, details the experiences and shows the opportunities of the use of videoconference systems and online videoconference solutions in civil cases. The use of videoconference in civil hearings can be an instrument conforming to procedural right. The general application of videoconference, especially the online solution lowers the threshold to access the justice, accelerates the procedures, ensures social distancing, but requires both legal and technical preparedness.

Frankenberg, Günter et al, 'The End of Globalization?: Resurging Nationalism, Authoritarian Constitutionalism and Uncertain Futures of Democracy' (TLI Think! Paper No 22/2020, 07 January 2020)
Abstract: This special issue arises from a Focus Seminar on ‘‘The End of Globalization? - Resurging Nationalism, Authoritarian Constitutionalism and Uncertain Futures of Democracy” held at the Transnational Law Institute of King’s College London in 2019. Inspired by the discussions at the Focus Seminar, it brings together three eminent legal scholars, Günter Frankenberg, Jiří Přibáň and William Partlett, to address the complex challenges to democracy, the rule of law and human rights we are currently facing. An introduction by Benedikt Reinke opens the special issue.

Ghezelbash, Daniel and Nikolas Feith Tan, 'The End of the Right to Seek Asylum? COVID-19 and the Future of Refugee Protection' (Robert Schuman Centre for Advanced Studies Research Paper No RSCAS 2020/55, 20 2020)
Abstract: The COVID-19 pandemic has had a devastating impact on the institution of asylum, exacerbating longer term trends limiting the ability of asylum seekers to cross-borders to seek protection. As a result, the early months of 2020 saw an effective extinguishment of the right to seek asylum. This working paper examines how this played out in Australia, Canada, Europe and the United States. National and regional responses varied, with Australia and the United States effectively ending asylum seeking. In Europe, some states upheld the right to seek asylum by exempting asylum seekers from general border closures, while other countries used the crisis to suspend the right to seek asylum. Finally, this working paper explores strategies for restoring and protecting the right to seek asylum beyond the pandemic.

Gnes, Matteo, ‘Wars and Fights against Pandemics: The Re-Emerging Role of the State as Guarantor of Last Resort’ (2022) 34(1) European Review of Public Law_
_Abstract: The global health emergency caused by Covid-19 urged States to find new ways of protecting their citizens and regulating their lives, to cooperate with each other, to change priorities on their political agendas. Probably, the pandemic will change the course of history. The pandemic woke up the State from its ‘dormant’ status. The State is regaining an important and major role as guarantor of last resort, especially in the fields where the European Union (at this stage of European integration) does not and cannot act as such: external security, internal security and public order, safety of its citizens, State economic interests in the so-called ‘strategic’ sectors. It may be questioned if the role of the State as guarantor of last instance is unchallengeable, or if the European Union may, little by little, acquire such a role. Although this would be advisable, at this stage of European integration the State remains the guarantor of last instance, for at least three reasons: the special allegiance between the State and its citizens, the national solidarity and the possibility to use emergency powers.

Golia, Angelo et al, 'Constitutions and Contagion. European Constitutional Systems and the COVID-19 Pandemic' (Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No 2020-42, 09 January 2020)
Abstract: The COVID-19 pandemic has posed an unprecedented governance challenge, with governments resorting to very different (legal) strategies to respond to the health emergency. A rich literature is already dedicated to measures adopted in individual States. This article adds an original comparative contribution to that literature by exploring the influence of specific constitutional features on the legal response to the pandemic and how, in turn, these responses have the potential to reconfigure the institutional frameworks in place. Our analysis shows that both constitutional contexts and legal traditions significantly matter in pandemic times, in particular when it comes to the rule of law credentials of measures adopted.We focus our study on measures taken during first six months of the pandemic (the “first wave”) in four European jurisdictions with significantly different constitutional settlements; namely France, Germany, Italy, and the United Kingdom. Following a contextual approach, the comparative analysis concentrates on four macro-issues: 1) the legal bases of adopted measures; 2) the horizontal allocation of power; 3) the vertical allocation of power; and 4) the role of the judiciary, especially in terms of fundamental rights protection. Across all four analytical categories, constitutional and institutional factors – such as the respective forms of government, vertical power conflicts, presence of pre-existing emergency schemes or legal doctrines, and the structure of the judicial systems – significantly impacted the (legal) path taken in the four jurisdictions under scrutiny and, importantly, reinforced pre-existing patterns of institutional shifts or social and political tensions. In particular, the role of two institutional features generally overlooked in the literature on the matter emerged: the concrete functioning of the vertical allocation of power and the reciprocal relationships between different jursdictions within judicial systems. By these means, this article aims to broaden and enrich the analytical toolkit of the literature concerning the relationship between states of emergency and specific forms of constitutional government and State.

Gosztonyi, Gergely and Elena Lazar (eds), Media Regulation During the COVID-19 Pandemic: A Study from Central and Eastern Europe (Ethics International Press, 2023)
Link to book page on publisher website
Contents:
  • Gergely Gosztonyi, ‘Being Honest with People? The State of Freedom of Expression and Censorship in Central and Eastern Europe during the COVID-19 pandemic’ 1
  • Stefan Bogrea, ‘Fake News Laws in Pandemic Times: A Human Rights Perspective’ 16
  • Kinga Sorbian, ‘Fake News in Pandemic Times: A Human Rights Perspective’ 33
  • Kristóf Gál et al, ‘New Tendencies on Older Grounds: Expected Post-Covid Article 10 Case Law of the European Court of Human Rights’ 54
  • Zsófia Anna Horváth, ‘A Parallel Pandemic: Misinformation, Fake News and Infodemics on On-Demand Platforms during the COVID-19 pandemic’ 79
  • Achimescu Carmen et al, ‘Is it Necessary to Review Social Networks' Responsibility in the Context of the COVID-19 pandemic?’ 94
  • Iulia Golgojan-Pătrulescu, ‘Fake News about COVID-19: To Whom Do We Turn?’ 114
  • Elena Lazar, ‘Disinformation about Covid: Has the Sanction Regime in Romania been Effective?’ 123
  • Lucia Bellucci, ‘State of Exception, Media, Vagueness, and COVID-19: Looking at the Indeterminacy of Pandemic Law through the Italian and Hungarian Experiences’ 138
  • Kristina Cendic, ‘Restrictions of Sources of Information During the State of Emergency in Serbia’ 156
  • Dvorovyi Maksym, ‘Why Battle Coronavirus When There are Other Enemies Around?: How the Ukrainian Legislator Missed The Pandemic and Went To War’ 172
  • Muçollari Oriona et al, ‘Hate Speech during the COVID-19 Pandemic from an Albanian Perspective’ 192
  • Herenda Tahir et al, ‘Regulation of Audiovisual Media in Bosnia and Herzegovina – an Overview: Is the Cure Worse Than the Disease?’ 217
  • Ferenc Gergely Lendvai, ‘"Of Covid, [say] Nothing but the Truth": New Scaremongering Rules in the Hungarian Penal Code during the Pandemic’ 241
  • Moldovan Carmen, ‘Access to Information and Related Rights during COVID-19 from a Romanian Approach’ 261

Grund, Sebastian, 'The Legality of the European Central Bank's Pandemic Emergency Purchase Programme' (Delors Institute Policy Brief (March 25, 2020) No , 21 January 2020)
Abstract: The announcement of the Pandemic Emergency Purchase Programme (PEPP) by the European Central Bank on March 18, 2020 marks an unprecedented step in the European history of monetary integration. But it is a commensurate response to the global public health emergency that the COVID-19 outbreak continues to pose as well as the financial and economic shock that it triggered. The legality of the PEPP can be defended in light of both these extraordinary macroeconomic circumstances as well as the European Court of Justice's assessment of previous ECB bond purchase programmes. As this short essay shows, the Court’s Gauweiler and the Weiss decisions have defined the boundaries within which the ECB may design its monetary policy measures. And the PEPP does not transgress these boundaries. However, in order to mitigate the risk of any ex-post legal challenges, the legal act on which the PEPP is based should underscore the following principles, which are informed by the pertinent case law:1. The PEPP’s objectives are proportional because they address a malfunctioning of the smooth transmission of monetary policy signals across the currency area triggered by the sudden stop of economic activity, thereby undermining the singleness of monetary policy.2. The PEPP’s design is proportional because it entails the following safeguards: bond purchases are (i) restricted to EUR750 billion, (ii) limited to periods of malfunctioning monetary policy transmission channels, (iii) not selective, (iv) limited to securities with stringent eligibility criteria, and (v) subject to a limited loss-sharing arrangement.3. The PEPP does not breach the monetary financing prohibition because it (i) has no equivalent effect to bond purchases on the primary markets (due to the safeguards mentioned in 2.) and (ii) does not incentivize Member States pursue unsound budgetary policies.

Gyuris, Arpad, 'Private law issues in connection with the COVID-19 pandemic' (2021) 1 Fiat Iustitia 107-118
Abstract: In this paper I would like to discuss what changes and problems the Covid-19 epidemic has caused in private law, particularly in the field of contract law. The most important questions are,on one hand, how the state may have intervened in private law. There is a historical precedent forthis practice within each European legal system. On the other hand, how the contracting partiesrespond to the challenges posed by the epidemic. The third question is, for example, what solutionscan be found in Hungarian private law to solve contractual problems. In examining these issues, Iuse certain provisions of European private law, as well as review the established case law. As a result of my paper, parties to a contract can gain insight into some of the legal issues surroundingthe case and learn about possible solutions in Hungarian contract law.

Hondius, Ewoud et al (eds), 'Coronavirus and the Law in Europe' (Intersentia, 2020)
Abstract: States introduced ad hoc legislation to fight the COVID-19 pandemic that endangered the health and life of citizens. It impacted businesses, the labour market and consumers. This regulatory activity of European states and its consequences is depicted in this project through papers of renowned European scholars and practitioners.

Jentsch, Valentin, ‘Contracts and the Coronavirus Crisis: Emergency Policy Responses Between Preservation and Disruption’ in Klaus Mathis and Avishalom Tor (eds), Law and Economics of the Coronavirus Crisis (Springer, 2022) 105–122
Abstract: As of late spring 2021, three major Covid-19 waves have hit Europe. These waives were accompanied by three generations of emergency policy responses taken by national and supranational governments, consisting of containment and closure measures, economic measures, and health measures. Against this backdrop, the coronavirus crisis creates a wide variety of contract-specific problems. One key strategy to solve contract-specific problems during the coronavirus crisis is the preservation of a contract. The other key strategy to solve contract-specific problems during the coronavirus crisis is the disruption of a contract, in one way or another. Using a legal theory and law and economics approach, this article deals with the research question, whether emergency policy responses will pay off or cause even more harm in the long term. The article further aims to assess the impact of different generations of emergency policy responses on contract law in order to inform the ongoing debate in law and politics. This is important because any intervention in a functioning system increases complexity and creates a new equilibrium that may be inferior.

Jentsch, Valentin, 'On the need for codification in European contract law : adaption or termination of contractual obligations in times of pandemic' (EUI Working Paper, EUI Law No 2021/08, 21 2021)
Abstract: The sanctity of contracts, a guiding principle of contract law in civil law systems, requires that both or all contracting parties be expected to meet their contractual obligations, thereby ensuring efficacy and efficiency of private ordering. Under extraordinary circumstances, however, legal systems provide for mechanisms, which may excuse contractual performance or lead to adaption or termination of contractual obligations. Since the coronavirus pandemic, these mechanisms have clearly gained traction. Drawing on five important civil law jurisdictions (Germany, Austria, Switzerland, France, Italy), this article elaborates on adaption or termination of contractual obligations. The article aims to address the fundamental question, whether institutions on adaption or termination still serve their purpose in times of pandemic or whether and to what extent a codification of such institutions is needed in European Contract Law. A functional and comparative approach is used to unfold and analyse this timeless question from a contemporary perspective.

Jentsch, Valentin, 'On the need for unification in European contract law : excuses of contractual performance and remedies for breach of contract in times of pandemic' (EUI Working Paper, EUI Law No 2021/07, 21 2021)
Abstract: The sanctity of contracts, a guiding principle of contract law in civil law systems, requires that both or all contracting parties be expected to meet their contractual obligations, thereby ensuring efficacy and efficiency of private ordering. Under extraordinary circumstances, however, legal systems provide for mechanisms, which may excuse contractual performance or lead to adaption or termination of contractual obligations. Since the coronavirus pandemic, these mechanisms have clearly gained traction. Drawing on five important civil law jurisdictions (Germany, Austria, Switzerland, France, Italy), this article elaborates on excuses of contractual performance and remedies for breach of contract. The article aims to address the fundamental question, whether these excuses and remedies still serve their purpose in times of pandemic or whether and to what extent a uniform breach of contract action is needed in European Contract Law. A functional and comparative approach is used to unfold and analyse this timeless question from a contemporary perspective.

Jizeng, Fan; Wang, Yuhong, 'Precautionary Proportionality Principle as An Instrumental Preventive Measure from the COVID-19: Can European Human Rights Survive in the State of Public Health Emergency?' (2021) 1(21) Przegląd Europejski 117-143 (pre-print)
Abstract: The authors believe that the C. Schmitt’s notion of unconstraint sovereignty is not flawless. Both A. Dicey’s theory of British constitutional law and the international human rights instruments have required the measures of the derogation of human rights must be given in accordance with proportionality principle. However, these normative requirements have hardly been applied to the judicial scrutiny by the two supranational courts in Europe. Correspondingly, some European public authorities favour the more radical precautionary principle. Although this principle is more effective in suppressing the new coronavirus, it is associated with numerous side effects. Thus, the authors propose in this article an innovative concept of precautionary proportionality principle.

Kahn, Robert, ''My Face, My Choice?' — Mask Mandates, Bans, and Burqas in the Covid Age' (University of St Thomas (Minnesota) Legal Studies Research Paper No 2021-06, 21 2021)
Abstract: During the 2010s mask bans were on the rise. In the United States, the bans targeted environmentalists and Antifa; in Europe, country after country, offended by the burqa, banned face veils, which supposedly violated the European project of “living together.” Then came Covid-19, and mask mandates. Yet the mask and face veil bans did not go away, something that proved troublesome for both sides of the mask mandate debate. For supporters, mask bans have the potential to impede mask wearing; yet removing them goes against the ethos of state power the mandates rely on for their legitimacy. For opponents, bans run counter to the libertarianism that animates their opposition to mask mandates, yet the cry “my face, my choice” is rarely applied to those, including many burqa wearers, who voluntarily choose to don a mask as a rational response to an age of increasing mass surveillance. This essay explores the current juxtaposition of mask mandates and mask bans, while advocating for the general idea that, most of the time, people should be free to cover (or not cover) their faces.

Kamber, Krešimir and Lana Kovačić Markić, 'Administration of justice during the COVID-19 pandemic and the right to a fair trial' (2021) EU 2021 – The Future of the EU in and After the Pandemic(5) EU and comparative law issues and challenges series (ECLIC) 1049-1083
Abstract: On 11 March 2020 the World Health Organization announced the Covid-19 (coronavirus) to be a pandemic. To combat the pandemic, many countries had to adopt emergency measures and some of these measures have affected the judicial system, especially the functioning of courts. The pandemic has been characterised as far as the judiciary is concerned by complete or partial closure of court buildings for the parties and for the public. It is clear that the functioning of national judicial systems has been severely disrupted. This limited functioning of courts impacted the individuals’ right to a fair trial guaranteed, in particular, under Article 6 of the European Convention on Human Rights. The aim of this article is to examine the manner of the administration of justice during the Covid pandemic and its impact on the due process guarantees. Focus is put on the extent to which different Covid measures, in particular remote access to justice and online hearings have impacted the guarantees of the right to a fair trial and the due process guarantees in general, notably in detention cases. In this connection, the article provides a comparative overview of the functioning of the European legal systems during the pandemic. It also looks into the way in which the two European courts – the European Court of Human Rights and the Court of Justice of the European Union functioned, as well as the way in which the Croatian courts, including the Constitutional Court, organised their work during the pandemic. The article then provides an insight into the issue of online/remote hearings in the case-law of the European Court of Human Rights and in the Croatian Constitutional Court’s case-law. On the basis of this assessment, the article identifies the differences in the use of remote/online hearings between and within jurisdictions. In conclusion, the article points to some critical considerations that should be taken into account when devising the manner in which any Covid pandemic experience with the administration of justice (notably with regard to remote/online hearings) can be taken forward.

Kettemann, Matthias C and Konrad Lachmayer (eds), Pandemocracy in Europe: Power, Parliaments and People in Times of COVID-19 (Hart Publishing, 2022)
Abstract: This open access book explains why a democratic reckoning will start when European societies win the fight against COVID-19. Have democracies successfully mastered the challenges of the pandemic? How has the coronavirus impacted democratic principles, processes and values? At the heels of the worst public health crisis in living memory, this book shines a light on the sidelining of parliaments, the ruling by governmental decrees and the disenfranchisement of the people in the name of fighting COVID-19. Pandemocracy in Europe situates the dramatic impact of COVID-19, and the fight against the virus, on Europe’s democracies. Throughout its 17 contributions the book sets the theoretical stage and answers the democratic questions engaged by health emergencies. Seven national case studies – UK, Germany, Italy, Sweden, Hungary, Switzerland and France – show, each time with a pronounced focus on a particular element of democracy, how different states reacted to the pandemic. Bridging disciplines and uniting a stellar cast of scholars on democracy, rule of law and constitutionalism, the book provides contours and nuances to a year of debates in political science, international relations and law on the impact of the virus on democracies.

King, Brandon, ‘Covid and the Court: Why the Supreme Court Should Not Diffuse European Speech Restrictions into American Law’ (2024) 11 Brandeis University Law Journal 61–78
Abstract: Speech constitutes an immense power which, at its best, can lead to open dialogue that creates the opportunity to achieve positive political and social change. At its worst, the freedom to speak can precipitate hate speech and violence. Across the world, the standards governing free speech are not necessarily the same. This article aims to analyze the constructs of free speech in both Europe and the United States. To this end, this article concerns two major questions: should the United States adopt legislation to combat hate speech in line with the Digital Services Act which the European Union previously enacted; and should this be enacted via the Supreme Court’s opinion in Murthy v. Missouri, a case analyzing possible infringement of Free Speech by the federal government on social media sites. This article discusses the nature of how and which comparative law principles and jurisprudence should be diffused into judicial opinions written by U.S. judges. As well as why this issue is not one that should be handled by the courts, especially through the diffusion of European authored regulations on speech.

Klug, Heinz, 'Time for a Social Solidarity Tax?' (University of Wisconsin Legal Studies Research Paper No 1604, 17 January 2020)
Abstract: Covid-19 is transforming the world, but we do not yet know how much. Across the globe the pandemic has exposed and exacerbated social and economic problems. From medical systems to livelihoods, Covid-19 is revealing how inequality impacts death rates, job losses, education, and housing. In many societies, including the United States, it has also exposed how these gross inequalities fall along racial and ethnic lines, with devastating impacts on marginal individuals, poor and minority communities. This article looks back at the comparative historical experience of wealth taxes and capital levies in Europe and Asia to put the present calls for wealth taxes in perspective and to suggest that a Social Solidarity Tax designed with this history as a guide may be necessary to address the coming economic catastrophe.

Koroutchev, Rossen, 'The COVID-19 mobility impacts on the migration flow in south-east Europe: The situation in 2021 and before 1989' (2021) 1(7) Journal of Liberty and International Affairs 39-50
Abstract: In this paper, we analyze the current travel restrictions due to the COVID-19 pandemic imposed by the countries from South-East Europe and briefly compare them with those imposed by the Central European countries. By using official data collection of displacement tracking matrices and analyzing the porosity of the borders in this part of Europe, we research the impact of COVID-19 on human mobility and the related economic and social aspects. Discussions are presented regarding this impact on the travelers, the seasonal workers from some of the selected countries, and the immigrants from the Middle-East. A formal analysis is performed relating the current travel restrictions and the travel ban during the iron curtain. :

Kużelewska, Elżbieta and Mariusz Tomaszuk, ‘European Human Rights Dimension of the Online Access to Cultural Heritage in Times of the COVID-19 Outbreak’ (2022) 35(3) International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 1067–1079
Abstract: The 1948 Universal Declaration of Human Rights recognized that ‘everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits’. As a result, cultural rights have been understood as inseparable from human rights and require protection mechanisms within particular international (including regional) legal systems. The European continent is proud to have developed one of the most effective mechanisms of the human rights protection by establishing the Council of Europe and adopting the European Court of Human Rights. The recent outbreak of the COVID-19 reformulated many concepts of access to human rights and possibilities to enjoy freedoms. Even if access to culture (access to cultural heritage) has been available online for many years, it is the time of globally occurring lockdowns that forced people to stay home and found themselves in a situation when all of a sudden online access to culture became the only way of access to culture. The article aims to analyze the current situation in Europe by asking questions if and how online access to culture is recognized and protected under the Council of Europe’s mechanisms with special emphasis on the case-law of the European Court of Human Rights in this field.

López, Carlos Garrido, ‘The Rule of Law in Response to the Covid Emergency: A Comparative Analysis’ (2023) (66) Revista Catalana de Dret Públic 188–203
Abstract: This work presents an analysis of the measures adopted by the main democratic countries in response to the covid emergency and the compatibility problems that arose between these measures and the guarantees of the rule of law. The global and simultaneous scope of this very serious emergency facilitates comparative analysis and reveals its advantages and shortcomings. The aim of this article is to evaluate the various extra-constitutional methods that were used in response to the state of emergency and also the state of emergency model, starting from the regulation of extraordinary situations and the measures that had to adopt Finally, the analysis focuses on the contradictions that have arisen as a result of the application and non-application of the state of exception model in the response to covid in Europe.

Marchisio, Emiliano, ‘Reflections on the “Just Price” in Times of Crisis (with Reference to Coronavirus ... but Not Only)’ (2021) 17(3) European Review of Contract Law 285–314
Abstract: The debate about the ‘just price’ has ancient origin and returns forcefully to the scene when, in the event of crises of various kinds, there is a rapid and significant increase in prices of given goods or services. The main issue is whether price increases of such a nature could, or should, be considered illicit and ground the issue of sanctions against the firms increasing prices, thus focusing on a macro-systemic level of analysis. The central part of the article reviews different theories on what a ‘just price’ should be and focuses on the idea that a price is ‘just’ when it functions as an index of relative scarcity in free markets. It is claimed that such a function deserves protection by Italian and EU law. Therefore price adjustments in response to shocks cannot and should not be considered illegal: it is unacceptable to sanction private firms by attributing them the wrong of not having substituted themselves, at their own expense, for the exercise of a public function (that of making sure that price increases do not put at risk solidarity and other constitutional principles).

McQuigg, Ronagh, The European Convention on Human Rights and the COVID-19 Pandemic (Routledge, 2024)
Book summary: This book provides detailed analysis of the applicability of the provisions of the European Convention on Human Rights to issues raised by the COVID-19 pandemic. It encompasses in-depth discussion of the emerging jurisprudence of the European Court of Human Rights relating to issues arising from the pandemic. To date, a substantial number of complaints concerning such issues have been made to the Court. Human rights claims in the context of the pandemic fall into two broad categories: those based on arguments that states did not put in place sufficient measures to protect individuals from the virus and those entailing arguments that the measures put in place themselves involved breaches of rights. The essential question with which the European Court of Human Rights must grapple is how to adjudicate on the correct balance which should have been struck. The book argues that the Court should be cautious of finding breaches of the European Convention on Human Rights in cases involving public restrictions which were applied for the purpose of protecting life and health in response to a global pandemic. If the concept of a human rights violation is defined too broadly, it dilutes the seriousness of such a breach. In particular, it is argued that to preserve the legitimacy of human rights law, the Court must be cautious of applying an overly narrow margin of appreciation in such cases. The work will be of interest to academics, researchers and policymakers working in the area of human rights.

Micklitz, Hans-Wolfgang, 'The COVID-19 threat: An opportunity to rethink the European Economic Constitution and European private law' (2020) 2(11) European Journal of Risk Regulation Special Issue – ‘Taming COVID-19 by Regulation’ 249-255
Extract from Introduction: The COVID-19 threat offers legal scholars a unique opportunity to seriously think about the legal order that should govern the society we want to live in and an economy that serves the expectations of people in the post-COVID-19 world.7 The COVID-19 threat has opened a window of opportunity for transgressing boundaries, for thinking the unthinkable: a fundamental revision of the European Economic Constitution and therewith European private law.

Misic, Luka and Grega Strban, 'Functional and Systemic Impacts of COVID-19 on European Social Law and Social Policy' in Hondius, Ewoud et al (eds), Functional and Systemic Impacts of COVID-19 on European Social Law and Social Policy' (Intersentia, 2020)
Abstract: In the contribution, the authors address functional or short-term and systemic or long-term effects of the COVID-19 epidemic on European social law and social policy. They focus on the legal and factual status of mobile workers and self-employed persons, the coordination of sickness benefits in kind and cross-border provision of healthcare services in times of a health crisis, and, most notably, on the potential resurrection of the national welfare state that is going up against the further development of the European social model and European Union’s deeper social integration. Since the epidemic appears to still be in full swing and since Member States’ anti-corona measures seem to be complemented on a day-to-day basis, the authors’ deliberations are based on general assumptions regarding free movement of workers and self-employed persons, social security coordination, and the nature of the European social model, coupled with what they perceive to be key challenges posed by the COVID-19 epidemic in the field of European social law and social policy, also affecting, at least indirectly, national rules and policies.

Mooij, Annelieke A. M., 'The legality of the European Central Bank’s Pandemic Emergency Purchase Programme' (BRIDGE Network Working Paper No 5, 19 January 2020)
Abstract: The COVID-19 crisis has a big impact upon the European economy. To restore its transmission mechanisms and mitigate the financial impact the European Central Bank(ECB) introduced its Pandemic Emergency Purchase Programme (PEPP). A €750 million purchasing plan. This paper discusses the legality of these plans using the European legal framework and the recent framework generated by the German Constitutional Court (GCC). This paper claims the PEPP is legal under the European framework. The PEPP would not have been considered legal by the German Constitutional Court, though this probably changed with some of the recent developments. This paper furthermore analyzes the impact of this programme upon the mandate of the ECB. It describes the change of the role of the ECB from a cautious bank to a bank ready to fight a crisis. This role has generated tension between the core and periphery countries. These tensions result from the underlying flaw in the EMU which can only be solved by further integration or disintegration. :

Musiał-Karg, Magdalena and Izabela Kapsa (eds), Elections in Times of a Pandemic: Dilemmas and Challenges: Experiences of the European Countries (Brill, 2024)
Abstract: The COVID-19 pandemic demonstrated that unexpected and unpredictable situations can hinder the conduct of general elections around the world. The book is a comprehensive analysis of the organization of elections during the COVID-19 pandemic. In addition to the theoretical perspective, it familiarizes the public with specific electoral solutions adopted during the pandemic in selected European countries (Italy, Germany, Lithuania, Serbia, Russia, Czech Republic, Estonia, Latvia, Liechtenstein, Poland). The editors believe that this book will bring closer the specific solutions adopted in the considered countries during the COVID-19 pandemic and provide readers with a multi-faceted understanding of elections in emergency situations.

Nawrot, Oktawian, Justyna Nawrot and Valeri Vachev, ‘The Right to Healthcare during the Covid-19 Pandemic under the European Convention on Human Rights’ (2023) 27(5) The International Journal of Human Rights 789–808
Abstract: The article presents the challenges exposed by the COVID-19 pandemic from a European perspective, especially its consequences in light of the European Convention on Human Rights’ (ECHR) guarantees of the right to health. It is the first attempt to comprehensively examine these challenges for the State Parties of the ECHR. The right to health has traditionally been included in the second generation of human rights; therefore, presumably, it does not in itself give rise to any specific rights for an individual. However, the European Court on Human Rights (ECtHR) has recently been linking the right to health with specific provisions of the European Convention on Human Rights, in particular with Articles 2, 3, and 8. We analyse the Court’s relevant rulings and their possible consequences for the assessment of the actions taken by the States Parties in order to fight COVID-19, with special emphasis on possible State responsibility for violating the Convention. This can happen when the State’s actions result in different levels of health care access available to different groups of patients (patients with COVID-19 and patients with other conditions). The analysis reveals the weakness of the approach taken by ECtHR in the face of the COVID-19 pandemic.

Neisen, Martin and Hermann Schulte-Mattler, ‘The Effectiveness of IFRS 9 Transitional Provisions in Limiting the Potential Impact of COVID-19 on Banks’ (2021) 22(4) Journal of Banking Regulation 342–351
Abstract: The purpose of this paper is to assess the effectiveness of the transitional provisions for the impact of International Financial Reporting Standard 9 (IFRS 9) as a supervisory tool to strengthen a bank’s capital base. The new IFRS 9 provisions are a significant banking supervisory measure of the so-called Capital Requirements Regulation (CRR) Quick Fix to mitigate possible adverse effects of the COVID-19 pandemic on banks. With the discharge rules, the supervisor aims to strengthen the banks’ regulatory capital in order to ensure the supply of credit to households and companies at all times. Based on the published disclosure reports of 107 significant European banks at the reporting dates end 2019 and June 2020, our study analysed how many banks already apply the transition rules, whether there are geographical focusses and to what extent banks use the new CRR Quick Fix adjustments. To the best of our knowledge, this paper is the first empirical analysis of the extent to which European banks use the original IFRS 9 transitional arrangements and COVID-19 extension and what effects its use has on their common equity Tier 1 (CET1) capital. The results are of interest to regulators, bank managers and analysts alike, as they fundamentally demonstrate the effectiveness of this particular regulatory tool. :

Neri, Rocco, ‘The Pandemic Law: Lights and Shadows’ [2022] (2) Democracy and Law 130–143

Nousia, K, ‘The Covid-19 Pandemic: Contract and Insurance Law Implications’ (2020) 35(7) Journal of International Banking Law and Regulation 274–283
Abstract: The spread of COVID-19 has had a global impact, with the human toll being significant, and with the economic cost being unquantifiable. With regards to business and contractual relationships, legal liabilities owed to disruption, cancellations, or to the imposed halt of everyday life are perhaps the most notable. This article starts by examining frustration in English, US and continental contract law in relation to cases where the circumstances have changed due to unnatural events such as the ongoing COVID-19 pandemic. It then moves on to discuss the impact of Covid-19 on insurance, in particular business interruption, travel and general liability insurance. The likelihood of success of future claims, the scope of coverage, together with the meaning and interpretation of the term ‘force majeure’ and how this will relate to exclusions from insurance coverage is discussed. Valuations methods are also considered and evaluated with a view to protect the policyholder as his business interruption policy is a contract of adhesion not having left him any room to negotiate. In addition, possible interpretations to be followed by courts in future claims and liability for catastrophic risks and methods of compensation are examined and conclusions on the role of insurance in the COVID19 pandemic are drawn.

Pacces, Alessio M and Maria Weimer, 'From diversity to coordination: A European approach to COVID-19' (2020) 2(11) European Journal of Risk Regulation Special Issue - ‘Taming COVID-19 by Regulation’ 283-296
Abstract: The COVID-19 pandemic is changing the face of Europe. Member States’ divergent responses to this crisis reveal a lack of unity in the face of a humanitarian catastrophe. At best, this undermines the effectiveness of health protection within the European Union (EU). At worst, it risks breaking up the Union altogether. Divergent national responses to COVID-19 reflect different national preferences and political legitimacy, and thus cannot be completely avoided. In this article, we argue that these responses should be better coordinated. Without coordination, the price for diversity is high. Firstly, there are damaging spill-overs between Member States, which undermine key pillars of European integration such as the free movement of persons and of goods. Secondly, national policy-making is easily captured by local interest groups. Our proposal is that the EU indicates – not mandates – a European exit strategy from asymmetric containment policies of COVID-19. In particular, the EU should help Member States procure and validate tests for infection and immunity. The EU should also indicate ways in which testing could be used to create safe spaces to work, thereby restoring the free movement of persons and of goods. We see a great advantage in such EU guidance: it could improve mutual learning between Member States, which have faced different timings of the epidemic and learned different lessons. Although the local political economy has so far delayed learning and undermined cooperation, the EU can mitigate both effects and indicate the way for Europe to resurrect united from the ashes of COVID-19.

Panagopoulou, Fereniki, 'Mandatory Vaccination during the Period of a Pandemic: Legal and Ethical Considerations in Europe' (2021) 4(10) BioTech 29
Abstract: The present study explores the pressing matter of mandatory vaccination in Europe from an ethical–constitutional perspective. To start with, it considers the bases of the concerns that have been raised to date, as well as those of the documented opposition. This is followed by an analysis of the applicable European legal framework and a discussion on mandatory vaccination in the workplace, education and the leisure industry, before outlining the conclusions reached. The position taken by this paper is that as long as certain conditions are met, mandatory vaccination does not violate fundamental rights. On the contrary, provided that the principle of proportionality is satisfied, mandatory vaccination as a form of medical intervention constitutes a manifestation of the obligation on the part of the state to protect the fundamental rights to life and health.

Pavia, José Francisco and Timothy Reno, ‘Disinformation Campaigns and Fake News in Pandemic Times: What Role for Law Enforcement and Security Forces?’ [2021] (Special Conference Edition 5) European Law Enforcement Research Bulletin 301–306
Abstract: 2020 and the COVID-19 pandemic marked a turning point in peoples’ information consumption habits. In an environment of extreme enforced isolation due to the COVID-19 pandemic, people have increasingly been compelled to turn to online sources for information and guidance. Online news consumption rose considerably as quarantines began. Social media, already one of the primary venues of social activity for millions of people who could no longer meet and talk in person, naturally became a primary source for news. In this environment, misinformation and disinformation has flourished enormously. For millions, they face not only the effects of long term social isolation, but also economic anxiety as they face an uncertain future in a fast-changing economy that threatens to leave many behind. All of these factors have combined to create a “perfect storm” which is making more people vulnerable to disinformation campaigns (Courtney, 2021). These “campaigns” are a threat to our democracies and our way of life. They create social unrest, alarmism, disbelief, chaos, undermine public security and ultimately erode the global standing of liberal democracies. What roles can law enforcement agencies, governments and the European Union play in countering disinformation campaigns? Are they sufficiently aware of these menaces? Are they already tackling these challenging issues? In this paper we will endeavour to explore these issues and propose potential policy actions.

Peršak, Nina, ‘Hate Speech in Times of the COVID-19 Pandemic: The Social Costs and Legal Implications of a Health Crisis’ (2023) 16(2) Medicine, Law & Society 227–246
Abstract: In crisis times, such as the recent health crisis brought out by the COVID-19 pandemic, society responds in a myriad of pro-social as well as negative, anti-social ways. The article starts by mentioning some broader social and regulatory responses to the pandemic that provided a backdrop to the studied phenomenon. It then looks explicitly at hate speech, unpacks the three-layered dimensions of its harmful consequences, helping to grasp the magnitude of harm caused by such pandemic-fuelled prejudice-based expression, and inspects the impact of the pandemic on such expression that is largely criminalised in Europe. The article concludes with some thoughts on the implications and lessons for the future.

Piątek, Wojciech, ‘A Right to a Public Hearing in Times of Emergency: Online or Physical?’ (2023) 14(2) International Journal for Court Administration Article 6
Abstract: One of the fundamental principles of all court proceedings is the right to a public hearing. In times of emergency, due to health, safety or environmental conditions, this right may be reduced or even temporarily excluded. The aim of the paper is to answer whether possible restrictions of this right are in accordance with the European and national standards of the rule of law. The phenomenon of public hearings will be presented from the perspective of the administrative judiciary, whose obligation is to exercise control over public administration on a basis of legality. This phenomenon offers the potential for dispensing with public hearings to a greater extent than in the case of civil or criminal proceedings. In the paper, the detailed aspects and defects of online hearings will be analyzed. In the final part, the thesis on the significance of physical hearings will be defended. Especially in times that are not defined as emergencies, this type of hearing should prevail over the online version, being more natural and better in terms of providing both courts and parties to the proceedings broad possibilities to communicate.

Pila, Justine, 'Reflections on a Post-Pandemic European Patent System' (2020) European Intellectual Property Review (forthcoming)
Abstract: Against the backdrop of COVID-19, this Opinion essay proposes three ways to improve the European patent system without the need for legislative reform. Each has particular implications for drug patenting, and reflects an interpretive conception of law and legal legitimacy as requiring the application of legislation in accordance with moral values, including those expressed in constitutional instruments. If adopted, the proposals would: restrict the patentability of second medical indications and anchor assessments of inventive step more firmly to patent policy; expand assessments of the moral and public policy implications of patenting inventions and extend the disclosure duties of applicants; and adapt the FRAND licensing system to cover essential medical technologies.

Puławska, Karolina, 'Impact of the COVID-19 Pandemic on Insurance Companies in Europe: First Signals' (SSRN Scholarly Paper No ID 3708992, 10 January 2020)
Abstract: Action to prevent the spread of the Coronavirus Disease 2019 has been taken internationally. Service companies have been restricted, and a number of sports and cultural events have been postponed or canceled. As a result, the current pandemic has led to global socio-economic disruption. The current economic situation, caused by the pandemic, might significantly affect the functioning of insurance companies in Europe, as the insurance companies are in the delicate position of balancing a claims load with their capital and solvency stability. In this study, we evaluate the effects of the CoronaCrisis on the insurance companies. We use financial statements of insurance companies comprising European insurance companies during 2010-2020. The results unambiguously demonstrate that CoronaCrisis negatively affects the insurance sector’s stability. However, we do not see the effect of CoronaCrisis on the Z-Score ratio. Moreover, our estimation results demonstrate that the CoronaCrisis increase the value of receivables owed to the insurance companies. Therefore, in light of the above, European legislators should discuss how to manage probable financial problems of insurance companies. A lack of proper management would certainly endanger the customers' safety and stability of the sector. Therefore, we confirm that government interventions in European countries needed to prevent the insurance sector from collapse. :

Raganelli, Biancamaria, ‘Public Procurement in Times of Emergency: Transparency, Accountability, and Anticorruption Goals to the Test’ (SSRN Scholarly Paper No 4633944, 15 September 2023)
Abstract: In times of emergency, rules, principles, and even fundamental rights could be questioned feeding protection and reaction mechanisms. The Covid crisis that hit Europe in early 2020 followed by economic and social consequences and the Ukrainian conflict to the East later have triggered reactions in different Member States and fueled debates about the proper reactions required to deal with these exceptional circumstances and their compatibility with the internal market. Emergency issues to be faced posing new grounds to be debated and new tensions to be managed. This paper places attention on the effects of the emergency on the public procurement sector. It highlights the increased use of discretionary power by contracting authorities and some reduced level of transparency in the procedures adopted during the period and the related potential risk of corruption. Italy in managing the pandemic and dealing with the discretionary power in general is a landmark case that deserves attention. How do countries balance the need for rush and flexibility with transparency, accountability, and anticorruption goals? Which remedies are to be implemented to reduce the risk of corruption and organized crime phenomena infiltrations in the public procurement sector? It is worth investigating the possible distortive effects that the introduction of derogations aimed at speeding up may affect. The aim is not to fight the more flexibility and discretion required in public procurement procedures even in non-emergency times, but to understand the best way to manage the potential for discretion, and the consequent potential reduction in transparency.

Raganelli, Biancamaria and Pierre de Gioia Carabellese, ‘From the Pandemic to the Recovery: A Legal Analysis’ (2021) 69(2) Estudios de Deusto 185–227
Abstract: The Covid pandemic has raised various legal issues, fueling the scientific debate on the relationship between fundamental rights and freedoms in the global emergency context. Moreover, a case law has started developing within the different jurisdictions. Additionally, constitutional Courts, in different countries, have ruled over potential conflicts of interest among central powers and local ones, and even some decisa of the Court of Justice of the European Union have started ‘blossoming’ in this area. Against the backdrop of this analysis, the paper discusses the main legal problems sparked off by the declaration of the state of emergency, with a focus on the main EU jurisdictions and with glimpses of non-EU countries. The aim of this is to discuss the balance between fundamental rights and liberties in decisa in different legal systems, as well as the interpretation given to principles of proportionality of the public health measures, adequacy, precaution and loyal collaboration and the relationship between freedom and limits to public power. Bearing this in mind, the purpose of the work is to demonstrate that, first and foremost, in Europe there is room for both a formal and a substantial recognition of common rights and liberties in terms of interpretation and application of constitutional traditions, shared by the different Member States. The relevant adherence to these principles is guaranteed by the European Court of Justice. Second, the recovery after the pandemic is an open challenge. An important opportunity for Europe and its Member States is materialising, and this is to take a step forward on the bumpy path toward a European Political Union capable of strengthening a structure weakened by several earthquakes. A path and a project still plenty of pitfalls that needs to regroup around a central core increasing unification among European peoples (art. 1 TEU), which has never meant to be an alternative to national identity.

Raposo, Vera Lucia, 'Can China’s ‘standard of care’ for COVID-19 be replicated in Europe?' (2020) 7(46) Journal of Medical Ethics 451-454
Abstract: The Director-General of the WHO has suggested that China’s approach to the COVID-19 crisis could be the standard of care for global epidemics. However, as remarkable as the Chinese strategy might be, it cannot be replicated in other countries and certainly not in Europe. In Europe, there is a distribution of power between the European Union and its member states. In contrast, China’s political power is concentrated in the central government. This enables it to take immediate measures that affect the entire country, such as massive quarantines or closing borders. Moreover, the Chinese legal framework includes restrictions on privacy and other human rights that are unknown in Europe. In addition, China has the technological power to easily impose such restrictions. In most European countries, that would be science fiction. These conditions have enabled China to combat epidemics like no other country can. However, the WHO might have been overoptimistic. The Chinese standard of care for treating COVID-19 also raises problematic issues for human rights, and the real consequences of these actions remain to be seen.

Reynolds, John, 'Fortress Europe, Global Migration & the Global Pandemic' (2020) (114) American Journal of International Law Unbound 342-348
Abstract: The European Union's external border regime is a manifestation of continuing imperialism. It reinforces particular imaginaries of Europe's wealth as somehow innate (rather than plundered and extorted) and of Europeanness itself as whiteness—euphemistically packaged as a “European Way of Life” to be protected. This exposes international law's structural limitations—if not designs—as bound up with racial borders in the global context. In the wake of COVID-19 and with a climate apocalypse already underway, these realities need to be urgently ruptured and reimagined.

Rittossa, Dalida, 'The institute of vulnerability in the time of COVID-19 pandemic: All shades of the human rights spectrum' (2021) (5) EU and comparative law issues and challenges series (ECLIC) 820-852
Abstract: The vulnerability thesis is one of the most important legal concepts in contemporary legal theory. Apart from being studied by legal scholars, the notion of vulnerability has been embodied in concrete legal rules and transferred to national case law allowing courts to set its boundaries by the power of judicial interpretation. Even though it would be hard to contest Schroeder and Gefenas’s statement that it is not necessary for an academic to say what vulnerability is because common sense dictates the existence of it, recent scholarly analysis clearly shows that the concept itself has become intolerably vague and slippery. More precisely, it is not quite clear what the essence of vulnerability is and what the effects of its gradation as well as repercussions are on other constitutional institutes across the human rights spectrum. The noted vagueness poses a great concern, particularly in the time of COVID-19, the greatest social stressor that humanity has faced in recent months. The COVID-19 crisis has had untold consequences on our health, mental well-being, educational growth, and economic stability. In order for the state to bear the COVID-19 social burden and adequately protect the vulnerable, it is of the utmost importance to set clear guidance for the interpretation and implementation of the vulnerability concept. Seeking to contribute to literature on these issues, the author brings light to constitutional and criminal legal standards on vulnerability set within the current jurisprudence and doctrine. Bearing in mind the influence of the European Court of Human Rights (hereinafter, the ECtHR or the Court) on developments in human rights law, 196 judgments related to vulnerability have been retrieved from the HUDOC database using a keywords search strategy. The quantitative analysis was supplemented with more in-depth qualitative linguistic research of the Court’s reasoning in cases concerning vulnerable children, persons suffering from mental illness and victims of family violence. Although the vulnerability reasoning has considerably expended their rights within the ambit of the Convention, the analysis has shown that inconsistencies and ambiguities emerge around the formulation of the applicant’s vulnerability and its gradation with respect to positive obligations. The full creative and transformative potential of the institute of vulnerability is yet to be realized. :

Roncati, Luca and Monica Roncati, ‘COVID-19 “Green Pass”: A Lesson on the Proportionality Principle from Galicia’ (2021) 28(5) European Journal of Health Law 525–532
Abstract: Coronavirus Disease 2019 (COVID-19) is the most dramatic pandemic of the new millennium, and extraordinary measures concerning with health, law and policy are required around the world. One of these is without doubts the ‘green pass’, officially known in the European Union (EU) as EU Digital COVID Certificate (EUDCC). Initially conceived as a tool for overcomi
OBJECTIVE: The aim of the article is to stimulate discussions about the necessity to improve the legal regulations that guarantee a proper public health policy, as well as to determine the balance between the level of restrictions that may be imposed by State in order to protect both, the public interest of health and the economic development. PATIENTS AND METHODS: Materials and methods: National legislation of Ukraine, United Kingdom and France on public health and health policy, case law of these countries, including high court decisions were used for dialectical, comparative, synthetic and systemic analyses. CONCLUSION: Conclusions: As the legality of government officials’ actions principle is a fundamental constitutional principle in most European countries, states must establish such legal provisions to avoid short-term and long-term conflicts when the rights of individuals and legal entities are being restricted. At the legislative level, it is necessary to adopt transparent rules to attract private funding to the health sector. Development of the e-health and telemedicine systems could be boosted through the use of public-private partnership tools.

Sanders, Anne, 'Video-Hearings in Europe Before, During and After the COVID-19 Pandemic.' (2021) 2(12) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe's Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges.

Schenewark, Tanner, '"Barbarians at the Ticket Gate": Private Equity's Arrival in American Sports Leagues' (SSRN Scholarly Paper No ID 3825319, 13 January 2021)
Abstract: The year 2020 will stand out for many reasons in the world of American sports, but one of the most impactful developments may be also be one of the least discussed: the arrival of private equity into the United States’ major sports leagues. For decades, private equity firms have been barred from taking equity stakes of any kind—minority or majority—in most of the top-tier leagues. The few exceptions to this rule have been just that. Now, rule changes to several leagues’ bylaws allow for a new influx of private equity capital with more changes likely on the horizon. In this article, I make the case for why U.S. sports leagues should not only welcome the current inflow of private equity investment but also make additional permanent changes to league bylaws in order to encourage and expand future investment. Specifically, leagues should expand private equity investment to include opportunities for majority ownership. Welcoming private equity into American sports promises a number of broad benefits to current franchise owners and league executives: First, competition for teams’ minority ownership stakes will increase as bidding on those stakes is opened to up to the significantly larger pool of buyers represented by private equity funds. This, in turn, will lead to higher team and league valuations, benefitting current owners. Second, broadening the pool of potentials owners ensures that those allowed to buy in will be better fits with the franchises they join. Third, increased involvement with private equity funds will lead to innovation in deal structures, creating value in a historically inefficient industry. Fourth, private equity’s involvement will improve governance and structure across American sports leagues. And, lastly, opening doors widely to private equity will reduce the threat that funds interested in sports might decide to compete directly with existing organizations. There are, of course, potential downsides to increasing funds’ involvement in sports. Most probable is public backlash against fund-led ownership groups, which the public are likely to perceive as being involved solely for the money as opposed to being in it for the love of the game. (And certainly funds will be in the game with a focus on profits.) This backlash could lead to increased calls for financial disclosures from team and league stakeholders. However, for reasons this article discusses, increased disclosure as a result of public ownership and trading of franchises seems likely to be in the cards regardless of whether private equity has a seat at the table.The article is organized into three main sections. The first section begins by exploring how private equity has both interacted with and been perceived by sports leagues in the United States prior to current developments. It then details the specific ways leagues’ recent organizational changes are inviting private equity investment and how managers of private capital have sprung into action to take advantage of these relaxed regulations. The role of the COVID-19 Pandemic in hastening and necessitating these changes is also briefly explored. The second section illustrates how private equity’s much more active involvement in European sports provides specific evidence that it is a positive development for sports leagues and teams generally. Finally, in the last section I lay out how private equity developments in the European market are a basis both for predicting future changes to American sports leagues and for arguing why American leagues ought to allow for expanded participation by private equity firms.

Schotte, Tamara and Mercedes Abdalla, ‘The Impact of the COVID-19 Pandemic on the Serious and Organised Crime Landscape’ [2022] (Special Conference Edition 5) European Law Enforcement Research Bulletin 19–22
Abstract: Organised crime not only did not stop during the pandemic: on the contrary, it leveraged the situation prompted by the crisis, including the high demand for certain good, the decreased mobility across and into the EU, as well as the increased social anxiety and reliance on digital solutions during the crisis. Criminals have quickly capitalised on these changes by shifting their market focus and adapting their illicit activities to the crisis context. The supply of counterfeit goods and the threat posed by different fraud schemes, financial and cybercrime activities have remained significant throughout the crisis. The prolonged COVID-19 situation and related lockdown measures have exposed victims of crimes revolving around persons as a commodity to an even more vulnerable position. Recently, newly emerging criminal trends and modi operandi have emerged that are specific to the current phase of the pandemic that revolves around the vaccination roll-out and the wider financial developments of the crisis. In parallel, already known pandemic-themed criminal activities continued or criminal narratives further adapted to the recent developments in the pandemic and the fight against it.

Sessa, Carmelina, 'Coronavirus and Effects on the Rule of Law' (2021) 1: Covid Special Issue(8) IALS Student Law Review 47-56
Abstract: In the management of the Coronavirus Pandemic, law is called to play a synergistic role with the science to guarantee the public order and safety. In the European context Italy is to be examined, i.e. the first state in Europe to launch containment measures of the spread of the virus and to protect public health. Through a comparative approach, the purpose here is to examine the assumptions and the impact of the emergency legislation on the Italian democratic system. Evaluating within what limits fundamental human rights and freedoms’ compression can be legitimated on a national and international basis in exceptional events allow to analyse the relative reflections on the rule of law. Finally, the discussion focuses on the compatibility of using mass surveillance technologies on the International and European regulatory framework where balancing techniques and the principle of proportionality represent the core in framing the regulatory activity. Despite undoubted short-term benefits, the concern is to safeguard both the protection of personal data and health, in the face of this 'invisible enemy', considering that the link between emergency regulation and prolonged compression of rights in technological innovation requires special attention.

Shatkovskaya, Tatyana V. et al, 'Anti-Crisis Legal Regulation in the COVID-19 Conditions: The System of Restrictions or Creative Legal Impact' (2020) 4(8) International Journal of Economics & Business Administration (IJEBA) 748-761
Purpose: The purpose of this study is to scientifically and critically comprehend the experience of European countries in overcoming the COVID-19 consequences and, on its basis, to construct an optimal model of modern anti-crisis legal regulation. Design/Methodology/Approach: The authors constructed the anti-crisis legal regulation model and studied using the systematic scientific approach and the method of analysis and programming to reconstruct typical patterns of social relations, basing on knowledge about the regulation object and using legal tools and techniques. Through the methods of modeling and reconstruction the authors could develop and substantiate the anti-crisis model structure. In order to determine the national characteristics of the subject, the authors used the comparative legal method as well as statistical, system-structural and functional methods. Findings: As a result of the study, the authors made the conclusions about the essence of the crisis impact caused by the COVID-19 on the mechanism of legal regulation, about the features and principles of anti-crisis legal regulation, in particular, its subject, method, goals and tasks, and means of legal influence. The authors determined the conditionality of the anti-crisis legal regulation model by the initial legal principle underlying it, and the national legal awareness features. The authors prove that total restrictions make the population to overstep law, thereby reduce the authority of the law and trust in the legal bodies, deform legal awareness, violate existing legal relations and relationships. Practical Implications: The results of the study, based on a wide range of empirical data, are necessary for the development of state programs for the business normalization and the economy recovery, as well as for the formation of national strategies for anti-crisis legal regulation and guidelines, recommendations and clear procedures for the public emergency introduction. In particular, the authors proposed to use political and legal programming as a method of legal regulation in a crisis. Originality/Value: The novelty of the article is to develop the structure, models and features of anti-crisis legal regulation in COVID-19 pandemic conditions on the analysis and generalization of the experience of some European countries. The study proves the low effectiveness of the restrictive anti-crisis model of legal regulation in comparison with the creative legal impact both in conditions of a crisis and in overcoming its negative consequences.

Știrbulescu, Ileana Denisa, 'Obligation to wear a mask in open spaces: A violation of a person's rights and freedoms?' (2020) (19) Analele Universității Titu Maiorescu 265-276
Abstract: Summary/Abstract: Since ancient times, humanity has faced various threats and risks on the population, respectively on health, economy, but also on the manifestation and social change of citizens in a community, the latter being forced to obey certain rules and restrictions they had to abide by. The coronavirus pandemic has hit the 21st century hard, with the medical and state systems also unprepared for the humanitarian crisis.With the outbreak of this deadly virus, the wearing of a mask in both closed and open spaces was imposed as an obligation, which is why certain rights and freedoms of citizens were violated. These restrictions were imposed both in Romania and in the states of Europe, depending on the scenario in which they were, respectively the severity of the evolution of the virus. Wearing an outdoor protective mask has become an obligation imposed by several European countries, including Romania. The question arises as to whether its conduct restricts in any way the rights and freedoms of the citizen and how it is demonstrated or what this fact is based on from a legal point of view.

Toffolutti, Veronica, David Stuckler and Martin McKee, 'Is the COVID-19 pandemic turning into a European food crisis?' (2020) 4(30) European Journal of Public Health 626-627
Extract from Introduction: COVID-19 and the lockdown have placed the global economy under tremendous strain but are also increasing the threat of longer term food insecurity. Notwithstanding problems of cross-national data comparability, it is clear that food insecurity is already widespread in many high-income countries....There are two interlinked threats to food security. The first is food shortage, triggering price rises, and the second is an inequitable distribution of the food that is available.

Tongue, Zoe L, ‘Telemedical and Self-Managed Abortion: A Human Rights Imperative?’ (2022) 30(2) European Journal of Health Law 158–181
Abstract: Early into the COVID-19 pandemic, abortion rights advocates highlighted the importance of maintaining access to abortion through telemedicine. It was argued that telemedical and self-managed abortion was, in the pandemic context, a human rights imperative. This article argues that providing for telemedical and self-managed abortion remains a human rights imperative beyond the duration of the pandemic. Telemedical and self-managed abortion is safe and effective, supports the pregnant person’s preferences and reproductive autonomy, and minimises many of the physical and structural barriers faced by pregnant people in accessing abortion services. International and European human rights standards access to abortion require states to take positive measures to guarantee access to abortion, and this article argues that such measures include telemedical and self-managed abortion.

Turanjanin, Veljko and Darko Radulovic, 'Coronavirus (COVID-19) and Possibilities for Criminal Law Reaction in Europe: A Review' (2020) Supp 1(49) Iranian Journal of Public Health 4–11
Abstract: Coronavirus (COVID-19) is the newest dangerous contagious disease in the world, emerged at the end of 2019 and the beginning of 2020. World Health Organization at the daily level publishes numbers of infected patients as well as several dead people around the world and in every region particularly. However, public health and criminal law are inevitably linked. National criminal laws in Europe mainly prescribe criminal offences for transmitting a dangerous contagious disease. Numerous states have closed their borders, quarantining their nationals that entering in the state. Strangers cannot enter in European Union. However, many do not abide by the restrictions, and people who have become ill with coronavirus walking the streets and committing a criminal offence. The authors in the work, in the first place, explain the connection between public health and criminal law and then elaborate criminal jurisdictions in Europe.

Urquijo, Laura Gómez, 'The Implementation of the European Pillar of Social Rights (EPSR) in the Post-Pandemic Era' (2021) 2(21) Romanian Journal of European Affairs 85-94
Abstract: The European Pillar of Social Rights (EPSR) was to be implemented in a growth and stability period, once the financial crisis was overcome. However, an unexpected and bigger social and economic crisis has developed with the COVID-19 pandemic. The lack of employment opportunities, the precarious working conditions and the intensification of vulnerabilities predict that this crisis will be more harmful to European cohesion than its predecessor. In response to these challenges, the EU institutions have proposed extraordinary funding instruments and have transformed the former economic governance rules aiming at improving employment and growth, environment, but also of the resilience of a more inclusive and fairer society. Our research question refers to how this context can affect the implementation of the European Pillar and Social Rights. To answer this question, first, we will review the instruments provided in the EPSR for its implementation. Second, we will consider how this implementation is conditioned by the transformation of the economic governance rules from the 2008 crisis to the current crisis. Third, we will examine the Action Plan for the implementation of the European Pillar of Social Rights launched during the European Council Porto Summit.

Van Hout, Marie Claire, ‘Environmental Health Rights and Concepts of Vulnerability of Immigration Detainees in Europe Before and Beyond COVID-19’ (2023) 15(2) Journal of Human Rights Practice 621–645
Abstract: The global COVID-19 health emergency has radically changed detention spaces, by heightening state and provider obligations to provide humane conditions and protect those detained against disease and subsequent ill-health. Using a socio-legal lens, this policy and practice note focuses broadly on the balance of European immigration detention regulations, and the actual conditions and treatment of immigrant detainees, putting an emphasis on developments before and after COVID-19. The special protections afforded to detainees assessed as vulnerable is unclear in the Global Compact for Safe, Orderly and Regular Migration. While cognisant of aspects of legal positivism by outlining relevant legal provisions and extant European Court of Human Rights (ECtHR) jurisprudence where conditions of detention have violated Article 3, a socio-legal argument is presented around state obligations to protect the health of all immigration detainees; the challenges in using simplistic/categorical definitions of vulnerability; and the imperatives to broaden considerations to include health vulnerability in the context of contagion and future pandemics. By analogy extant ECtHR jurisprudence on the rights of prisoners relating to right to health and disease mitigation (human immune-deficiency, tuberculosis) may offer additional protections. Broad consideration of environmental health factors in light of threats of disease in detention spaces warrant further consideration when establishing the threshold of the severity of conditions and when assessing detainee vulnerability (not limited to age, gender or health status). A public health rights-based argument can shape effective immigration detention policy reform by enhancing protective parameters based on broad definitions of health vulnerability within immigration detention spaces.

van Zwieten, Kristin, Horst Eidenmueller and Oren Sussman, ‘Corporate Restructuring Laws Under Stress’ (2023) 24(2) European Business Organization Law Review 201–205
Abstract: The proceedings of this special issue were written at a perilous moment for governments in Europe. These governments had responded ‘decisively’ to the risk that Covid-19-related trading shutdowns would lead to mass business insolvencies. That risk was not confined to leveraged businesses: in the absence of revenue, fixed operational liabilities could also push other businesses into insolvency once cash reserves were exhausted. States moved with extraordinary speed to suspend pre-pandemic rules of insolvency law that might otherwise have required a newly distressed debtor to file for the commencement of a collective insolvency procedure, and to restrict creditors’ ability to compel the commencement of such proceedings on grounds of insolvency. The underlying economic problem—fixed liabilities (financial and/or operational) and, at least for some sectors, a sudden loss of revenue—was then treated through some combination of bail-outs (transfers from the state to private debtors) and bail-ins (state orders cutting down on the entitlements of creditors of private debtors).

Vandaele, Kurt and Agnieszka Piasna, ‘Sowing the Seeds of Unionisation? Exploring Remote Work and Work-Based Online Communities in Europe during the Covid-19 Pandemic’ in Nicola Countouris et al (eds), The Future of Remote Work (ETUI, 2023)
Abstract: Virtually all trade unions are primarily focused on the workplace for recruiting and organising members. There is little doubt that this locus will continue to be of significance for them. It is at the workplace where they have the most control over the social norm of union membership. Remote work challenges this locus since it is likely to hamper workplace-based organising and the union norm. This chapter focuses on the work-based online communities as potentially fertile ground for engaging and organising remote workers. Remote work in the pandemic context has instituted and promoted new online channels to communicate and forge communities among workers. Such channels open new potential for unions in an era of fissuring workplaces. Put differently, in a Polanyian way, remote work has probably deteriorated the connection between workers, yet it has simultaneously offered new channels or ways to connect.

Vedaschi, Arianna and Chiara Graziani, ‘COVID-19 and Emergency Powers in Western European Democracies: Trends and Issues’ in Joelle Grogan and Alice Donald (eds), Routledge Handbook of Law and the COVID-19 Pandemic (Routledge, 2022) 388
Abstract: This chapter addresses the legal reactions of several Western European democracies to COVID-19. More specifically, the authors highlight some common trends and address several issues arising from the use of emergency powers. The chapter first offers an overview of whether and how the constitutions of selected Western European countries regulate emergency, so as to attempt a categorisation of emergency powers. Secondly, the analysis considers whether (or not) these emergency models have been applied in the fight against the pandemic caused by COVID-19. In doing so, it finds out that resort to emergency powers as written in constitutions has been unusual as a response to the pandemic, since many countries have preferred alternative strategies. The conclusion points out that a sort of ‘escape’ from pre-existing emergency powers can be observed and discusses the reasons that may lie behind this choice. Furthermore, the authors provide recommendations as to changes that might be introduced once COVID-19 is over, to improve emergency frameworks and make them suitable to face global emergencies.

Viedma, Julia and Mercedes Abdalla, 'The Impact of the COVID-19 Crisis on Law Enforcement Practice' (2021) Special Conference Edition SCE 5() European Law Enforcement Research Bulletin 1-4
Abstract: The COVID-19 pandemic and its consequent crisis continues to have a significant and potentially long-lasting impact on our every day lives, on the serious and organised crime landscape in Europe and on law enforcement practice. The consequences of the crisis on law enforcement work have been strongly felt and have been manifold. Police authorities had to adapt by stepping up coordination efforts; they had to refocus their work on priority areas such maintaining public order, overseeing border control and compliance with lockdown measures. Certain crime areas that have been particularly pronounced in the crisis context have been also set as key priorities for some national law enforcement authorities.New, specific working measures had to be designed to ensure the safety and protection of law enforcement staff carrying out their duties on the ground. In parallel, law enforcement authorities had to devise contingency plans to address the reduction in the work force stemming from COVID-19 infections. The COVID-19 crisis has also prompted the reassessment of law enforcement cross-border cooperation practices and the need to identify suitable solutions for operational secure remote communication.

Vinceti, Silvio Roberto, ‘COVID-19 Compulsory Vaccination and the European Court of Human Rights’ (2021) 92(Supplement 6) Acta Biomedica Atenei Parmensis e2021472
Abstract: Between August and September 2021, the European Court of Human Rights rejected three requests for interim measures against France and Greece’s compulsory vaccination statutes against COVID-19. Due to the procedural nature of the interim measures, however, the status of vaccine mandates against SARS-CoV-2 under the European Convention of Human Rights has not been addressed. The paper argues that COVID-19 compulsory vaccination is consistent with both the text and the original understanding of Article 8 of the Convention. Moreover, considering pertinent case law on medical mandatory treatments, COVID-19 vaccine mandates should also square with the European Court of Human Right’s ‘living instrument’ doctrine. For this reason, it is expected that the European Court of Human rights will uphold COVID-19 vaccination programs. At the same time, it would be beneficial if more Council of Europe member states triggered Article 15 derogation mechanism in order to make an even stronger case for fast-track developed vaccines and contrast vaccine hesitancy.

Warna-kula-suriya, Sanjev and Christopher Anthony Sullivan, 'Can the ECB keep European ABS markets moving during the COVID-19 crisis?' (2020) 6(35) Butterworths Journal of International Banking & Financial Law 406-407
Abstract: Discusses the role of asset-backed securitisations (ABS) in the European Central Bank's (ECB) programme to help refinance EU banks and support their liquidity in the coronavirus pandemic.

Wendehorst, Christiane, 'COVID-19 Apps and Data Protection' in Hondius, Ewoud et al (eds), COVID-19 Apps and Data Protection' (Intersentia, 2020)
Abstract: In the fight against the pandemic the use of so-called COVID-19 apps has triggered a lively debate. This paper analyses different types of COVID-19 apps and their legal implications, focusing in particular on aspects of data protection law. It demonstrates why—at least with regard to proximity tracing and the most successful design so far, the DP-3T design—the public uproar is completely unfounded and irrational, rejecting a measure that is so privacy-friendly that it may not even get into the scope of the GDPR, at the price of forcing public and private parties to use much more intrusive methods of contract tracing. The paper closes by explaining why, paradoxically, it may precisely be the privacy-friendliness of the app and the voluntariness of its use that makes it rather ineffective as a means to fight the pandemic, which in turn has implications for its assessment, as remaining dangers of ‘function creep’ suddenly seem to prevail.

Wilanowska, Monika, ‘Legal Protection of Victims of Domestic Violence during the COVID19 Pandemic: Analysis of Solutions Adopted by Selected European Countries’ (1st International Conference on Multidisciplinary Industry and Academic Research 2020, 2020)
Abstract: Violence in the family is a serious social problem that occurs in every country in the world and has negative consequences not only for families but also for societies and countries as a whole. Violence in the family is above all a threat to the public security of the state. However, one should not forget that experiencing violence has a destructive impact on the life and health of victims. One of the consequences of the COVID-19 pandemic is the isolation of society. Isolation, which in the case of a victim of domestic violence often means constantly being with the perpetrator and thus constant feeling of threat, fear and uncertainty. Reports from countries in different regions of the world indicate that during the pandemic the number of victims of domestic violence has increased and their situation has become extremely difficult. Undoubtedly, this requires intensified efforts to counteract domestic violence and to implement new legislative solutions, which should aim to strengthen the protection of victims of domestic violence in this demanding time. This research analyzed the legal solutions in the field of domestic violence prevention implemented by selected European countries during the COVID -19 pandemic. The methods specific to the legal sciences were applied, namely the dogmatic method and the comparative legal method. To illustrate the analyzed problem, reports and statistics on the increase in cases of domestic violence during the pandemic were presented.

Zalar, Boštjan, ‘Public Health and Fundamental Rights Between Old and New Vulnerabilities: Is a Conciliation Possible?’ in Paola Iamiceli and Fabrizio Cafaggi (eds), COVID19 Litigation: The Role of National and International Courts in Global Health Crisis (Università degli Studi di Trento, 2024) 93 *[OPEN ACCESS BOOK]*
Chapter summary: 1. Introduction. 2. Approach of the General Court of the EU. 3. Approach of the Court of Justice of the EU. 4. Approach of the European Court of Human Rights.

Zeveleva, Olga; Nazif-Munoz, José Ignacio, 'COVID-19 and European carcerality: Do national prison policies converge when faced with a pandemic?' (2021) Punishment & Society 14624745211002011
Abstract: The article analyses an original dataset on policies adopted in 47 European countries between December 2019 and June 2020 to prevent coronavirus from spreading to prisons, applying event-history analysis. We answer two questions: 1) Do European countries adopt similar policies when tackling the COVID-19 pandemic in prisons? 2) What factors are associated with prison policy convergence or divergence? We analyze two policies we identified as common responses across prisons around the world: limitations on visitation rights for prisoners, and early releases of prisoners. We found that all states in our sample implemented bans on visits, showing policy convergence. Fewer countries (16) opted for early releases. Compared to the banning of visitation, early releases took longer to enact. We found that countries with prison overcrowding problems were quicker to release or pardon prisoners. When prisons were not overcrowded, countries with higher proportions of local nationals in their prisons were much faster to limit visits relative to prisons in which the foreign population was high. This research broadens our comparative understanding of European carcerality by moving the comparative line further East, taking into account multi-level governance of penality, and analyzing variables that emphasize the ‘society’ element of the ‘punishment and society’ nexus.

Zysset, Alain, ‘To Derogate or to Restrict? The COVID-19 Pandemic, Proportionality and the Justificatory Gap in European Human Rights Law’ (2022) 4(3) Jus Cogens 285–301
Abstract: In this paper, I offer an analytical and normative framework to re-visit the question of whether state parties should derogate from the European Convention on Human Rights (ECHR) in order to combat the COVID-19 pandemic via harsh ‘lockdown’ measures. It is three-pronged. First, I show that the predominant debate on the (non-)derogation question is informed by a textual approach to adjudication, which severely limits the analytical and evaluative horizon for addressing the issue. Most importantly, it cannot address one salient fact about the effects of lockdown measures, namely their highly disproportionate effects on vulnerable groups and minorities. Second, I argue that proportionality assessment should be the basis for determining whether state parties ought to derogate or not. This is because proportionality’s very purpose is in part to track the effects of state interferences on minorities and vulnerable groups by measuring the disproportionate burden imposed on them. It is also because proportionality assessment has very different requirements between limitation clauses built into the relevant Convention articles (e.g. Article 5, Articles 8–11) and the derogation clause (Article 15) under the ECHR. Surprisingly, while the emerging literature almost always mentions proportionality as an important component of the analysis, it does not investigate the extent to which each regime (derogation or limitation) better performs it, and why. Third, I draw from the philosophical literature on the ‘right to justification’ to clarify the egalitarian and justificatory function of proportionality. Unlike derogation, limitation clauses have a much higher and systematic requirement of justification, which makes the case for non-derogation clearer and stronger.

Balkans

Delev, Jordan and Milena Najdova, ‘Legal Aspects of the Manners of Holding Shareholders’ Assemblies in the Conditions of COVID-19 Pandemic’ (2021) 18 Balkan Social Science Review 49–67
Abstract: The functioning of the world social and economic order in the 21st century has faced many challenges, but the global Covid-19 pandemic has caused unpredictable tendencies that require immediate, effective and adequate reactions that will respond seriously to the new situation. No society, including Macedonia, has remained immune to the consequences caused by this pandemic, penetrating deeply into all segments of society. The Covid-19 pandemic directly raised the question of the readiness of national socio-economic orders to function in digital format. The functioning of the main carriers of economic fluctuation, i.e., business entities and their capacity for digitalization, is one of the main preoccupations imposed by the pandemic. These issues are current in global and Macedonian aspects. The main purpose of this paper is, through analysis of the practice of joint stock companies listed on the Macedonian Stock Exchange and those with special reporting obligations, to identify the degree of utilization of the opportunity provided in the Law on Trade Companies for organization at shareholders’ assemblies by electronic means during the conditions of the pandemic. At the same time, the paper concentrates on the effects that the pandemic causes in the realization of the shareholder rights under the newly created conditions. In addition to analyzing the current situation, the paper provides guidance for improving the provisions for the organization of shareholders’ assemblies by electronic means and the exercise of shareholders’ rights. Keywords: Joint stock companies, shareholders’ assemblies by electronic means, shareholders’ rights, COVID 19 pandemic. :

Hoxhaj, Andi and Fabian Zhilla, ‘The Impact of Covid-19 Measures on the Rule of Law in the Western Balkans and the Increase of Authoritarianism’ (2021) 8(4) European Journal of Comparative Law and Governance 271–303
Abstract: Abstract This article offers a comparative analysis of the covid-19 legal measures and model of governance adopted in the Western Balkans countries (Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Serbia and Kosovo) and its impact on the state of the rule of law, and ability of parliament and civil society to scrutinise government decisions. The article assesses the governments’ approaches to introducing and enforcing covid-19 legal measures, and shows examples of how covid-19 has exposed more openly the weaknesses in the existing system of checks and balances in the Western Balkans. The article offers new insights into how covid-19 presented a new opportunity for leaders in the Western Balkans to implement further their authoritarian model of governance in undermining the rule of law. This article offers suggestions on how the EU could respond, through its accession conditionality instruments and civil society, to redirect this trend towards more state capture. :

Tzifakis, Nikolaos, ‘The Western Balkans during the Pandemic: Democracy and Rule of Law in Quarantine?’ (2020) 19(2) European View 197–205Abstract: In the Western Balkans, as elsewhere around the world, governments took extraordinary measures to effectively contain the spread of COVID-19, measures that entailed serious restrictions to individual freedoms. They also introduced extra powers that upset the ordinary division and balance of governmental power. In this context, several analysts have expressed concern that the authoritarian trend observed in the region during the last decade will become further entrenched. The worst fear, that some of the Western Balkan leaderships may retain extraordinary powers indefinitely, has not been confirmed. However, constitutionally prescribed procedures were disregarded and the operation of formal and informal mechanisms of checks and balances ignored. The article argues that the ease with which the Western Balkan leaders removed any checks and controls over their rule raises the valid question of how they may deal with future circumstances which may endanger their power.

Zalar, Boštjan, ‘Public Health and Fundamental Rights Between Old and New Vulnerabilities: Is a Conciliation Possible?’ in Paola Iamiceli and Fabrizio Cafaggi (eds), COVID19 Litigation: The Role of National and International Courts in Global Health Crisis (Università degli Studi di Trento, 2024) 93 [OPEN ACCESS BOOK]

Chapter summary: 1. Introduction. 2. Approach of the General Court of the EU. 3. Approach of the Court of Justice of the EU. 4. Approach of the European Court of Human Rights.

Albania

Andon, Kune, ‘On Legislation and Practices Related to Flexible Work in Albania’ (2022) 56(3) Revue Européenne du Droit Social 28–34
Abstract: Labor Code, approved by law no. 7961/1995, is the basic legal act that regulates labor relations in the Republic of Albania. It is drafted based on the generally accepted norms of international law and respects all international conventions ratified by the Republic of Albania. The Labor Code is a legal act that continuously reflects the changes due to the globalization process, ILO requirements and recommendations, dynamics in labor relations and labor market needs. Amendments made to the Labor Code by law no. 136/2015 have created the necessary legislative ground for flexible working arrangements. These amendments define the rules for drafting the home employment contract, named Telework. Through them, the Albanian legislation stipulates that working conditions for employees working at home can not be less favorable, compared to other employees who perform the same or comparable work. For these employees, the employer must take measures to facilitate the telework, by making available, installing and maintaining the necessary computer equipment to perform it, except when the employee, who performs the telework, uses personal equipment. The employer is obliged to prevent the isolation of the employees, creating conditions for them to meet with other employees. For the telework contract,the Albanian Labor Code does not require the application of the provisions governing the weekly working and rest time, overtime hours, work on public holidays and night work. This contract does not provide for the treatment of the right to compensation for difficulties at work. The provision in the Labor Code which recognizes the right of the Council of Ministers to provide special rules for employees working at home, has created the legislative support ground for the continuous regulation of labor relations and the flexible labor market in Albania. This provision facilitated coping with the effects of the Covid-19 pandemic. Telework during this period affected the reduction of costs and expenses for businesses. Especially in the services sector, telework is gaining more and more ground in the Albanian labor market. Smart working and hybrid work conditioned initially by the situation created by Covid-19 are now considered as a trend that will prevail employment relations in the banking sector, call centers and services provided by IT companies.

Hajdini, Bojana and Gentjan Skara, ‘The Right to Freedom of Peaceful Assembly During the Covid-19 Pandemic in the Light of ECHR Standards’ (2022) 6 EU and Comparative Law Issues and Challenges Series (ECLIC) 267–286
Abstract: The COVID-19 crisis confronted states with the challenge of finding an immediate balance between public health measures and the principles of the rule of law. The rapid spread of the virus associated with the severe consequences on human health and life required prompt action, without the necessary scientific evidence to assess the effectiveness of the measures taken. Being faced with such a situation, numerous countries opted for drastic measures, like lock down and the restriction of some fundamental human rights and freedoms. This paper analyses the freedom of peaceful assembly during the COVID-19 pandemic in Albania, addressing the research question of whether and to what extent the response of the Albanian government to the COVID-19 pandemic was in compliance with the European Convention of Human Rights (ECHR). In this attempt, it will briefly introduce the measures taken by the Albanian government in the face of the situation and their impact. Following, it will focus on the recent decision of the Constitutional Court of Albania (D-11/21) in relation to the constitutionality of Order 633/2020 of the Ministry of Health and Social Protection which restricted the right of assembly. It will also analyze the extensively-discussed Order 633/2020 in the light of the ECHR and EU standards. The paper concludes that the measures taken by the Ministry of Health and Social Protection of Albanian lacked clarity on ratio legis and most importantly, information on how these measures would be implemented and to what extent they would restrict human rights.

Hoxhaj, Andi and Fabian Zhilla, ‘The Impact of Covid-19 Measures on the Rule of Law in the Western Balkans and the Increase of Authoritarianism’ (2021) 8(4) European Journal of Comparative Law and Governance 271–303
Abstract: This article offers a comparative analysis of the covid-19 legal measures and model of governance adopted in the Western Balkans countries (Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Serbia and Kosovo) and its impact on the state of the rule of law, and ability of parliament and civil society to scrutinise government decisions. The article assesses the governments’ approaches to introducing and enforcing covid-19 legal measures, and shows examples of how covid-19 has exposed more openly the weaknesses in the existing system of checks and balances in the Western Balkans. The article offers new insights into how covid-19 presented a new opportunity for leaders in the Western Balkans to implement further their authoritarian model of governance in undermining the rule of law. This article offers suggestions on how the EU could respond, through its accession conditionality instruments and civil society, to redirect this trend towards more state capture. :

Krasniqi, Afrim, ‘Impact on Democracy of Emergency Measures Against Covid-19: The Case of Albania’ (2021) 8(1: Covid Special Issue) IALS Student Law Review 28–38
Abstract: Whilst there is significant discussion globally on the thesis that the Coronavirus is emboldening autocrats the world over through vastly expanded emergency powers, extraordinary measures and reliance on enforcement rather than on expendable democratic subtleties, this paper focuses on the particular case of Albania to show that even though the level of illiberal thrust in this country is far from equalling that of authoritarian regimes, a host of key similarities are already there, and the substance behind those similarities is equally worrying. In Albania, the operationalisation of the pandemic has made room for the relentless advancement of the government’s political agenda, giving rise to serious doubts about the sincerity of the government-sponsored measures, their end effects and their compatibility with public interest and constitutional framework. :

Muçollari Oriona et al, ‘Hate Speech during the COVID-19 Pandemic from an Albanian Perspective’ in Gergely Gosztonyi and Elena Lazar (eds), Media Regulation During the COVID-19 Pandemic: A Study from Central and Eastern Europe (Ethics International Press, 2023) 192

Rystemaj, Jonida and Eniana Qarri, ‘The Response of the Albanian Competition Authority to the COVID-19 Crisis’ (2021) 5 EU and Comparative Law Issues and Challenges Series (ECLIC) (Special Issue: Competition Law (In Pandemic Times): Challenges and Reforms) 280–294
Abstract: The outbreak of COVID-19 pandemic was a shock for the global economy. It affected almost every country, but certainly in developing countries its impact was harder. The immediate effect was the shortage of several medical and paramedical equipment which were necessary to prevent the virus spread. This shortage was felt in Albanian markets as well and was rapidly followed by a sharp increase of prices in paramedical products. The consumers suffered the highly increased prices amongst fear that in absence of these products, their life was threatened. This behaviour of the market participants was considered suspicious by the Competition Authority which decided to initiate a preliminary investigation to find out whether this behaviour was abusive, or it normally reflected the sudden shortage and the state of emergency. The instigation of this procedure was based on several complaints reported in the media and complaints directly submitted by consumers to the Competition Authority. At the first glance, the traders were exploiting the health emergency to maximise their profits. Subsequently, the Competition Authority (CA) decided to apply some preliminary measures on the wholesale market operators. Furthermore, the CA intervened even in a case of a company in dominant position which was furnishing selected pharmacies. These interventions aimed at restoring somehow the distorted competition in paramedical and medical products. This article will try to shed light on the current market situation and on the effectiveness of the interventions of the CA. How should the Competition Authority behave to restore the distorted competition? Are the current introduced measures enough to help all market participants overcome this state of health emergency? These questions and other issues related with the peculiar situation will be addressed in the current article. The article will be organized as follows: First, a glimpse of the regulation of Albanian competition law will be given. Second, the situation under COVID-19 emergency will be elaborated taking into consideration the guidelines of Communication of the Commission on ‘Temporary Framework for assessing antitrust issues related to business cooperation in response to situations of urgency stemming from the current COVID-19 outbreak’ (2020/C 116 I/02). Lastly, the evaluation of the measures introduced by the Competition authority will be analysed and recommendations will be provided. :

Sanders, Anne, ‘Video-Hearings in Europe Before, During and After the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges.

Shtupi, Indrit and Edvana Tiri, ‘The Legal Provisions of the Work from Home and Telework in Albania’ (2023) 60(3) European Journal of Social Law / Revue Européenne du Droit Social 12-20
Abstract: The development of information technology tools has developed a new method of performing work processes: teleworking. The Covid-19 pandemic provided an opportunity for this new form to test its potential, benefits, costs and risks. The lessons learned from this massive forced testing are being used by companies and public entities to assess future challenges. Many European countries and beyond are making rapid improvements in legislation to regulate this form of employment and at the same time in the direction of encouraging an ever wider use of work from home and specifically telework. In Albania, some institutions, mainly financial, have seen the benefits of telework and are expanding the use of this practice of carrying out work processes. This phenomenon is still not accompanied by state intervention in legislation in order to regulate this new work relationship, always in the direction of facilitating and encouraging its extension to as many professions and institutions as possible, where it brings benefits.

Tafani, Ismail, ‘Immunity of the Legal Order to COVID-19 Infection: The Response of the Albanian Legal Order to the Infection’ (2021) 9(1) Global Journal of Politics and Law Research 39–56
Abstract: The scope of this article is the analysis of the situation created by the Coronavirus which has been a risk to the health of the humans and at the same time has affected the legal systems in a country. In addition, this article will try to highlight likewise in the whole World, the same way the Albanian legal system is caught eminently unprepared to respond and protect ‘the right to health’ and consequently the management of the COVID-19 pandemic. The situation of the pandemic in addition of being a great test for the human immunity, seems to have done the same for the ‘immunity” of legal systems in general and the Albanian system, on which the study will be focused mainly. Although the legal system provided for exceptional measures to respond to the situation in a subtle way in respect to fundamental rights, the Albanian government in particular and governments around the World seem to have been disoriented and have lost the thread to react in a natural way in respect to the provisions of the legal order in response to the COVID-19 and respect for individual rights of health with dignity. This disorientation of the government actions towards the response to the situation seemed to be ineffective and contagious like the virus itself. The situation of COVID-19 infection has begun to be managed through the law that regulates infections and infectious diseases, adopting various secondary regulations in accordance with this law. Thus, in Albania, the Government has made legislative interventions through the decree laws, to tighten the administrative sanctions against people who did not respect the ‘lockdown’. This legislation was followed by the proclamation of the state of emergency throughout the Albanian territory. The state of emergency is foreseen in the Albanian, obviously taking into account the proportionality of the reaction to the danger. In this context, the article intends to make a detailed analysis considering some comparative aspects, and as regards the proportionality of the measures adopted by the Albanian government. It will be highlighted moreover the principle of proportionality in the state of emergency, the inclusion of the non-compliance with government instruction towards prevention of the spread of COVID-19 as criminal offences in a state of emergency as a guaranty for the right to health.

Andorra

Sanders, Anne, ‘Video-Hearings in Europe Before, During and After the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges.

Armenia

Roudik, Peter et al, ‘Freedom of Expression during COVID-19’ (Law Library of Congress Legal Report, September 2020)
Abstract: This report, prepared by the research staff of the Law Library of Congress, surveys legal acts regulating mass media and their ability to distribute information freely during the Covid-19 pandemic. The report focuses on recently introduced amendments to national legislation aimed at establishing different control measures over the media outlets, internet resources, and journalists in 20 selected countries around the world where adoption of such laws has been identified, namely: Armenia, Azerbaijan, Bangladesh, Belarus, El Salvador, India, Kazakhstan, Kenya, Kyrgyzstan, Mauritius, Moldova, Nepal, Nicaragua, Pakistan, Russia, South Africa, Sri Lanka, Tajikistan, Ukraine, and Uzbekistan. :

Tatikyan, Sossi and Athanasia Pliakogianni, ‘The Impact of the Covid-19 Related Emergency Measures on the Democracy and Human Rights in Armenia’ (2021) 8(1: Covid Special Issue) IALS Student Law Review 66–78
Abstract: This paper analyses the adoption, enforcement and parliamentary oversight of the emergency measures in response to COVID-19, and their impact on the democracy, human rights and good governance in Armenia.

Austria

Abenheim, Donald and Carolyn Halladay, ‘Coronavirus and the Social State: Austria in the Pandemic’ in Nadav Morag (ed), Impacts of the Covid-19 Pandemic (Wiley, 2022) 359–377
Abstract: This chapter examines the chronology as well as the cause-and-effect of the evolution of the rule of law, state power, public health, and popular will in Austria. While some European Union (EU) states had enacted vaccine mandates for older residents, and other European countries required COVID-19 vaccines of health-care workers, Austria’s more-or-less universal Impfpflicht for adults represented a new milestone in the EU amid the crises of the twenty-first century. In parliament as well as in the new and old media, the most prominent objectors to the vaccine mandate hailed from the populist nationalist-right Freedom Party of Austria. Starting in 2009, Austria faced its own share of the sovereign debt misery or eurozone crisis. Despite the Sturm , Drang, and sordid scandal of the last decade or so, Austria’s Sozialstaat is neither down nor out.

Furrer, Andreas, Angelika Layr and Jerimias Wartmann, ‘COVID-19: Impossibility and Force Majeure under Swiss and Austrian Contract Laws’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: The COVID-19 pandemic and the enactment of legislation to slow the spread of the virus are affecting large parts of the economy, including contractual relationships. This paper examines the legal situation and possible remedies, according to Swiss and Austrian general contract law. Both jurisdictions allow for contractual force majeure clauses to allocate risks in connection with unforeseeable or changing circumstances. As there is no statutory definition of force majeure, the individual contracts need to be examined, and COVID-19-specific clauses for newly concluded contracts should be introduced. In the absence of a contractual agreement, the concepts of delay of performance or impossibility might be applicable for adaptation or termination of the contract. If the contractual equilibrium is severely disrupted by the changing circumstances, the doctrine of clausula rebus sic stantibus could apply. :

Herbinger, Paul Luca and Norbert Leonhardmair, ‘Domestic Abuse During the Pandemic’ [2022] (Special Conference Edition 5) European Law Enforcement Research Bulletin 69–81
Abstract: From the onset of lockdown measures in response to the COVID-19 pandemic, experts and frontline responders alike warned of the detrimental impact these measures may have on the prevalence and intensity of Domestic Abuse. Early statistics issued by police and social sector organisations did not always, however, paint a clear picture corroborating this assumption. Data collected during the early stages of the pandemic for a special report to the European Commission by the EU-IMPRODOVA project, indicated similar divergent trends in the effect of lockdown measures on Domestic Abuse. This paper explores four case studies from the IMPRODOVA report (Austria, Finland, Hungry and Portugal) and develops three hypotheses to make sense of heterogenous data on Domestic Abuse during the pandemic. After identifying possible statistical artefacts, as well as socio-legal and sector specific influences on detection and enumeration as probable causes, this paper discusses the centrality of differentiating among types of Intimate Partner Violence as the key to making sense of such heterogenous data. Pointing to the structural analogies between lockdown-settings and Coercive Controlling Violence, we argue that divergence between the stagnation or decline in police data and the universal increase of calls to the social sector, must be understood as the strengthening of perceived control by perpetrators over victims of Domestic Abuse in the short-term during lockdown. By the same logic, service uptake in the medium and long-term can be explained by a perceived loss of control by perpetrators as lockdown measures are relaxed. Finally, we argue that identifying this dynamic of risk and delayed reporting is central to the development of adequate interventions and responses by frontline responders in the ongoing pandemic.

Kecső, Gábor, Boldizsár Szentgáli-Tóth and Bettina BOR, ‘Emergency Regulations Entailing a Special Case of Norm Collision Revisiting the Constitutional Review of Special Legal Order in the Wake of the COVID-19 Pandemic’ (2024) 14(1) Juridical Tribune / Tribuna Juridica 5–26
Abstract: This contribution will interpret conflict between an emergency order and an ordinary law as a special case of norm collision and will revisit the constitutional review of such cases through this lens. First, the theoretical framework of emergencies will be taken into account, and then, based on the relevant constitutional case law of Austria, Germany, Hungary, Romania and Slovenia delivered during the recent public health emergency, a comparative analysis will investigate the most popular techniques to outline the scope of emergency regulation. Finally, based on this research, a three-step analysis will be proposed for constitutional courts to approach such issues by taking into account either the theoretical, the formal and the substantial aspects of the case. Apart from highlighting the role of constitutional review to establish the objective limits of emergency regulations, we also aim at giving additional weight on the formal and the theoretical prongs of the assessment of extraordinary state interferences, which have been consistently underestimated in our sense.

Kowatsh, Andreas and Astrid Mattes, ‘Consensus and Conflict in Times of Crisis: Religion in Austria during the COVID-19 Pandemic’ in Brian Conway et al (eds), Religion, Law, and COVID-19 in Europe: A Comparative Analysis (Helsinki University Press, 2024) 35–53 [OPEN ACCESS E-BOOK]

Abstract: Overall, religion was not an intensively discussed topic in Austria in relation to coronavirus. Governmental and religious actors collaborated throughout the COVID-19 pandemic, and Austria’s legally recognised religious communities supported governmental measures, such as lockdowns, social distancing, and the obligation to wear masks. This consensus was communicated in press conferences and regular meetings between the ministry in charge and religious representatives. Religious communities refrained from or restricted celebrating on site during lockdowns and introduced hygiene measures (e.g. disinfection of hands and artefacts, wearing masks, limiting singing, restricting numbers of participants during celebrations) for religious gatherings throughout the pandemic. Official representatives of the legally recognised religious communities also supported vaccination campaigns and several religious sites functioned as temporary vaccination stations. However, religious actors and elements were also present among anti-vaccination activists and protesters against COVID-19 measures, and they joined in with the propagation of conspiracy theories. In these protests, ultra-conservative Catholics, Evangelicals, and esotericists marched alongside followers of the radical right Identitarian movement and other extremists. Multiple instances of anti-Semitic expression were documented throughout the protests. Still, religion was not a particularly contentious issue during the pandemic. This is, as we argue, largely the result of the commitment of religious communities to self-restriction and their cooperation with state authorities, as the legal framework restricted religion much less than other spheres.

Lachmayer, Konrad, ‘Constitutional Compliance or Governmental Mismanagement? Rights Limitations in Austria from Lockdowns to Compulsory Vaccination’ in Arianna Vedaschi (ed), Governmental Policies to Fight Pandemic: The Boundaries of Legitimate Limitations on Fundamental Freedoms (Brill, 2024) 115–136 [unpublished chapter available on SSRN]
Abstract: When the COVID-19 pandemic hit Austria in March 2020, a new (and in Austrian terms unique) coalition government between the conservative New People’s Party and the Green Party had just started. The early elections in October 2019 had been triggered by a corruption scandal surrounding the previous right-wing government (Ibiza Scandal). Almost three years and a global pandemic later, the coalition is still in charge, although half of the ministers have changed, including the Chancellor, Sebastian Kurz, who was forced to resign after facing increasing political pressure due to criminal investigations, while two Health Ministers have quit during this period, overburdened by the pandemic.

Lachmayer, Konrad, ‘Legitimacy Deficits of Austrian Legal Covid-19 Measures’ (2020) 9(1) Law and Economics Yearly Review 147–161

Abstract: The Austrian Government reacted fast and successful to the Covid-19 Crisis in March 2020. The following paper analysis the legal and structural challenges of this response. As a state of emergency was not declared officially the Austrian Constitution had to be fully applied. Not only questions of legality of the governmental measures, especially the compliance with the constitutional principle of the rule of law, arose, but also a reluctance towards transparency and accountability could be observed. The paper looks out for the lacks of legitimacy in the governmental measures including emergency action as well as the economic crisis governance.

Sagmeister, Maria, ‘The Legal Regulation of Domestic Care Work in Austria. A Law and Society Approach to Covid-19 Relief Measures for Migrant Domestic Care Workers’ (2024) 150(1) Revue des Politiques Sociales et Familiales 117–133
Abstract: The Covid-19 pandemic has shed light on situations and structures that otherwise remained invisible (ILO, 2023). For the first time, fundamental problems of the Austrian care sector became apparent to the larger public. This article takes a close look at some of the challenges migrant live-in care workers in Austria faced during the pandemic, focusing on the accessibility of relief measures set by the state and the provinces. The article analyses the structural characteristics of two Covid-19 relief measures within the larger context of both the legal map of the domestic care work sector in Austria and the social formations structuring it, such as circular migration patterns, social movements involved, and the gendered nature of the private household workplace.

Sanders, Anne, ‘Video-Hearings in Europe Before, During and After the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges. :

Stegner, Clemens and Wolfgang Höller, ‘Coronavirus – Effects on the Insolvency Filing?’ [2020] Lawyer (Online Edition) 1
Abstract: The article discusses how the COVID-19 presents companies with major challenges including restricted operation, cancellations and the lack of customers that can also lead to liquidity problems in otherwise healthy companies and discusses requirements for opening insolvency proceedings. It informs that in the case of corporations, insolvency law overindebtedness – are met, there is an obligation of the Austrian Insolvency Code to file an application for bankruptcy without culpable hesitation. :

Stöger, Karl, ‘Austria: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2023)

Abstract: As of 30 June 2021, there were approximately 650,000 confirmed cases of Covid-19 in Austria. Around 10,700 people died either directly as a result of the virus itself or ‘with the virus’ from a potentially different cause of death. Hospital capacities were strained between autumn 2020 and early spring 2021, which resulted in medical checks and treatments being postponed, although deaths as a result of ICU triage were successfully avoided. Nevertheless, the health care system was largely able to cope with the challenges imposed through the Covid-19 pandemic. The virus has unfolded in three waves so far which were met with full and partial lockdowns. The first (comparatively small) wave of Covid-19 cases started in early March 2020 with the first cases being registered on 25 February 2020. The first lockdown was imposed on 16 March 2020, lasting approximately one month. Relaxations of measures started on 13 April 2020, continuing throughout the summer. From September 2020, there was a resurgence in daily case numbers, resulting in new measures, with a partial lockdown from 3 November to 16 November 2020 and a second full lockdown from 17 November to 6 December 2020. After another partial lockdown, the third nationwide full lockdown lasted from 26 December 2020 to 7 February 2021. This second wave saw the largest number of daily infections. As of 8 February 2021, a partial lockdown resumed. At the end of February, exit tests were imposed in parts of western Austria due to the Beta variant first identified in South Africa. As of late March, case numbers rose sharply again (‘third wave’), mostly due to the arrival of the Alpha variant. Although political reluctance at the state level was growing against federal measures, a risk of capacity overload in ICUs in eastern Austria was narrowly averted by creating additional capacity and going into full lockdowns in Burgenland, Lower Austria, and Vienna from the 1 April 2021 until 19 of April 2021 (Burgenland) or 2 May 2021 (Lower Austria, Vienna) respectively. Due to the progress in vaccination, the situation started stabilising in May 2021. As of 19 May 2021, the ‘Covid-19 Opening Ordinance’ entered into force, bringing along wide-ranging openings of all areas of public life. From 1 July 2021 onwards, it was replaced by the ‘Second Covid-19-Opening Ordinance’ which brought still more relaxations, despite the arrival of the Delta variant.

Stothers, Christopher and Alexandra Morgan, ‘IP and the Supply of COVID-19-Related Drugs’ (2020) 15(8) Journal of Intellectual Property Law & Practice 590–593
Abstract: Considers the implications for intellectual property law of the widespread collaboration between pharmaceutical companies in developing treatments for COVID-19. Examines the mechanisms developed in the UK, the US, Austria, Germany and the Netherlands for bypassing trading rights and patent rights. :

Szilasi, Veronika, ‘Hungarian Adaptability of German and Austrian Medical Ethics Experience and Good Practices in Pandemic Response’ in Assya Pascalev and Gergely Tari (eds), Ethical Issues of the SARS-CoV-2 Outbreak in East-Central Europe and Beyond (Trivent Publishing, 2024) 279–296
Abstract: The Covid-19 pandemic has entailed dramatic consequences: there is hardly any field in global health care not affected by either the virus itself or by the wide-ranging ethical and social disputes evoked by the coronavirus situation. Prevention has been associated with significant economic sacrifice influencing people’s private lives as well, which has also considerably impacted their mental well-being in the short term. This public health emergency, together with the mandatory quarantine has often violated the right to personal liberty, as well as the right to health care. There has been a clash in the decisions concerning the protection of the community and individual health protection or prevention. Since human resources have been redeployed in health care, the establishment of some kind of patient hierarchy has become inevitable. This paper responds to particular issues that emerged in the past two years, so it does not provide a thorough analysis of the adaptation of any specific good practice. The study reviews the medical ethics aspects of some Austrian and German measures (quarantine, travel restrictions, communication, wearing face masks, potential introduction of a vaccine passport, ongoing smooth provision of primary care, treatment of risk groups, prevention, mental health prevention of health care staff, the role of telemedicine) and examines how some theoretical considerations and specific measures could be adapted effectively to the Hungarian practice. I chose these two countries because, despite significant differences in economy and social structure, there are historical links and cultural similarities that allow for adequate comparison and adaptation of good practice. In addition, Hungary considered these countries ‘model laboratories’ and closely monitored the measures they implemented for success.

Upperton, Theresa et al, ‘Lockdown by Press Conference? COVID-19 and the Rule of Law in New Zealand and Austria’ (2022) 82(3) Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 577–604
Abstract: In response to the COVID-19 pandemic, the New Zealand and Austrian governments both imposed lockdowns in early 2020.This paper compares how these two responses were effected, communicated, and challenged. In both New Zealand and Austria, government communications misrepresented the extent of the lockdown, communicating measures more stringent than those legally in place. This divide between law and communications raised concerns for the rule of law, as citizens struggled to understand their legal obligations. In New Zealand, government communications were subjected to effect-based judicial review. In Austria, where the judicial review system has a stronger focus on the form of state action, government communications were not reviewed. The paper finds that the Austrian courts could have provided a similar remedy to that in New Zealand,but only through a novel and contentious approach. Preferably, the legislator should expressly bring crisis (mis)communication into the scope of Austrian judicial review.

Zeller, Edith, ‘Judicial Review in Austria and the Role of Austrian Courts in the Covid-19-Pandemic’ in Paola Iamiceli and Fabrizio Cafaggi (eds), COVID19 Litigation: The Role of National and International Courts in Global Health Crisis (Università degli Studi di Trento, 2024) 147 *[OPEN ACCESS BOOK]*
Chapter summary: 1. Introduction. 2. Some remarks on rule of law and separation of powers in crises situations. 3. Some words on the legal structure in Austria. 3.1. The legal foundation of the health care system. 3.2. Austrian judicial review system of COVID-19 measures. 4. Specific analysis of judicial reviews on COVID-19-measures with respect to guarantees of fundamental rights. 4.1. Austrian Constitutional Court. 4.2. Jurisprudence of the Austrian Constitutional Court on COVID-19 measures. 4.2.1. On the admissibility of direct and individual complaints. 4.2.2. Some main lines of jurisprudence on COVID19 regulations. 5. Compulsory vaccination against COVID-19 disease. 6. Implications of EU law. 7. Critical assessment of Austrian judicial protection mechanisms. 8. Concluding remarks

Zetzsche, Dirk A et al, ‘The COVID-19-Crisis and Company Law: Towards Virtual Shareholder Meetings’ (University of Luxembourg Faculty of Law, Economics & Finance No WPS 2020-007, 15 April 2020)
Abstract: Legislation responding to COVID-19 allows us to examine how, and to what effect, the corporate governance framework can be amended in times of crisis. Almost all leading industrialized nations have already enacted crisis legislation in the field of company law. Here, given the difficulties or indeed the impossibility of conducting in-person meetings currently, the overall trajectory of company law reforms has been to allow for digitalization.We note five fields in which legislators have been particularly active. First, the extension of filing periods for annual and quarterly reports to reflect the practical difficulties regarding the collection of numbers and the auditing of financial statements. Second, company law requires shareholders to take decisions in meetings – and these meetings were for the most part in-person gatherings. However, since the gathering of individuals in one location is now at odds with the measures being implemented to contain the virus, legislators have generally allowed for virtual only meetings, online-only proxy voting and voting-by-mail, and granted relief to various formalities aimed at protecting shareholders (including fixed meeting and notice periods). Third, provisions requiring physical attendance of board members, including provisions on signing corporate documents, have been temporarily lifted for board matters. Fourth, parliaments have enacted changes to allow for more flexible and speedy capital measures, including the disbursement of dividends and the recapitalization of firms, having accepted that the crisis impairs a company’s equity. Fifth and finally, some countries have implemented temporary changes to insolvency law to delay companies’ petitioning for insolvency as a result of the liquidity shock prompted by the imposition of overnight lockdowns.This working paper seeks to (1) document the respective crisis legislation; (2) assist countries looking for solutions to respond rapidly and efficiently to the crisis; (3) exchange experiences of crisis measures; and (4) spur academic discussion on the extent to which the crisis legislation can function as a blueprint for general corporate governance reform. Countries considered in full or in part include Australia, Austria, Belgium, Canada, China, France, Germany, Hong Kong, India, Italy, Luxembourg, the Netherlands, Norway, Portugal, Singapore, South Korea, Spain, Switzerland, Thailand, the United Kingdom, and the United States. Readers are encouraged to highlight any inaccuracies on the part of the authors in their presentation of the respective laws, and to bring further crisis-related legislation not considered in this working draft to the attention of the authors. Moreover, readers are invited to indicate where there is room for improvement therein, and/or to signal the need for policy reform.

Azerbaijan

Jafarova, Lala A, Vugar G Mammadov and Leyli E Mammadov, ‘Azerbaijan’s Healthcare Legislation: Major Developments Amid the COVID-19 Pandemic’ (2021) 28(5) European Journal of Health Law 507–524
Abstract: Abstract Significant changes in the field of Azerbaijan’s healthcare legislation came just at the time when the coronavirus (COVID-19) pandemic broke out in the world. The end of 2019 was supposed to lay the groundwork for the introduction of the country’s long-awaited health insurance – a landmark change in terms of national healthcare transformation; although the Law ‘On health insurance’ was adopted in the 1990s, its implementation was per se frozen for many years due to various reasons. Therefore, the pandemic complicated the process even more. It also coincided with significant updates of the Law ‘On human organs and tissues donation and transplantation’, which comes into force in 2022, and legislation related to disability. Thus, this paper focuses on recent changes in healthcare legislation; analyses system of health insurance, updated transplantation and disability laws. It gives an overview of the developments that accompany the process of legislation transformation. :

Roudik, Peter et al, ‘Freedom of Expression during COVID-19’ (Law Library of Congress Legal Report, September 2020)
Abstract: This report, prepared by the research staff of the Law Library of Congress, surveys legal acts regulating mass media and their ability to distribute information freely during the Covid-19 pandemic. The report focuses on recently introduced amendments to national legislation aimed at establishing different control measures over the media outlets, internet resources, and journalists in 20 selected countries around the world where adoption of such laws has been identified, namely: Armenia, Azerbaijan, Bangladesh, Belarus, El Salvador, India, Kazakhstan, Kenya, Kyrgyzstan, Mauritius, Moldova, Nepal, Nicaragua, Pakistan, Russia, South Africa, Sri Lanka, Tajikistan, Ukraine, and Uzbekistan.

Belarus

Roudik, Peter et al, ‘Freedom of Expression during COVID-19’ (Law Library of Congress Legal Report, September 2020)
Abstract: This report, prepared by the research staff of the Law Library of Congress, surveys legal acts regulating mass media and their ability to distribute information freely during the Covid-19 pandemic. The report focuses on recently introduced amendments to national legislation aimed at establishing different control measures over the media outlets, internet resources, and journalists in 20 selected countries around the world where adoption of such laws has been identified, namely: Armenia, Azerbaijan, Bangladesh, Belarus, El Salvador, India, Kazakhstan, Kenya, Kyrgyzstan, Mauritius, Moldova, Nepal, Nicaragua, Pakistan, Russia, South Africa, Sri Lanka, Tajikistan, Ukraine, and Uzbekistan. :

Zabuha, Yuliia Yu, Tetiana O Mykhailichenko and Svitlana V Rak, ‘Legal Regulation of Epidemic Security under the COVID-19 Pandemic Conditions in Some Post-Soviet Countries and Poland’ (2020) 73(12 cz 2) Wiadomosci Lekarskie 2758–2767
The aim: To reveal the features of the epidemic safety and security legal regulation in Belarus, Kazakhstan, Moldova, Poland, Russia and Ukraine during the COVID-19 pandemic. Patients and Methods: This study is based on Belarusian, Kazakh, Moldavian, Polish, Russian and Ukrainian regulatory acts as well as national court judgments. Such methods as dialectical, comparative, analytic, synthetic, comprehensive, statistical and generalization approaches have been used in the article. Conclusion: The study confirmed that the direct impact on the spread and dynamics of morbidity during the COVID-19 pandemic in the countries to be analyzed is determined by: the presence of government agencies and special institutions involved in combating, preventing and monitoring the spread of infectious diseases and their readiness for effective measures in emergency situations caused, in particular, by epidemics; timeliness and duration of quarantine restrictions, their severity and scope; observance of these restrictions by the population; effectiveness of law enforcement responses to violations. The strengthening of administrative and/or criminal liability had no significant impact on the morbidity situation in the country.

Zinichenko, Vladyslav, ‘The COVID-19 Pandemic as Another Pretext for Information Control: Case Studies of Belarus and Ukraine’ in Jędrzej Skrzypczak and Oscar Pérez de la Fuente (eds), Lessons for Implementing Human Rights from COVID-19 (Routledge, 2024)
Abstract: The beginning of 2020 was marked by reports of ‘atypical pneumonia cases’ in Wuhan, China (World Health Organization, 2020). At that time, the issue seemed distant and unimportant to the inhabitants of Eastern Europe. However, the situation began to change on 27 February, when the first case of the disease was recorded in Belarus. It was brought to the country by a student from Iran (Ministry of Health of the Republic of Belarus, 2020). Five days later, a similar situation occurred in Ukraine. In this case, the patient returned from Italy (Ukrinform, 2020). Since the circumstances in the world only worsened, the World Health Organisation declared the coronavirus a global pandemic (World Health Organization, 2020).

Belgium

Bernaerts, Jonathan and Adriaan Overbeeke, ‘Case Law on the Freedom of Religion during the COVID-19 Crisis in Belgium’ (2022) 64(4) Journal of Church and State 663–682
Abstract: The combat against the COVID-19 pandemic in Belgium led to the adoption of several measures that impacted the freedom of religion or belief. The particular focus of this article is the collective exercise of religion in places of worship and its protection by judicial actors during the first two years of the COVID-19 crisis. This choice was prompted by the fact that the government measures taken in this context had significant consequences for this form of religious manifestation. Where necessary for a proper understanding of the policy choices made by the government, attention will be paid to the legal nature of the measures that restricted the freedom of religion or belief, but this aspect is not at the center of this article. We will consider only briefly the individual aspects of religion that were impacted, such as personal prayer in a place of worship or visits to a building of worship, and the collective worship in other venues. The measures applicable to other domains in society will also only be discussed to the extent that they were part of the discussed judgments.

Bohdan, Anna, Bartosz Maziarz and Agnieszka Dornfeld-Kmak, ‘Impact of the COVID-19 Pandemic on the Legal Migrant in Poland, Portugal, Latvia, and Belgium’ (2021) 24(1) European Research Studies Journal 522–531
Purpose: The article aims to analyze the impact of the COVID-19 pandemic about legal migrants in selected European Union countries amidst the tighter restrictions and travel constraints introduced worldwide. Design/Methodology/Approach: The article uses data and source analysis and a modeling method to demonstrate the extrapolation of migration trends. Findings: The employed methodology enabled the authors to establish that in Poland, Portugal, Latvia, and Belgium, measures were taken to respond to the COVID-19 pandemic in the context of legal migrants residing on their territories during the introduction of the movement restrictions. Practical Implications: According to the authors, the exposure of the measures against the negative impact of the COVID-19 pandemic on migrants may deepen cooperation between the country authorities concerning helping legal migrants, leading to strengthened security in this area. Originality/value: In the face of the COVID-19 pandemic and the dynamically changing health situation in the world, as well as the related lack of up-to-date sources and studies, partial scientific studies demonstrating a selected fragment of reality are critical. In the short and long term, they will enable researchers to learn about the type of actions taken by state authorities concerning migrants legally residing in their territory. :

Christians, Louis-Léon, ‘Covid-19, Law and Religion in Belgium’ in International Conference on Covid-19 Pandemic & Religious Freedom: Reports from North America and Europe, University of Portsmouth (UK), 2-3 December 2020 (2020)
Abstract: The paper introduces to some specificities of the belgian regulation of religious liberty during the COVID-19 crisis.The Belgian regime of recognised religions has had very few ‘advantages’ during the COVID-19 crisis, apart from maintaining the salaries of priests and other religious ministers. Even towards recognized religions, a lack of empathy has been shown by public authorities — even in their public speeches. Nevertheless, religious officials maintained a position of support for the government’s health measures, although legal challenges have been filed by some of the more radical devotees. :

Christians, Louis-Léon and Romain Mertens, ‘COVID-19, Law, and Religion in Belgium: When Emergency Weakens Legal and Religious Categories’ in Brian Conway et al (eds), Religion, Law, and COVID-19 in Europe: A Comparative Analysis (Helsinki University Press, 2024) 55-71 [OPEN ACCESS E-BOOK]

Abstract: What was the impact of COVID-19 on religion in Belgium? After a brief description of the Belgian context, the chapter examines the role of religious authorities in supporting state action to curb the spread of the virus. Then, the analysis highlights how public authorities initially neglected religious considerations but later shifted towards greater consideration of religious issues, in part due to case law. Several observations are drawn, including the need for a collaborative approach between religious and public authorities in such circumstances, the difficulty of creating measures that reflect the diversity of religious practices, and the importance of judicial review in defining the acceptable limits to freedom of religion. Finally, while the context of emergency induced by the COVID-19 pandemic has weakened legal and religious categories, it has also provided an opportunity to rethink the mechanisms of dialogue and cooperation between religious groups and the state to promote effective and inclusive policies.

Creemers, Jelle, ‘Freedom of Religious Assembly in Belgium: Legislation and Praxis Concerning Religious Freedom during the COVID-19 Pandemic’ in Jelle Creemers and Tatiana Kopaleishvili (eds), Religious Freedom and COVID-19 (Routledge, 2024)
Abstract: This chapter discusses religious freedom in Flanders, Belgium, with a special focus on the limitations of religious gatherings during the COVID-19 pandemic. It demonstrates a notable gap between, on the one hand, the high value assigned to the freedom and opportunity to celebrate communal religious rites in the constitution and, on the other, the political attitudes towards such religious celebrations, particularly in a time of crisis. It first explains the Belgian legal protection offered to communal religious celebration and the specifics of the Belgian religion-state relations. Second, it offers an overview of the limitations to this right during the pandemic, putting it into perspective by observing other restrictions on personal freedom of movement. Particular attention is given to newspaper articles that illustrate how religious communities and actors, policymakers, and the Council of State responded to the restrictions and to one another. Finally, a concluding discussion follows, bringing together the main lessons drawn from this exercise.

Delledonne, Giacomo, ‘Executives During the COVID-19 Pandemic: Contradictory Trends’ in Kostas Chrysogonos and Anna Tsiftsoglou (eds), Democracy after Covid: Challenges in Europe and Beyond (Springer, 2022) 47–59
Abstract: This chapter focuses on how the executives have adapted to the pandemic challenge since March 2020. To do so, it develops a comparative analysis of the role of the executives in facing the COVID-19 pandemic in three selected European jurisdictions, namely, Belgium, Germany, and Italy. An underlying assumption in this chapter is that executives, more or less inevitably, are crucial actors in major crises; still, it remains to be seen how these very crises impact on their structure and functioning.

Dyevre, Arthur and Timothy Yu-Cheong Yeung, ‘Partisanship and Compliance with Government Measures: Evidence from Belgium During the Covid-19 Pandemic’ (SSRN Scholarly Paper No ID 3587957, 13 July 2020)
Abstract: We investigate how partisanship affects the authority of the executive branch by looking at the relationship between electoral support for the governing coalition and COVID-19 deaths across Belgian municipal districts. Applying spatial autoregressive modelling, we find that higher support for the party in the minority governing is associated with lower growth in coronavirus infections, although the cross-municipality divergence becomes less pronounced over time. These results persist after controlling for median income, population, population density, time and region fixed effects. After ruling out alternative explanation, such as a far-right effect, we suggest that public health measures, even in the context of a pandemic, may command less authority, at least initially, among opposition voters. :

Fermeglia, Matteo and Steven Van Garsse, ‘Belgian Responses to COVID-19’ (2021) 1(1–3) Legal Policy and Pandemics: The Journal of the Global Pandemic Network 95–102
Abstract: This contribution appraises the most relevant measures adopted in Belgium against the spread of the Covid-19 Pandemic. Moreover, it underscores how the complex Belgian institutional setup has hampered the adoption of prompt and effective responses to the Pandemic. To this end, in Section 1 it fleshes out the structure of the Belgian state, in particular highlighting the tangled division of competences across different levels of government. In Section 2 and 3, it analyses the measures adopted by the Federal, Regional and Local governments amidst the most severe phase of the Pandemic’s outbreak. Relevant, the unclear allocation of competences and powers among levels of government as to the adoption of Covid-19 measures led to legal and institutional conflicts. In Section 4, 5 and 6 it skims through the evolution of the emergency regulatory regime following the Covid-19 spread, the measures aimed at contact-tracing and those aimed at supporting economic activities, respectively. In Section 7, it displays the most relevant domestic case law against the adopted Covid-19 measures. Last, in Section 8 it analyses the latest developments towards a new comprehensive legal regimes to tackle the current and future massive health crisis in Belgium.

Hardyns, Wim et al, ‘Patterns of Crime During the COVID-19 Pandemic in Belgium’ in Dina Siegel, Aleksandras Dobryninas and Stefano Becucci (eds), Covid-19, Society and Crime in Europe (Springer, 2022) 239–258
Abstract: In this chapter, we describe the development of the COVID-19 pandemic and its relation with different crime patterns in Belgium. Based on crime statistics, we examined the occurrence of various crime types in 2020 and made comparisons with previous years. Additionally, we paid extra attention to the case of domestic violence during the pandemic using data from secondary sources as well as from our own empirical survey studies. We found that whereas most crime types (e.g. theft, robbery, assault) occurred less in 2020 compared to previous years, with particularly low crime rates during periods of lockdown, this pattern was not found for cybercrime (which strongly increased), drug-related offences (which fluctuated), and domestic violence. For domestic violence, police statistics show relatively similar rates in 2020 compared to previous years, but findings from our own survey studies indicate that the pandemic and the governmental measures had a severe impact on its occurrence.

Nys, Herman, ‘European Court of Justice’ (2024) 31(2) European Journal of Health Law 209–233
Abstract: This document discusses the case of Nordic Info BV v Belgische Staat, where a travel agency, Nordic Info, challenged Belgian legislation that restricted non-essential travel due to public health concerns. The European Court of Justice has referred questions to the Court of Justice to determine the interpretation of relevant directives and the justification of Belgium’s measures. The document emphasizes the importance of measures to prevent the spread of diseases, such as screening tests and quarantine requirements, while also highlighting the need for legal certainty, good administration, and the right to judicial remedy. It concludes that the specific measures should be assessed for their proportionality and effectiveness in achieving public health objectives. Additionally, the document discusses Belgium’s controls on entering and leaving the country during the COVID-19 pandemic, emphasizing the need for compliance with EU law and the Schengen Borders Code. It argues that Belgium’s control measures were justified on public health grounds and did not violate EU law.

Politi, Emanuele, Antoine Roblain and Laurent Licata, ‘Are We Really Going to Get out of COVID-19 Together? Secured Legal Status and Trust Among Refugees and Migrants’ (2023) 11(1) Journal of Social and Political Psychology 45–59
Abstract: Building up on pre-existing vulnerabilities and social exclusions, refugees and migrants are disproportionately suffering from the negative effects of the COVID-19 outbreak. Insecure legal status is an additional stressor that may accentuate social cleavages and ultimately impair their trust in host society and institutions. Based on a diverse sample of refugees and migrants in Belgium (N = 355), the present study investigates direct and indirect effects of legal status—measured as the type of residence permit held by participants—on social and political trust during the COVID-19 outbreak. Secured legal status was positively associated with social and political trust directly, and indirectly via a serial mediation composed by two cumulative stages. First, participants with a more secured legal status experienced less material difficulties to cope with the pandemic (i.e., first material stage). Second, participant who experienced less material difficulties identified more with the host society (i.e., second symbolic stage). In turn, reduced material difficulties and increased identification with the host society were both positively associated with social and political trust. Our findings advocate for securing legal status of refugees and migrants to help societies cope cohesively with the long-lasting effects of the COVID-19 outbreak.

Popelier, Patricia, ‘COVID-19 Legislation in Belgium at the Crossroads of a Political and a Health Crisis’ (2020) 8(1–2) The Theory and Practice of Legislation 131–153
Abstract: This paper discusses the corona virus crisis legislation in Belgium, against the background of a political crisis. It raises the questions how a minority government could find legitimacy to take drastic measures that impact upon fundamental rights and how the political crisis impacted the position of Parliament. This is examined from the viewpoint of input, throughput and output legitimacy, and with a comparison to the position of Parliament in Belgium during earlier crises and in the federated entities. The conclusions point to the increased importance of expert advice, an over-use of ministerial police powers, but also to a more important role for Parliament than what we could have expected under the reign of a majority government. While the political crisis did not hinder firm intervention in an initial phase, it is, however, problematic to deal with the effects of the crisis over the longer term.

Popelier, Patricia, Catherine Van de Heyning and Sébastien Van Drooghenbroeck, ‘National Report on Belgium’ in Arianna Vedaschi (ed), Governmental Policies to Fight Pandemic: The Boundaries of Legitimate Limitations on Fundamental Freedoms (Brill, 2024) 137–158
Abstract: Like any other country, Belgium has had to face the COVID-19 pandemic since March 2020. However, it does not have the possibility of implementing a state of emergency. It is therefore the ‘common constitutional law’ and its tools that have been mobilized, both in terms of the limitations on rights and freedoms – which have been particularly massive and have been the subject of numerous legal challenges – and in terms of the distribution of interventions between the different authorities (federal, federated and decentralized). We have observed in practice an increase of federal powers vis-à-vis the federated entities, and of executive power vis-à-vis the Parliament. A lot has been written on all these subjects: what we offer here is a synthesis.

Praet, Patrick, ‘Reflections on the COVID-19 Restrictions in Belgium and the Rule of Law’ (2021) 30 Juridica International 194–207
Abstract: The paper examines the legality and legitimacy of Belgium’s COVID-19-related restrictions in light of national and international guidelines. Its discussion proceeds from the most vital characteristic of any law-based state: the government being subject to standards of substantive and procedural legality, even during a pandemic. After this, the effect of the crisis on the Belgian Rechtsstaat is examined, with special emphasis on the functioning of the separation of powers and on the unprecedented predominance of the executive power, alongside the legal basis for the latter’s actions. The author concludes that the Belgian measures against the virus’s spread have failed to meet the cumulative requirements of the rule-of-law test. Discussion then turns to the possibly huge ramifications for some wider debates in the field of philosophy of law, both for classic topoi ( such as law and morality or utilitarianism) and for contemporary current debates such as constitutionalism, sovereignty, and juristocracy. In its concluding remarks, the paper raises issues of the unspoken social contract between the people and the state: will the restrictions amid the pandemic go down in history as a singular, unique event or, instead, as a step on the slippery slope toward permanent crisis management in the name of a new sanitary order? :

Sanders, Anne, ‘Video-Hearings in Europe Before, During and After the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges. :

Slautsky, Emmanuel et al, ‘Belgium: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2023)
Abstract: The management of all aspects of a pandemic is not a competence that belongs as such to the federal, regional, or community levels of government. This report focuses on the measures adopted by the Walloon Region and the Flemish Community to handle the Covid-19 pandemic, in addition to the measures adopted at the federal level. With 32% and 58% of the population respectively, the Walloon Region and the Flemish Community are the main Belgian sub-federal jurisdictions as far as size and population are concerned. Occasionally, measures adopted at the local level will also be discussed.

Stock, Melissa, ‘Facial Recognition and Detection Technology: Developments and Challenges’ (2020) 25(3) Computer and Telecommunications Law Review 161–166
Abstract: Highlights the privacy risks posed by facial recognition and detection technology, including the potential for fraud and other criminal misuse, and errors in detection, particularly among Asian or African ethnic groups and women. Explores legal challenges relating to the use of face recognition brought in the UK, Sweden, France, Belgium, and the US. Considers the role digital surveillance has played in tackling the coronavirus pandemic. :

Tambou, Olivia and Alexia Pato, ‘COVID-19 Vaccination and Data Protection Issues: A European Comparative Study With Focuses on France, Germany, Belgium, and Switzerland’ (MPILux Research Paper No 2021(3), 4 March 2021)
Abstract: This report, which tackles data protection issues related to Covid-19 vaccinations, completes the study on vaccination policies carried out by the Max Planck Institute Luxembourg upon the request, and for the benefit of, the Ministry of Health of Luxembourg. The first part of this research project analyses the safeguard measures and guarantees put in place for the processing of data related to Covid-19 vaccinations in the EU. The general framework on data protection, i.e. the GDPR, is examined and relevant references to the law of the Council of Europe and the main recommendations at the European level are made. The purpose of this first part is to assess what EU Member States should do and what room for manoeuvre is left to those for the processing of data generated as a result of the Covid-19 vaccinations. The second part of the research project consists in a comparative analysis of the data protection laws in the area of public health in France, Belgium, Germany and Switzerland with specific references to Covid-19 vaccinations. The purpose of this second part is to understand and compare the approach taken in the selected States. :

Zetzsche, Dirk A et al, ‘The COVID-19-Crisis and Company Law: Towards Virtual Shareholder Meetings’ (University of Luxembourg Faculty of Law, Economics & Finance No WPS 2020-007, 15 April 2020)
Abstract: Legislation responding to COVID-19 allows us to examine how, and to what effect, the corporate governance framework can be amended in times of crisis. Almost all leading industrialized nations have already enacted crisis legislation in the field of company law. Here, given the difficulties or indeed the impossibility of conducting in-person meetings currently, the overall trajectory of company law reforms has been to allow for digitalization.We note five fields in which legislators have been particularly active. First, the extension of filing periods for annual and quarterly reports to reflect the practical difficulties regarding the collection of numbers and the auditing of financial statements. Second, company law requires shareholders to take decisions in meetings – and these meetings were for the most part in-person gatherings. However, since the gathering of individuals in one location is now at odds with the measures being implemented to contain the virus, legislators have generally allowed for virtualonly meetings, online-only proxy voting and voting-by-mail, and granted relief to various formalities aimed at protecting shareholders (including fixed meeting and notice periods). Third, provisions requiring physical attendance of board members, including provisions on signing corporate documents, have been temporarily lifted for board matters. Fourth, parliaments have enacted changes to allow for more flexible and speedy capital measures, including the disbursement of dividends and the recapitalization of firms, having accepted that the crisis impairs a company’s equity. Fifth and finally, some countries have implemented temporary changes to insolvency law to delay companies’ petitioning for insolvency as a result of the liquidity shock prompted by the imposition of overnight lockdowns.This working paper seeks to (1) document the respective crisis legislation; (2) assist countries looking for solutions to respond rapidly and efficiently to the crisis; (3) exchange experiences of crisis measures; and (4) spur academic discussion on the extent to which the crisis legislation can function as a blueprint for general corporate governance reform. Countries considered in full or in part include Australia, Austria, Belgium, Canada, China, France, Germany, Hong Kong, India, Italy, Luxembourg, the Netherlands, Norway, Portugal, Singapore, South Korea, Spain, Switzerland, Thailand, the United Kingdom, and the United States. Readers are encouraged to highlight any inaccuracies on the part of the authors in their presentation of the respective laws, and to bring further crisis-related legislation not considered in this working draft to the attention of the authors. Moreover, readers are invited to indicate where there is room for improvement therein, and/or to signal the need for policy reform.

Bosnia and Herzegovina

Begović, Nedim, ‘Restrictions on Religions Due to the Covid-19 Pandemic: Responses of Religious Communities in Bosnia and Herzegovina’ (2020) 8(2–3) Journal of Law, Religion and State 228–250
Abstract: This article explores the restrictions that have been recently placed on religions in Bosnia and Herzegovina on congregating and conducting religious rituals during the covid-19 pandemic, as well as the perceptions and responses of the main religious communities to these restrictions. Our data sources included the state covid-19 regulations, the guidelines of religious communities regarding worship services, congregational prayers, and other activities during the pandemic, and media articles covering religion and the covid-19 issues on a domestic and regional scale. Our research has shown that not all religious communities have been equally supportive of state regulations that restricted the religious freedom of individuals and religious communities. Their responses have ranged from strict harmonization of internal religious guidelines with the state covid-19 regulations to declarative support of public health recommendations while ignoring them in practice.

Hoxhaj, Andi and Fabian Zhilla, ‘The Impact of COVID-19 Measures on the Rule of Law in the Western Balkans and the Increase of Authoritarianism’ (2021) 8(4) European Journal of Comparative Law and Governance 271–303
Abstract: This article offers a comparative analysis of the covid-19 legal measures and model of governance adopted in the Western Balkans countries (Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Serbia and Kosovo) and its impact on the state of the rule of law, and ability of parliament and civil society to scrutinise government decisions. The article assesses the governments’ approaches to introducing and enforcing covid-19 legal measures, and shows examples of how covid-19 has exposed more openly the weaknesses in the existing system of checks and balances in the Western Balkans. The article offers new insights into how covid-19 presented a new opportunity for leaders in the Western Balkans to implement further their authoritarian model of governance in undermining the rule of law. This article offers suggestions on how the EU could respond, through its accession conditionality instruments and civil society, to redirect this trend towards more state capture. :

Imamović-Čizmić, Kanita, Elma Kovačević-Bajtal and Lejla Ramić, ‘Competition Law in Bosnia and Herzegovina: How Ready We Are for the Challenges of the Modern Age?’ (2021) 5 EU and comparative law issues and challenges series (ECLIC): Special Issue - Competition Law (In Pandemic Times): Challenges and Reforms 176–196
Abstract: Bosnia and Herzegovina, having an extremely complex state system and at the same time being a developing country and economy in transition with a commitment to membership in the European Union, faces numerous challenges in adapting national legislation to the acquis communautaire. One of the key segments of the introduction of European standards is the establishment of an effective mechanism for the protection of competition in legislative and institutional terms. With the adoption of the Competition Law in 2005, which brings new solutions and is largely in line with the acquis, Bosnia and Herzegovina has made a significant step forward from the previous state of legal irregularity in this important segment. However, sixteen years of the enforcement of the BiH Competition Law have shown certain shortcomings regarding the particular solutions contained in it. These shortcomings concern the part of the provision of the law that regulates procedural issues, but also the functioning of the authority responsible for the protection of competition in Bosnia and Herzegovina and it can be assumed that these are obstructive elements in response to the challenges of COVID-19 pandemic. In order to follow the international trends, companies in BiH have entered into a process of business digitalization, which, however, being accelerated due to COVID-19 pandemic, has created many challenges before the Council of Competition of BiH as the authority responsible for public enforcement of the competition law. The aim of this paper is to question the extent to which COVID-19 pandemic has affected the work of the Council of Competition BiH, as well as to address some of the particular issues it has faced before the pandemic, including growing market concentration, growing power of digital platforms, protectionism, consumer vulnerability and consequent loss of public confidence. In order to meet the set research goals, the first part of the paper will present an analysis of the legal solutions in the context of the legal and institutional aspect of competition protection and will provide an overview of the situation regarding the digitalization of business operations in Bosnia and Herzegovina. The second part of the paper will provide an analysis of the work of the Council of Competition of BiH with special reference to the period of declaring the pandemic COVID-19. :

Milinković, Igor, ‘Extraordinary Measures in Extraordinary Times: Legal Response to the COVID-19 Crisis in Bosnia and Herzegovina’ (2021) 14(2) Medicine, Law & Society 439–456
Abstract: The COVID-19 pandemic has profoundly affected all aspects of people’s daily lives. In response to the pandemic, many countries declared a state of emergency. Extraordinary measures have been implemented to reduce the spread of the new coronavirus. Some of these measures require significant restrictions of fundamental rights and freedoms, such as the right to privacy, freedom of movement, freedom of assembly, freedom of expression, religious freedoms etc. In Bosnia and Herzegovina (BiH), the BiH and entity authorities adopted decisions to provide a legal basis for implementation of extraordinary measures. The paper deals with the restrictive measures implemented during the COVID-19 crisis in BiH and their impact on human rights realization. The relevant decisions of the Constitutional Court of BiH are also analysed, including the decision in case AP-3683/20 according to which certain restrictive measures are contrary to the right to respect of private life and the freedom of movement. :

Mitrović, Ljubinko and Predrag Raosavljević, ‘Human Rights Ombudsmen in the Pandemic: Challenges in Protection of Vulnerable Groups’ (2021) 5 EU and comparative law issues and challenges series (ECLIC) 805–819
Abstract: Pandemic of virus COVID-19 posed numerous and unprecedented challenges to citizens and authorities which required shift in behavior and actions of all segments of society. Representing Ombudsmen Institution of Bosnia and Herzegovina, authors shared their experience in monitoring implementation of the decisions of all levels of government and presented challenges in striking the right balance between interests of public health and protection of rights of vulnerable groups. Public authorities in Bosnia and Herzegovina have passed emergency measures aimed at containing the spread of virus, but some of them failed to maintain human rights standards. Following the decisions of crisis centers to limit the freedom of movement, it was necessary to secure rights of children to education, protection from domestic violence and neglect in the family context. In introducing online education, authorities were asked to adapt recognition and grading system to the children in different conditions and circumstances, especially to the children with difficulties in development, children living in poverty and on margins of society such as Roma children or those living in institutions. Ombudsmen Institution registered increase in the number of domestic violence cases because measures limiting freedom of movement had impact on victims’ ability to seek help from trusted sources, usually members of immediate family or representatives of law enforcement agencies. Having in mind that large number of citizens could not afford access to the official gazettes in any form, Ombudsmen requested that all enacted legislation be accessible online recommended that the decision banning reporters from conferences be reconsidered, guided by the right of citizens to be informed of their government actions. Examining the practice of placing COVID stickers on mail by the Post Office, Ombudsmen issued recommendation to stop such practice as it was deemed disproportional to the right to privacy and protection of personal data, while the protection of postal workers could have been ensured by other protective measures. It also became evident that national budgetary capacities had to be increased in order to prevent deterioration in provision of basic public services such as health and social protection, since economic consequences of the pandemic were disproportionally felt by the groups exposed to poverty, such as Roma, refugees or migrants. Drawing conclusion from concrete cases, authors offer review of particular emergency measures, analyze their adequacy, justifiability and timeliness, while presenting authorities’ response to Ombudsmen’s findings in formulating more adequate and efficient but, at the same time, least intrusive measures taken in response to the disaster. In search of common response to such widespread phenomenon, governments should recognize the intention of Ombudsmen Institutions to be in „permanent session“ over protection of vulnerable groups and should more actively involve it in discussions on emergency measures and their effect on human rights and freedoms. It proved to be better suited to act quickly, to apply more effective remedies and to correct government actions thanks to its knowledge of the local context than traditional institutions for protection of human rights, such as constitutional courts, international courts or treaty bodies. :

Nurkic, Benjamin and Aldina Jahic, ‘The Rule of Law Crisis and Self-Incurred Immaturity’ (2020) 6 Journal of Liberty and International Affairs 67–79
Abstract: The COVID-19 pandemic challenged countries around the world to preserve public health which entailed limitations of human rights. We have seen around the world that these limitations were adopted in way that was not in accordance with the proportionality principle, which led to misuse of the state of emergency in general and the interventionism of unseen proportions. The goal of this paper is to present how Bosnia and Herzegovina, as a country in transition, faced the COVID-19 pandemic and give an overview of the events that represent human rights and freedoms violations and abuses associated with the state of emergency. :

Ramić, Lejla, ‘Tax Administration Toward Digitalization in the COVID-19 Environment—Case Study Bosnia and Herzegovina’ in Klaus Mathis and Avishalom Tor (eds), Law and Economics of the Digital Transformation (Springer, 2023) 91–118
Abstract: The COVID-19 pandemic, as an unprecedented global health and economic crisis, has shaken digital resilience in general, and on the government side in particular. Pandemic circumstances have caused a slowdown in economic activity and, at the same time, introduced us to the momentum of accelerated digitalization. Among other things, economic policy makers had two key economic policies, monetary and fiscal, at their disposal, in order to ensure the necessary stabilization of the economy and amortization of the negative consequences of the crisis on business activities. Speaking of fiscal policy, the special burden of the crisis was in the field of ensuring the integrity of the tax system and yielding tax revenue. In this context, tax administrations have faced, on the one hand, the potentially accelerated digitization of work and, on the other hand, the pressure of having to ensure the highest possible degree of tax compliance in a situation that, due to its characteristics, presented an additional risk for tax fraud. The situation has become more complicated in developing countries, such as Bosnia and Herzegovina, which has a deep-rooted bureaucratic system and fights hard for public trust while trying to solve the problem of collecting enough tax revenue for the basic functions of the state. This chapter examines how the COVID-19 pandemic affected the process of digitalization of tax administrations with the specific aim of determining whether Bosnia and Herzegovina, as a developing country with a commitment to membership in the European Union, has seized momentum and accelerated the degree of digitalization of tax administrations, especially the Indirect Taxation Authority. In order to meet the set research goal, the first part of the chapter will present a theoretical framework of the economic analysis of the digitalization of the tax administration. The second part of the chapter will provide a comparative analysis of the situation and perspectives of digitalization of the tax administrations from 32 member administrations based on the research of the Organization for Economic Cooperation and Development published in 2021 with special reference to the impact of the pandemic. In the third and last part of the chapter, based on the empirical research and desk analysis, the author seeks to answer the fundamental research question of whether the COVID-19 pandemic accelerated the process of digitalization of tax administration in Bosnia and Herzegovina in which the stage of digitalization is generally low and which can be seen as a sludge in the digitalization process.

Sanders, Anne, ‘Video-Hearings in Europe before, during and after the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges.

Simović, Miodrag N and Jelena Kuprešanin, ‘Protection of Human Rights in Bosnia and Herzegovina- Migration Management Challenges in Society Recovering from the Covid-19 Pandemic’ (2022) 6 EU and Comparative Law Issues and Challenges Series (ECLIC) 576–590
Abstract: Migration management, among others, is one of the challenges Bosnia and Herzegovina and the Western Balkan countries have faced in recent years. The uncertain and complex situation has been exacerbated by the corona virus pandemic, and existing material and human resources are now focused on repairing its consequences. The end of the pandemic remains uncertain, social problems are becoming more complex, and systemic support is needed for a growing number of different vulnerable categories in the country. The protection of human rights and fundamental freedoms is imperative, especially in times of crisis. Although significant activities have been implemented, they are still insufficient to adequately respond to migration management. The support of the international community remains necessary. Multisectoral action, coordination and sharing of experiences should be intensified. The European Commission’s 2021 Report for Bosnia and Herzegovina pointed to very limited progress in migration and asylum management and the need to significantly improve this area, ensure effective coordination and provide sufficient and adequate accommodation capacity. The response to the crisis during the outbreak of COVID-19 was assessed as satisfactory by the European community, and greater spread and more severe consequences for the migrant population were prevented. According to some reports, the rights of minorities and asylum seekers continue to be a serious concern for human rights in Bosnia and Herzegovina. Unaccompanied children face specific challenges and vulnerabilities, and their protection and adequate response to their needs is one of the priorities for future action. Media coverage of migrants needs to be reviewed and directed in a way that is in line with the human rights of vulnerable categories and advocating the necessity of their protection. The media is one of the key links in monitoring the protection of human rights, but also in focusing on areas that require urgent action. Preventive activities should become an integral part of the strategic directions of local and national governments, and the support of the international community, cooperation, adequate assessment and protection of the best interests of all citizens are a prerequisite for social security in Bosnia and Herzegovina.

Bulgaria

Bäcker, Roman and Joanna Rak, ‘Electoral Laws during the COVID-19 Pandemic as a Tool of Quasi-Militant Democracies: Comparative Perspective’ in Magdalena Musiał-Karg and Izabela Kapsa (eds), Elections in Times of a Pandemic: Dilemmas and Challenges (Brill, 2024) 41–55
Abstract: Abstract COVID-19-driven post-communist states face strong authoritarian tendencies, but also their empowered political nations efficiently act against anti-democratic actors’ actions. This study explores the use of electoral laws in Poland, Hungary, Romania, and Bulgaria as a political tool and its influence on the sovereignty of the political nations. Embedded in the theory of neo- and quasi-militant democracy, it aims to explain to what extent the electoral laws adopted or proposed for adoption during the COVID-19 pandemic reduced the scope of the sovereignty of the political nations. The relationships between the legal changes and the sovereignty are analysed with qualitative source analysis and reflexive thematic analysis. As the analysis of themes across the attempts to shape the sovereignty of the political nations shows, changes to the electoral laws were introduced in a hurry, in the privacy of ministerial offices, and without social consultation. Such a way of proceeding stemmed from the need to change the law as soon as possible and thus avoid or reduce the resistance from the political opposition, other centres of public authority, and non-governmental organisations (Poland, Hungary, Romania, Bulgaria).

Hallaert, Jean-Jacques, ‘Inequality, Poverty, and Social Protection in Bulgaria’ (IMF Working Paper No 20/147, 31 July 2020)
Abstract: Absolute poverty has dropped markedly in Bulgaria but income inequality has increased substantially in the aftermath of the GFC. This increase is due to a rise in market income inequality that was compounded by a reduction in fiscal redistribution. The redistributive role of direct taxation has declined with the introduction of a flat tax and social spending is relatively low and decreasing (as a share of GDP), is concentrated on a few social risks, and experienced a decline in its redistributive efficiency. The COVID-19 crisis is likely to deepen income inequality, increasing the room for redistributive policies. :

Kalkandjieva, Daniela, ‘Religion and COVID-19 in Bulgaria’ in Brian Conway et al (ed), Religion, Law, and COVID-19 in Europe: A Comparative Analysis (Helsinki University Press, 2024) 383–399 [OPEN ACCESS E-BOOK]
Abstract: Bulgaria was among the few countries in the world where the state authorities did not require the closure of religious sites during the pandemic. This peculiarity led to some deviations in the implementation of anti-epidemic measures in the religious sphere. This analysis pays special attention to the impact of the country’s religious demography and the teachings of different faith communities on their response to the anti-epidemic policy of the Bulgarian state. It also discusses the diverse approaches of the local religious majority and faith minorities. Finally, it comments on the state’s communication with religious communities during the pandemic.

Papazova, Mariya, ‘Bulgaria: Competition Protection Commission, Antitrust Activity and the COVID-19 Outbreak’ (2020) 4(2) European Competition and Regulatory Law Review 115–119
Abstract: Reports on the Bulgarian competition authority’s response, in line with EU guidance, to the challenge of the coronavirus pandemic. Notes the investigation of mass fuel markets, and supermarkets’ obligations to sell locally produced food. :

Rusev, Atanas and Tihomir Bezlov, ‘COVID-19 Pandemic Crisis and Its Impact on Crime Rates in Bulgaria’ in Dina Siegel, Aleksandras Dobryninas and Stefano Becucci (eds), Covid-19, Society and Crime in Europe (Springer International Publishing, 2022) 3–22
Abstract: In the last 30 years, Bulgaria witnessed several big socio-economic crises, and each triggered an upsurge in crime rates. The Covid-19 pandemic unfolded a new and very different type of crisis, with diverse health, social, and economic effects and unprecedented low crime levels. Bulgarian authorities intervened twice during the year and imposed restriction measures from the beginning of March 2020 until the end of May and again in mid-November until the end of December. Although the imposed public health measures in the spring were quite successful and the country had one of the lowest registered cases in the EU, the lockdown eventually hit hard the economy and brought relentless social unrest and protests against the government during the summer. The current chapter provides an overview and analysis of the crime trends in Bulgaria in the period 1990–2020 and the broader environment and its factors that shaped 2020.

Terziev, Venelin, Marin Georgiev and SM Bankov, ‘Increasing the Risk of Corruption Activities during a COVID-19 Pandemic’ (2020) 92(12) International Scientific Journal, Internauka 58–59
Abstract: The actions of the Prosecutor’s Office of the Republic of Bulgaria are positively recognized not only by the Bulgarian society, but also by the previous European Commission in relation to the Cooperation and Verification Mechanism in the field of justice and home affairs. Thus, the last Monitoring Report on the progress of Bulgaria acknowledged the fulfillment of all criteria and the Commission expressed the opinion that the progress made by the Republic of Bulgaria on the Cooperation and Verification Mechanism is sufficient to meet the country’s commitments made at the moment of EU accession. This opinion does not minimize the expectations for outcomes in the fight against corruption and organized crime in the country. The refore the efforts of the law enforcement authorities in recent years will not remain on an occasional basis, but will impose a lasting trend to strengthen the rule of law in the Republic of Bulgaria.

Croatia

Bačić, Petar and Marko Ivkošić, ‘The Croatian “Emergency Constitution” on Test’ in Zoltan Nagy and Attila Horváth (eds), Emergency Powers in Central and Eastern Europe : From Martial Law to COVID-19, (Central European Academic Publishing, 2022) 97

Bajić, Nikolina Hazdovac and Siniša Zrinščak, ‘Religion and COVID-19 in Croatia: Preference for Religion and Varieties of (Non)Compliance’ in Brian Conway et al (eds), Religion, Law, and COVID-19 in Europe: A Comparative Analysis (Helsinki University Press, 2024) 73–93 [OPEN ACCESS E-BOOK]
Abstract: In this chapter, we provide an overview of the legal and sociological aspects of the pandemic that pertain to religion. The legal measures undertaken by the Croatian government have not been challenged via the judicial system; the use of the courts for this purpose was almost non-existent. Concerning the sociological aspects, we focus on varieties of (non)compliance with government-prescribed measures at various levels of the Catholic community (religious leadership, clergy, and believers), as well as on how this (non)compliance changed over time. We also describe anti-mask attitudes and conspiracy theories in the belief that these phenomena, though not directly relatable to religion, reveal the overall social climate as a framework in which the social role of religion during the pandemic can be traced. Our analysis shows that the close relationship between the state and the Catholic Church was also evident during the pandemic. Furthermore, public debates about public health measures related to COVID-19 (e.g. vaccines and COVID-19 passes) contributed to the politicisation of the disease, and religion played an important role in this process. Although there is an evident lack of data on religious phenomena during the pandemic in Croatia, this chapter uses a variety of sources, including legal texts, the documents of public officials and institutions, media reports, and existing scholarly studies.

Bodul, Dejan, ‘Redefining the Classic Concept of the Court? -Responses to the Corporate Solvency Problem in the Ongoing COVID-19 Crisis’ (2021) 5(EU 2021 – The Future of the EU in and After the Pandemic) EU and comparative law issues and challenges series (ECLIC) 444–467
Abstract: The coronavirus pandemic is pushing large number of firms towards insolvency by dramatically changing consumption patterns and business operations. The first wave of liquidity-focused policy responses (Act on Intervention Measures in Enforcement and Insolvency Proceedings for Duration of Special Circumstances) prevented or delayed more severe consequences for the corporate sector. While some liquidity support is still needed, the crucial issue that must be tackled now is that of corporate solvency. This paper addresses the role of the Financial Agency (hereinafter: FINA), which, as a legal entity with public authority, has (in)appropriate legal authority in bankruptcy proceedings over the rights of entities. As in the previous paper, a multidisciplinary scientific approach is advocated, which should contribute to the consideration of various aspects of the relationship between FINA, the state, the judiciary and the current tendency of Dejudicijalization. :

‘Croatia: Temporary Measures to Mitigate the Consequences of the COVID-19 Pandemic and Zagreb Earthquake in Civil, Insolvency and Criminal Procedure Law.’ [2020] Lawyer (Online Edition) 1
Abstract: The article informs on recommendations issued by Croatian Ministry of Justice as of 14 March 2020 to prevent the transmission of the novel coronavirus and control the pandemic. It mentions that measures advise temporary adjustments to legal requirements in civil, insolvency and criminal procedure law to avoid hardship that would otherwise arise as a result of the coronavirus crisis. It also mentions that employees are allowed to work from home, and hearings should be postponed. :

Held, Mateja and Kristina Perkov, ‘Spatial Planning in the EU and Croatia under the Influence of Covid-19 Pandemic’ (2022) 6 EU and Comparative Law Issues and Challenges Series (ECLIC) 591–624
Abstract: Spatial planning is an interdisciplinary process dealing with practices of regulating and transforming the space, including experts from various fields such as lawyers, spatial and urban planners, geographers, civil engineers, economists, sociologists, etc. Spatial plans are general acts that arise due to the complex spatial planning process in which public participation is a necessary tool for transparent and legal procedure. They impact human rights due to their influence on a healthy environment, organization of life, quality of public services, green areas in the cities, etc. Spatial plans also deal with the economic aspect of investments, urban planning, and development of a particular territory. Cities are rapidly evolving and are characterized by density and overcrowded population, so the EU has a special interest in the adequate organization of the space. Consequences of the COVID- 19 pandemic have produced a need for a different land use regulation from the established one. New challenges for the Member State’s governments include regulation for the organization of life and everyday needs in 15 minutes’ walk areas (work, market, health care, school, kindergartens, public services, parks, etc.). Although the European Union does not have direct competence in spatial planning of each Member State, it has a strong influence on the Member States through regulations (for example, European Spatial Development Perspective, The New Leipzig Charter, etc. which provide a strong framework for good and sustainable urban governance) and practice, as well as through the financial support to the Member States. This paper has two main goals. The first aim of this paper is to analyse how the EU tries to overcome the consequences of the pandemic in the physical planning system (recommendations, guidelines, financial support, consulting, or others). We also aim to discover how the pandemic affected the process of adopting the spatial plans in the Member States on the example of Croatia in one case study. The paper is divided into several parts. After the introduction, the first part of the paper brings an overview of the spatial planning process in the EU and Croatia based on the analyses of the relevant EU and domestic regulations. Next part of the paper deals with the influence of the COVID-19 pandemic on the spatial planning at the EU level, and on the development and adoption of spatial plans in Croatia. This includes the duration of the process, restrictions, and new ways of public participation in the process of the development and adoption of spatial plans (for example online public presentations), the influence on economic development (investments in a building), social distancing, etc. Last part of the paper will contain a research of development and adoption of spatial plans under the influence of the COVID-19 pandemic. The paper concludes with particular suggestions for improving the Croatian situation based on the good practices of the EU.

Jashari, Murat, Behar Selimi and Islam Pepaj, ‘Political and Constitutional Approach Toward Covid 19: The Cases of Kosovo and Croatia’ (2021) 42(3) Zbornik Pravnog fakulteta Sveučilišta u Rijeci 817–834
Abstract: This paper analyzes the political and constitutional confrontation of Kosovo and Croatia with the COVID-19 pandemic. The similarities of the constitutional provisions governing emergencies and possible restrictions on human freedoms and rights in both countries, alongside hybrid parliamentary systems with strong presidents, have produced the same approaches, respectively similar in political and constitutional terms as well as in academic and professional aspect. Therefore, this paper is focused more on government responses to the situation, including divergences between presidents and governments, as well as constitutional court approaches and respective academic opinions on the subject axis: extraordinary measures within the ordinary or extraordinary legal order with a formal declaration of a ‘State of Emergency’. Both countries set out for the first model, contenting themselves with amending legal frameworks without a formal declaration of a state of emergency. How and why, it happened is explained in the second and third parts of the paper, resulting in conclusions and recommendations.

Kamber, Krešimir and Lana Kovačić Markić, ‘Administration of Justice during the COVID-19 Pandemic and the Right to a Fair Trial’ (2021) 5(EU 2021 – The Future of the EU in and After the Pandemic) EU and comparative law issues and challenges series (ECLIC) 1049–1083
Abstract: On 11 March 2020 the World Health Organization announced the Covid-19 (coronavirus) to be a pandemic. To combat the pandemic, many countries had to adopt emergency measures and some of these measures have affected the judicial system, especially the functioning of courts. The pandemic has been characterised as far as the judiciary is concerned by complete or partial closure of court buildings for the parties and for the public. It is clear that the functioning of national judicial systems has been severely disrupted. This limited functioning of courts impacted the individuals’ right to a fair trial guaranteed, in particular, under Article 6 of the European Convention on Human Rights. The aim of this article is to examine the manner of the administration of justice during the Covid pandemic and its impact on the due process guarantees. Focus is put on the extent to which different Covid measures, in particular remote access to justice and online hearings have impacted the guarantees of the right to a fair trial and the due process guarantees in general, notably in detention cases. In this connection, the article provides a comparative overview of the functioning of the European legal systems during the pandemic. It also looks into the way in which the two European courts – the European Court of Human Rights and the Court of Justice of the European Union functioned, as well as the way in which the Croatian courts, including the Constitutional Court, organised their work during the pandemic. The article then provides an insight into the issue of online/remote hearings in the case-law of the European Court of Human Rights and in the Croatian Constitutional Court’s case-law. On the basis of this assessment, the article identifies the differences in the use of remote/online hearings between and within jurisdictions. In conclusion, the article points to some critical considerations that should be taken into account when devising the manner in which any Covid pandemic experience with the administration of justice (notably with regard to remote/online hearings) can be taken forward. :

Kotulovski, Karla and Sandra Laleta, ‘The Abuse and Exploitation of Foreign Seasonal Workers: Did the Coronavirus Emergency Worsen Already Precarious Working Conditions in the Agricultural Sector?’ (2021) 5(EU 2021 – The Future of the EU in and After the Pandemic) EU and Comparative Law Issues and Challenges Series (ECLIC) 326–358
Abstract: Seasonal workers are increasingly important in some Member States as a means to fill the labour market needs. Preferred due to their lower salaries, greater docility and the evasion of administrative and social security obligations, migrant workers are often treated less favourably than domestic workers in terms of employment rights, benefits and access to adequate housing. The agricultural sector of employment is particularly at risk of labour exploitation during harvest seasons and thus associated with atypical or informal forms of employment and precarious working conditions. The COVID-19 pandemic gave visibility to the new risks the seasonal workers are exposed to. In addition, it showed that in some cases such problems can lead to the further spreading of infectious diseases and increase the risk of COVID-19 clusters. The consequences of of the pandemic can be observed in Croatia too. This paper primarily covers the position of third-country nationals who enter and reside in Croatia for the purpose of agricultural seasonal work within the framework of the Seasonal Workers Directive (Directive 2014/36/EU). Significant challenges facing the Croatian labour market have been addressed by means of a comparative approach in order to present the current situation on the EU labour market and suggest potential legal solutions applicable in regard to the national circumstances.

Malnar, Vlatka Butorac, Mihaela Braut Filipović and Antonija Zubović, ‘Rethinking Unfair Trading Practices in Agriculture and Food Supply Chain: The Croatian Perspective’ (2021) 5(SPECIAL ISSUE-COMPETITION LAW (IN PANDEMIC TIMES): CHALLENGES AND REFORMS) EU and comparative law issues and challenges series (ECLIC) 2–28
Abstract: In recent years, the need for a systematic and harmonised way of preventing unfair trading practices (hereinafter UTPs) in the food supply chain has intensified at the European level due to many diverging national legislative solutions. These efforts resulted in the Directive 2019/633 on unfair trading practices (UTPs) in business-to-business relationships in the agricultural and food supply chain. Croatian UTPs Act, enacted already in 2017, was just amended to conform with the requirements of the named Directive. Generally speaking, the UTPs Act sets out rules and measures to prevent the imposition of UTPs in the food supply chain, establishes the list of such practices and sets up the enforcement structure and sanctions. Comparing the Directive to the UTPs Act, the authors discuss the outcome of the transposition pointing to the incorrect scope of application of the national legislation, its potential consequences and de lege ferenda solutions. Further, the authors anlyse the legal nature of the adopted UTPs system concluding that it does not fit into the traditional systematisation of laws jeopardising the coherency of the intricate and complex relationship between relating legislative frameworks. New rules are diverging and overlapping with both competition and contract law, leading to possible undesirable spill over effects in contract law, and unresolved concurring competence with competition law. Authors suggest precautionary interpretative measures as a means of solving the identified legal conundrum. :

Mikić, Ivana, ‘Legal, Library, and Accounting Barriers of e- Books for e-Learning during COVID-19 at Polytechnic in Pozega’ (2022) 8(1) ENTRENOVA - ENTerprise REsearch InNOVAtion 138–145
Abstract: The sudden and rapid appearance of COVID-19 surprised many, so the whole world switched to the digital environment at one point. Business meetings, classes, and social events took place via the Internet. In such an environment, e-books have played a major role in responding to distance learning. But the e-book is still a novelty in both the library and accounting businesses. In this paper, we will give an overview of legal, technical, library, and accounting issues that e-book brings and try to answer how to solve them and how to ensure the availability of e-books in the long term. We will also show how this affected students in the learning process.

Milošević, Milan et al, ‘Legal Aspects of Recognizing COVID-19 as an Occupational Disease in The Republic of Croatia’ (2022) 29(3) Revija za socijalnu politiku 403–412
Abstract: Occupational diseases are diseases directly induced by work and working conditions. In the Republic of Croatia, according to the procedure set out by law, occupational diseases are reported and recognized by the Croatian Health Insurance Fund and registered and monitored in the Registry of Occupational Diseases kept by the Croatian Institute for Public Health – Department of Occupational Health. Diagnoses are under responsibility of occupational medicine specialists and are carried out according to modern occupational health criteria, which include determining the clinical picture of the disease and the damage caused by the work process. The recognition of COVID-19 as an occupational disease is extremely important for the worker considering the financial and pension benefits according to the applicable laws and regulations. Most workers who have had COVID-19 as a professional disease do not get the disease recognized as an occupational disease while they are sick. The length of the acute disease is shorter than the process of application and evaluation of occupational disease. However, the recognition of COVID-19 as an occupational disease may be important for the future. Should any of the complications (e.g. post COVID-19 syndrome) arise in the future, the worker holds their rights under health insurance. The scientific and healthcare community is still in the process of evaluating and recognizing complications of COVID-19 disease and their long-term impact on health and work ability.

Pejaković-Đipić, Silvija and Željko Karas, ‘Two-Witness Rule During Home Search in the Light of the Covid Pandemic’ (2022) 6 EU and Comparative Law Issues and Challenges Series (ECLIC) 315–329
Abstract: Authors are analysing the extent of acceptance of rule on mandatory presence of two witnesses during a home search in national criminal proceedings in EU Member States. While some police powers in Croatia are regulated using modern forms of protection of suspects’ rights, some other investigative actions are regulated using rules that are uncommon in EU. Home search has a historic model of obligatory presence of two witnesses. These witnesses are often randomly selected among citizens, they are not legal professionals. A suspect has no right to reject witnesses if he considers that they could violate his privacy or health rights. Besides that, the Two-witness Rule has a peculiar impact on the evidence law. Items found during home search cannot be legally used if only one witness was present. According to such consequence, this rule actually requires a certain number of witnesses to prove a fact. Such requirements on number of witnesses have been abandoned in modern evidence law. The results of the analysis of the EU Member States show that the rule on the mandatory presence of two witnesses is widespread only in some post-communist systems. When it comes to EU criminal procedure codes (CPCs), the mandatory presence of witnesses exists in Croatian, Slovenian and Bulgarian CPC. The study is showing influence of former Russian CPC in post-Soviet era as well as the influence of former Yugoslav CPC. Regarded as the relic of the past, these procedural guarantees of home inviolability in the cases of home search should be reassessed and improved. In the context of COVID crisis, mandatory presence of witnesses presents challenge for the protection of suspect’s and witnesses’ health. Observed from the suspect’s right to protect his health or the witnesses’ right not to expose themselves to potentially health endangered situations, finding witnesses presents even more complexed mission. If the suspect is in COVID quarantine and the search must be conducted, can witnesses be forced to enter such premises? In case that suspect requires fully vaccinated witnesses who can present valid COVID Certificate or negative PCR test, how could his requirement be fulfilled? The possible solution for both evidence law and health reasons could be the use of modern technologies such as video recording that could replace mandatory witnesses presence. Finally, it would be more appropriate to respect the suspect’s choice on protection of his rights or to use modern technical means or defence lawyer, as in other investigative actions in criminal procedure.

Perić, Renata and Emina Jerković, ‘The Impact of COVID-19 on Tax Administration in the Republic of Croatia’ (2021) 5(EU 2021 – The Future of the EU in and After the Pandemic) EU and comparative law issues and challenges series (ECLIC) 659–687
Abstract: The crisis and special measures caused by the Covid-19 virus pandemic have greatly disrupted the business and survival of small and medium-sized enterprises, as well as larger industries. The state and its institutions were forced to take certain measures to facilitate the survival and continuation of business, and to save jobs for entrepreneurs and their employees. The Tax Administration is a state institution whose measures directly affect every business. So it was among the first to take some measures, i.e. to adjust its business and tax collection to the new situation. This paper discusses the first measures introduced, those from March and April 2020. It discusses the deferral or installment payment of due and deferred tax liabilities. The measure of deferral, installment payment of tax liability, is certainly the most important and most popular measure among taxpayers. It is explained how tax measures during a pandemic should look according to the recommendations of the Organization for Economic Co-operation and Development (OECD). We explain other measures that have been introduced to facilitate business. These are the extension of the deadline for filing income tax, the exemption from VAT, the enforcement procedure and the payment of the annual tax rate. Despite the measures taken so far, it is important to emphasize that the Covid-19 pandemic is still ongoing, and that according to some experts, a real crisis with visible consequences of the pandemic is still to be expected. Accordingly, it is to be expected that the current measures are very likely to be further changed, upgraded and adjusted as the situation changes. We consider it important to note that the framework of this paper does not allow a detailed analysis and that we are forced to limit ourselves exclusively to some aspects of the issue at hand. :

Poretti, Paula and Vedrana Švedl Blažeka, ‘Remote Justice in Coronavirus Crisis: Do the Means Justify the Ends, or do the Ends Justify the Means?’ (2022) 6 EU and Comparative Law Issues and Challenges Series (ECLIC) 39–65
Abstract: The coronavirus related crisis affected severely all aspects of life and judiciary is no exception. The world has been confronted with new challenges. New circumstances have created significant impact on the functioning of access to justice. New ways of administrating the legal system were introduced in the last decade, allowing for the use of the means of electronic communication, reducing certain stages of court procedures, opting for solutions for peaceful dispute settlement and promoting out-of-court dispute resolution. However, the coronavirus caused, beyond any doubt, severe delays in court proceedings and even shut down courts in some European Union Member States, Croatia included. Thus, additional efforts were required in order to ensure remote justice to citizens and businesses. More importantly, it called for a swift response, issuing and applying emergency measures, to safeguard the right to access courts and provide for effective administration of justice. The paper thus seeks to explore the ways in which European Union Member States responded to emerging challenges and the consequences these challenges had on administration of justice. Croatian example will be introduced specifically due to obvious struggles in handling the coronavirus caused difficulties in national judiciary system. Along with the analysis of measures taken, there are several questions, which need to be answered. What was the level of readiness of the Member States’ judiciaries for providing justice by means of electronic communications, with Croatia in focus? What are the effects of measures taken in Croatian judiciary system? Should it be left to the courts or other competent bodies to take actions on a case-to-case basis in order to provide the necessary protection of procedural rights to parties? In terms of the effect of the emergency measures, do they allow for the same or similar quality of remote justice? In conclusion, the paper will try to answer the aforementioned questions, deliberate on the efficiency of measures taken in response to the coronavirus crisis, with Croatia in focus and possibilities of future improvements.

Primorac, Željka, ‘COVID-19 as a “Significant Circumstance” for Risk Assessment in Life Insurance (in and after the Pandemic)’ (2021) 5(EU 2021 – The Future of the EU in and After the Pandemic) EU and comparative law issues and challenges series (ECLIC) 359–378
Abstract: The data on the health status of a policyholder represent a significant circumstance for risk assessment and concluding a life insurance contract, and are also legally relevant circumstances for exercising the rights from that contract. The author starts from a theoretical analysis of the perception of data on the health status of policyholders as personal data, comparing the right to confidentiality of such data with the duty to report them (before concluding a life insurance contract) in terms of reporting all circumstances relevant to the insurance risk assessment. In order to properly fulfil the obligation of pre-contractual nature, the paper analyses the legal norms governing this issue and also provides a comparative overview of the Croatian and German insurance legislation with special emphasis on the scope of health data that the insurer is authorised to require, the clarity of legal standards and legal insurance norms contained in the insurance questionnaires and the life insurance offer. Presenting the importance of COVID-19 infection and possible chronic consequences for human health, the author indicates the extent to which COVID-19 infection (mild or severe form of disease, possible need for hospital treatment) will have an impact on the design of new insurance questionnaires and the relevance of genetic testing results in the context of concluding future life insurance contracts.

Radanović, Nina Mišić, ‘Violations of the Right to Health Due to Limited Access to Protection of Health during the COVID-19 Pandemic in the Republic of Croatia and Possible Legal Implications’ (2021) 14(2) Medicine, Law & Society 271–300
Abstract: The battle against the COVID-19 pandemic is still the most important problem and a great challenge for the overburdened health system in the Republic of Croatia. This paper examines the research into how violations of humans’ right to health occurred due to the inaccessibility to health protection for uninfected persons during the COVID-19 pandemic. The research implemented showed that a system of anti-epidemic measures which completely suspended or significantly reduced the possibility to access primary and hospital health care, stopped preventive programs of cancer detection. Much medical research has already revealed the possible harmful effects to people’s health in the increase in cases of the contraction of and death from cancer and other serious illnesses, particularly in relation to certain vulnerable groups for example, women and oncology patients. The author concludes that the right to access protection of health during the COVID-19 pandemic in the Republic of Croatia was significantly limited and analyzes possible legal consequences which could occur due to the suspension or limitation to the right to access health care as a violation of the right to health. :

Radina, Ana, ‘The Child’s Right to Maintain Contact with Both Parents in the Age of Pandemic’ (2021) 5(EU 2021 – The Future of the EU in and After the Pandemic) EU and comparative law issues and challenges series (ECLIC) 601–630
Abstract: The COVID-19 pandemic and the accompanying extraordinary measures engaged restrictions of fundamental human rights and liberties to an unprecedented scale. Inevitably, this had implications in the family context as well. Even though children are not considered to be an endangered category from a medical perspective, they are adversely affected by the pandemic in practically all aspects of life, in the short-term and in the long-term. One of the child’s rights directly affected is the right to maintain direct contact with both parents on a regular basis. Digital means of communication can somewhat mitigate the lack of personal contact, however, not everyone has access to the necessary technologies and there might be various disagreements about exercising such indirect contact. The closure of judiciary and social services placed the burden of resolving contact related disputes almost entirely upon parents. This paper aims to examine the relevant legal framework and measures taken in relation to the child’s right to maintain contact with both parents in the circumstances of the pandemic, with particular focus on the Croatian context and the response of the Croatian authorities to the challenges arising from this extraordinary situation, and to identify actions which could be taken in order to improve the child’s unfavourable position. :

Roksandić, Sunčana, Krešimir Mamić and Robert Mikac, ‘Migration in the Time of COVID-19—Policy Responses and Practices in Croatia Concerning the Western Balkan Routes and Readiness for the Post-COVID-19 Society in Which the Right to Health Care for the Most Vulnerable Is Guaranteed’ (2021) 3 Frontiers in Human Dynamics Article 595189
Abstract: This research article aims to provide answers on how COVID-19 pandemics influenced migration law, policy responses, and practices in Croatia, particularly concerning migrants on the Western Balkan route. Throughout the EU, governments have reinstituted border controls in the Schengen region and any ‘nonessential travel’ to the EU has been suspended. In this study, it is analyzed whether asylum seekers have been denied entry in violation of international refugee law and whether immigration officers held detainees because of the risks posed by COVID-19 alongside Croatian borders. In addition, the study addresses the question whether and to what degree the COVID-19 pandemic influenced the overall approach toward migrants and their access to services, primarily the right to health care. Also, it is researched whether facilities for migrants and asylum seekers have appropriate health care and whether the measures imposed by the Croatian Institute of Public Health and by the National Emergency Response Team are respected when dealing with migrants. In addition, it is researched whether the EU, UN, and WHO policies and recommendation concerning COVID-19 and migrants, where applicable, are respected in the Republic of Croatia and whether specific policies concerning migrants and COVID-19 were introduced. All legislation, policy responses, and practices will be critically approached and examined. The text will make proposals for implementation of best practices and policy responses for migrants in the context of COVID-19. All statistical data that are necessary for this research are requested from the Ministry of the Interior of the Republic of Croatia. :

Sanders, Anne, ‘Video-Hearings in Europe before, during and after the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges. :

Stilinović, Marko, ‘Testamentary Dispositions in the Context of Global Pandemic’ (2021) 5(EU 2021 – The Future of the EU in and After the Pandemic) EU and comparative law issues and challenges series (ECLIC) 501–525
Abstract: The outbreak and the rapid spread of global COVID-19 pandemic have put significant strains on the institutions. The need to adapt to ‘new normal’ and contain the rapid spread of disease, while maintaining a functional society, resulted with introduction of numerous new legal mechanisms and adaptation of the existing ones. However, it seems that one area of law remains on the fringes: the regulation of wills. Even before the start of the pandemic many authors often pointed to the fact that the current legal framework does not follow modern technological developments, but no significant attempts were made to overhaul the inheritance law. Also, once the pandemic started in its full, there were no references to introduction of extraordinary mechanisms or new legal solutions to overcome the potential difficulties in forming wills. Comparative analysis yielded no better results: although some countries (such as Austria) recently completely overhauled their regulation of inheritance law, it seems that no attempts were made to introduce new types of wills or new methods of drafting wills into their regulations. Furthermore, following the spread of the pandemic, increasing number of potential testators find themselves unable to use traditional methods of drafting wills as they, or the authorized persons tasked with assistance and creation of wills, remain isolated from one another due to various reasons (lock-downs, isolation in case of experiencing symptoms, etc.). Having in mind these circumstances, it is necessary to ascertain whether there is a genuine need to introduce new types of wills into existing legal framework, or to adapt the current legal framework by facilitating the communication between citizens and the institutions. Also, it is necessary to analyze whether the interpretation of the existing legal framework enables the introduction of certain facilitating mechanisms. In order to reach these goals and clarify the possibilities within the current legal framework, interpretative and comparative method are used.

Uroda, Ivan, ‘Public Instruments of Digital Transformation during Times of Pandemic in the Republic of Croatia’ in Irena Lipowicz, Grażyna Szpor and Aleksandra Syrt (eds), Instruments of Public Law: Digital Transformation during the Pandemic (Routledge, 2022)
 

<a name='Cyprus'></a>Cyprus

‘Cyprus: Tax Measures to Support Local Businesses during Covid-19 Crisis.’ [2020] Lawyer (Online Edition) 1
Abstract: The article reports that Cyprus Government have announced a number of tax measure in an attempt to support local businesses and economy to overcome the crisis related to the effect of COVID-19 pandemic. It also mentions that the tax measures are yet to be finalized and submitted for the Parliament’s approval.

Kapogianni, Vicky, ‘The Bifold Cypriot Facet: Echoes of the UN Peacekeeping Mechanisms and the Politico-Legal Policies in the COVID-19 Era’ (2021) 33(1) Cyprus Review 167–197
Abstract: COVID-19 proffered the opportunity to promote intergroup solidarity and enhance coexistence in the dichotomised island of Cyprus. Nevertheless, devices put in place as drastic preventive measures not only incited internal and external reactions, but also resulted in further distancing the two communities. Preventive policies and mechanisms implemented during the pandemic were introduced in the form of exceptional orders’ which prioritised the protection of public health; thus, they remained in an external relationship to normative constitutional law. In an attempt to cope with the COVID-19 state, emergency measures that generated ambiguities within the exercising powers, since different parts of the Cypriot Constitution delimit the role of each government branch, were determined. Ergo, constitutional-compliance questions emerged as per the laws applied and interpreted in the aftermath of the emergency promulgation, examining whether rights under human rights law remained aligned with the rule of law and whether these means were upheld in the context of the pandemic. :

Kastanas, Ioannis, ‘The Autonomy of Religious Communities and the Freedom of Worship in the Coronavirus Era: The Example of the Orthodox Church of Cyprus’ (2021) 33(1) Cyprus Review 99–126
Abstract: The freedom of worship constitutes the quintessence of religious freedom and is also affiliated with the autonomy enjoyed by church organisations. In the times of a pandemic, the freedom of worship is subject to restrictions in accordance with the requirements of the principle of proportionality. This topical version of religious freedom is influenced significantly by the autonomy enjoyed by the different religious denominations in line with the current State, which outlines the relationships between them. In Cyprus, where the homotaxy system applies to the autocephalous Orthodox Church of Cyprus, a remarkable autonomy pursuant to the State and canon law is generally enjoyed. This is evidenced by the management of the restrictive measures imposed on the freedom of worship during the lockdown phase and the period of the gradual easing of the restrictive measures. :

Nottage, Luke R and Makoto Ibusuki, ‘Comparing Online Legal Education World-Wide: An Overview Before and after the Pandemic’ in Luke R Nottage and Makoto Ibusuki (eds), Comparing Online Legal Education: Past, Present and Future (Intersentia, 2023) [draft chapter]
Abstract: This draft General Report for the October 2022 IACL conference (and for introductory and concluding chapters in a related Intersentia series co-edited book) compares the global development of online legal education before and after the COVID-19 pandemic, particularly in universities but also through professional bodies. As significant background factors, it posits the nature of each jurisdiction’s legal system and profession, resourcing of universities, ICT infrastructure, and evolving pandemic impact. It then compares highlights and lowlights from 13 diverse jurisdictions: eight in the Asia-Pacific region and four elsewhere. The General Report concludes with a discussion of common trends and issues, as well as some intriguing divergences and contingencies, and an overall prognosis given the pros and cons revealed by the pandemic-induced shift towards more online legal education.

Nottage, Luke R and Makoto Ibusuki (eds), Comparing Online Legal Education (Intersentia, 2023)
Link to book page on publisher website
Book summary: This pioneering work by leading comparative lawyers examines developments in online legal education, particularly in universities but also in professional associations, before and especially after the COVID-19 pandemic. The book posits and largely confirms that transformations are linked to the extent and scope of respective legal professions (often, but not always, correlating to common versus civil law traditions), funding and other aspects of university-level education, and information and communications technology infrastructure in each jurisdiction. It charts the dramatic shift to online legal education in almost all jurisdictions even with different levels of COVID-19 infections and deaths, or mobility restrictions imposed by law and/or social norms. It also details how law teachers and students adapted to the challenges and opportunities of new technologies and practices, sometimes benefitting from serendipitous earlier events supporting online legal education, and a considerable ‘reversion to the mean’ as the pandemic has abated. The special reports incorporate extensive empirical data, including surveys on online legal education experiences. They cover 13 jurisdictions across the Asia-Pacific region (Australia, Canada, Brunei, Malaysia, Singapore, Hong Kong, Macao, Japan and Pakistan), Europe and beyond (Croatia, Cyprus, Italy and Seychelles), ranging from micro-states to very large economies, at various stages of economic development and from different legal traditions. Comparing Online Legal Education provides rich resources and lessons for legal academics and professionals, as well as those involved in education policy.

Stokes, Linda and Kyriacos Xenophontos, ‘Fitch Provides a Welcome Beam of Light for Cyprus Amid COVID-19 Gloom’ (2020) 35(7) Journal of International Banking Law & Regulation N82–N83
Abstract: Notes the April 2020 announcement by the Fitch rating agency of its maintenance of Cyprus’s long-term credit rating at BBB, amidst the coronavirus pandemic. Details Cyprus’s rapid response to COVID-19, its economic flexibility, its prediction of future GDP growth, and the issues it should address to increase its chance of obtaining an ‘A’ category rating. :

Stratilatis, Costas, ‘The COVID-19 Pandemic in Cyprus: A Problematic Legal Regime, and the Potential of Rule of Law in Emergencies’ in Kostas Chrysogonos and Anna Tsiftsoglou (eds), Democracy after Covid: Challenges in Europe and Beyond (Springer, 2022) 91–109
Abstract: In the first part of this chapter, we shall argue that the legal regime under which most of the COVID-19 measures were adopted in Cyprus is problematic both from the standpoint of the democratic principle and from the standpoint of the meta-principle of rule of law. In the second part, in the context of an analysis of the path that the Republic of Cyprus did not follow, i.e. a Proclamation of Emergency under Art. 183 of the Constitution, we shall see how a ‘compulsion of legality’ (Dyzenhaus) was incorporated into the emergency doctrine upon which the operation of the constitutional order of Cyprus has been based since 1964. The doctrine of necessity in Cyprus illustrates the potential of the rule of law even in emergencies. The ‘compulsion of legality’ which animates the Cypriot version of the doctrine of necessity affirms the importance of legislative action and of judicial review. At least on COVID-19 measures, this compulsion should orient courts away from constructions (such as the doctrine of ‘actes de gouvernement’) which insulate executive action from judicial scrutiny.

Tsaousis, Georgios, ‘Moulding the Right to Health in the Time of the Pandemic’ (2021) 33(1) Cyprus Review 67–97
Abstract: The coronavirus pandemic has overturned the traditional terms of ‘normality’ in the daily lives of citizens around the world. After an inexplicable period of provocative inaction against repeated calls by the World Health Organisation (WHO), States were called to take drastic and unprecedented measures that resulted in suspending the most important fundamental rights, especially of individual and social nature. Cyprus could not, of course, be an exception to the imposition of protective and precautionary measures, having transformed from a purely social State into a social State of preven- tion. In the overall response to the pandemic, the report is positive. In the emerging le- gal environment, the anxious effort of the State mechanism to protect human life at all costs makes the principle of practical harmonisation of conflicting fundamental rights virtually inapplicable. In this environment, the citizen seems powerless and possibly vulnerable to the will of the executive power. The advent of the pandemic and the con- stant endangerment of human existence urge the national legislator to abandon the logic of harmonisation of fundamental rights and focus on their prioritisation.

<a name='Czech'></a>Czech Republic (Czechia)

Dávid, Hojnyák and Szinek Csütörtöki Hajnalka, ‘Dimensions of Emergency Powers in the Czech Republic’ in Zoltan Nagy and Attila Horváth (eds), Emergency Powers in Central and Eastern Europe : From Martial Law to COVID-19, (Central European Academic Publishing, 2022) 129

‘Data Protection in the Context of Healthcare: COVID-19 Mobile App’ (2025) 74(1) GRUR International 90–100
Abstract: Act No. 258/2000 Coll., on the protection of public health and on amendments to certain related acts, as amended up to 30 September 2023 (Public Health Protection Act), Sec. 69; Act No. 94/2021 Coll., on the emergency decrees during an epidemy of COVID-19 and on amendments to certain related acts, as amended up to 14 January 2022 (Pandemic Act), Sec. 2; Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR), Arts. 4(2) and 5(1)(b) ‒ čTečka

Franc, Aleš and Vladimír Bíba, ‘Ethical and Legal Requirements for Vaccination against COVID-19’ (2022) 71(1) Ceska a Slovenska Farmacie 3–12
Abstract: In the current context, there is an extraordinary interest of states in vaccinating the population to prevent Covid-19. In the Czech Republic, gene mRNA and vector DNA vaccines are approved only with conditional marketing authorization, for which a complete and long-term safety assessment is currently lacking. Vaccines show some potential risks, such as penetration of lipid nanoparticles into surrounding tissues, incorporation of DNA into the host genome, ADE syndrome, development of resistant mutations, myocarditis, pericarditis, and thromboembolic events. Since the level of antibodies after vaccination is soon decreasing, immunity after the disease persists longer, and the disease's fatality rate is very low, especially in adolescents, only voluntary vaccination is ethically acceptable, without any direct or indirect restrictions on the unvaccinated. The conclusion is in line with the principles of medical ethics of nonmaleficence, beneficence, autonomy, and justice.

Gajewski, Dominik J and Adam Olczyk, ‘Changes in Polish Tax Law in Response to the Covid-19 Pandemic against the Comparative Legislative Changes in the Czech Republic and Slovakia’ (2024) 12(1) Studia Iuridica Cassoviensia 87–98
Abstract: The article describes the most important characteristics of legislative changes made in the Polish tax law in connection with the COVID-19 pandemic. They undergo comparison with changes made in this branch of law in the Czech Republic and Slovakia. This juxtaposition serves the authors to show that the main trend was, in the first place, to suspend the deadlines in tax procedures. It was an ad hoc change and did not affect any significant changes in tax procedures in the long run. The authors also point to certain restraint of the Polish legislator as regards adoption of serious changes to substantive tax law during the period under examination and touch upon the issue of transferring certain competences (in terms of exemptions) from the legislative authority to: (1) local governments or (2) the executive branch.

Giedrewicz-Niewińska, Aneta, Viktor Križan and Jana Komendová, ‘The Obligations of the Employer in the Implementation of Remote Work: The Examples of Slovakia, the Czech Republic and Poland’ (2024) 29(2) Białostockie Studia Prawnicze 83–97
Abstract: This text analyses the legal aspects of teleworking in Slovak labour law and remote working in Czech and Polish labour law. The text shows how Slovakia, the Czech Republic and Poland have used their experiences of employment during the COVID-19 pandemic in different ways. The basic difference is already apparent in the notions of remote working, teleworking and working from home. There are also some differences in the regulation of employers’ obligations related to the implementation of remote working. The legal regulation of remote working is in its formative stage, as evidenced by recent Polish and Czech labour-law changes. The analysis of the legal regulations of the three countries shows that remote working is a challenge. It is legitimate to analyse different legal solutions and share experiences between the countries. The text analyses the latest legal developments.

Holčapek, Tomáš, ‘Judicial Oversight in Times of a Pandemic’ (2021) 12 Czech Yearbook of Public and Private International Law 360–370
Abstract: This paper focuses on judicial decision-making during the Covid-19 pandemic, especially in the area of judicial oversight or review of various restrictive measures adopted in order to protect public health. A pertinent question is how well-equipped courts are to protect individual rights from excessive interference by public authorities at a time when a lot of essential information about nature and severity of the threat, and which counteractions would be the most suitable, is unavailable. Is it a valid point that law is prepared for usual, nonexceptional circumstances, but fails in times of a true crisis? For this purpose, the paper analyses selected case law and evaluates how it approaches a problem which most developed countries are currently attempting to resolve.

Horák, Filip, ‘Legal Regulation of Emergency Governance in the Context of the Covid-19 Pandemic. Decision to Declare the State of Emergency’ [2021] (6) Pravnik / Lawyer 483–484
Abstract: The article analyses the declaration the State of Emergency according to the Constitutional Act on the Security of the Czech Republic in the context of the current Covid-19 pandemic. The decision to declare the State of Emergency is characterized as a normative, constitutive act of the government without direct and immediate effect on the legal sphere of persons, which can be classified in the hierarchy of legal norms as law. Thus, the paper rejects the conclusion that such an act could be an administrative act or a non-legal (purely political) act. The article further analyses the possible defects of this act and divides them into three groups depending on their intensity and consequences. The most intense defects should make the act void. Defects that are less intense, but as a result of which the essentials of a democratic state governed by the rule of law are affected, should lead to the reviewability and possible revocability of the act by the Constitutional Court. Finally, defects of the lowest intensity should be covered by the so-called Fehlerkalkül theory, and therefore unreviewable. In conclusion, the article also deals with the control of the declaration of the State of Emergency by the Chamber of Deputies and the judicial review of this act. Regarding control by the Chamber of Deputies, a space is devoted particularly to the issue of the possibility of the State of Emergency ‘re-declaration’ contrary to the will of the Chamber of Deputies. Concerning judicial review, the article excludes review by administrative courts and only allows for limited review by the Constitutional Court. :

Klimovsky, Daniel, Ivan Maly and Juraj Nemec, ‘Collaborative Governance Challenges of the COVID-19 Pandemics: Czech Republic and Slovakia’ (2021) 19(1) Central European Public Administration Review 85–106
Abstract: The goal of this article is to evaluate what the Czech and Slovak governments have done to protect their countries and try to assess why they have achieved different results for the first and second waves of the Covid- 19 pandemic. The basis for such evaluation is the concept of collaborative governance, while qualitative research methods are used to achieve this goal. Based on comprehensive case studies and following analysis, the article suggests that in countries with limited quality of collaborative governance and no experience in similar pandemics, short-term ‘ultramobilisation’ and positive results are indeed possible, but failures are non-avoidable in the long run. During the second wave of the pandemic, the weaknesses in governance resulted in massive governance failures. As a result, the governments’ responses delivered very limited results in terms of prevalence of Covid-19. :

Kolouch, Jan, Tomáš Zahradnický and Adam Kučínský, ‘Cyber Security: Lessons Learned from Cyber-Attacks on Hospitals in the Covid-19 Pandemic’ (2021) 15(2) Masaryk University Journal of Law & Technology 301–341
Abstract: The article deals with the issue of cyber security, specifically the security of medical facilities. The introduction summarizes and briefly analyzes the cyber attacks demonstrated on Czech health care facilities in the period from 12/2019 to 1/2021, together with the procedures adopted by the responsible authorities. The article also newly presents the current regulatory requirements for cyber security of hospitals. In the context of past attacks and based on analyzes of attacks, current legislation and events, the article will provide an opinion on whether the requirements for cyber security of hospitals are set sufficiently or whether this area should be revised. At the same time, measures will be recommended to strengthen the cyber security of hospitals.

Lasák, Jan, ‘Changes to Corporate Restructuring Laws in the Czech Republic During the Covid-19 Pandemic’ (2023) 24(2) European Business Organization Law Review 349–366
Abstract: In the course of the Covid-19 global pandemic, corporate restructuring laws worldwide underwent a stress test as the financial health of companies significantly deteriorated. In response to public demand, legislators in the Czech Republic adopted various bail-out programmes and bail-in measures in order to provide debtors who ran into temporary problems in connection with the Covid-19 pandemic with additional protection against individual creditors to help solve their financial troubles. This paper outlines the various bail-in and bail-out measures that were introduced during the critical phase of the pandemic in 2020–2021 and analyses the extraordinary measures that were adopted in the Czech Republic. After the pandemic, once the temporary emergency measures were lifted, the number of insolvency petitions and proceedings surprisingly decreased in comparison to previous years. This may suggest that financial aid programmes in the Czech Republic may even have been too generous. While public debt in the Czech Republic increased dramatically during the pandemic as a result of the governmental bail-out/financial aid programmes, the ‘helicopter money’ contributed significantly to accelerating the increase in the country’s inflation rate.

Musiał-Karg, Magdalena and Izabela Kapsa (eds), Elections in Times of a Pandemic: Dilemmas and Challenges: Experiences of the European Countries (Brill, 2024)
Abstract: The COVID-19 pandemic demonstrated that unexpected and unpredictable situations can hinder the conduct of general elections around the world. The book is a comprehensive analysis of the organization of elections during the COVID-19 pandemic. In addition to the theoretical perspective, it familiarizes the public with specific electoral solutions adopted during the pandemic in selected European countries (Italy, Germany, Lithuania, Serbia, Russia, Czech Republic, Estonia, Latvia, Liechtenstein, Poland). The editors believe that this book will bring closer the specific solutions adopted in the considered countries during the COVID-19 pandemic and provide readers with a multi-faceted understanding of elections in emergency situations.

Novotný, Lukáš and Pavlína Pellešová, ‘Impact of the COVID-19 Crisis on the Regulation to Tourism in the Czech Republic’ (2021) 19(1) Central European Public Administration Review 199–222
Abstract: The article deals with issues concerning the regulation of tourism during the Covid-19 crisis in the Czech Republic. Tourism is among the most affected economic sectors by the current pandemic. During the pandemic, the State compensated the financial losses of tourist guides, but such compensations were – according to the guides themselves – insufficient. The aim of the research was to find out how tourist guides see the Czech crisis legislation with regard to tourism and the legislative measures taken by the Czech Government and Ministry of Regional Development to support tourism. For such purpose, questionnaires were distributed to employees in tourism – guides, particularly. We examined their attitudes to the tourism legislation in the Czech Republic in connection with the pandemic situation as well as public administration. Next, in-depth interviews were conducted. On the one hand, the research revealed great interest of tourist guides in the legislation and the current situation in the Czech Republic. On the other hand, it showed a negative evaluation of the adopted legislative measures and crisis legislation. On the basis of the research, the most important aid factors were identified: financial aid, greater support from the State and municipalities, exemption of social security and health insurance payments, promotion of tourism and guide services, support in the form of upgrading skills and retraining. The empirical part of the research, which used the Chi-Square Test of Independence, pointed to a dependence between gender and the attitude related to the legislation knowledge, between gender and monitoring of the current situation in European legislation concerning tourism and tourist guides, and between gender and attitudes when evaluating the legislative measures adopted by the Czech Government and Ministry of Regional Development in relation to tourism support. At the end of the study, some recommendations are provided on how to improve the present situation. :

Ondřejek, Pavel, ‘Threshold of Justification of Emergency Regulations: On Coherentism Requirement for the Justification of Measures Adopted in the Czech Republic during the COVID-19 Pandemic’ (2021) 27(2) Archiwum Filozofii Prawa i Filozofii Społecznej 41–53
Abstract: The article deals with justification of generally binding legal acts as part of a state governed by the rule of law. The ‘state of exception’ caused by the COVID-19 pandemic adds a new dimension to the issue of justification. The practice prevailing in the Czech Republic in 2020 did not reflect even the minimum requirements for justifying emergency measures, which brought on problems both in the practical application of the adopted measures and in their subsequent judicial review. The article attempts to find an appropriate level of justification, referred to as the threshold of justification and based on the coherentist theory of epistemic justification. The basis of such justification lies in the idea that individual grounds for justification can be found in the explanatory reports of the legislation, on the one hand, and in various pieces of relevant information available to the addressees, on the other hand. All these reasons should form a coherent whole and they should ultimately legitimize restrictions on the freedom of individuals. The final part of the article describes the importance of the threshold of justification for the review of proportionality and even reasonableness of the law. :

Pranevičienė, Birutė, Violeta Vasiliauskienė and Harald Scheu, ‘COVID-19 Restrictions of Freedom of Movement in Czech Republic and Lithuania: Legal Basis and Proportionality’ (2021) 12 Czech Yearbook of Public and Private International Law 227–245
Abstract: The article analyzes the legal measures that were taken in connection with the COVID-19 pandemic and led to a massive restrictions of the freedom of movement in Lithuania and the Czech Republic. The authors focus on the legal basis of emergency measures in both states, the specific executive practice and the difficult role of the judiciary. Relevant Lithuanian and Czech legal measures, such as the closure of borders for different categories of persons, including citizens, quarantine measures restricting free movement between municipalities and districts or similar isolation measures, affected both the internal and the external dimensions of free movement.

Radvan, Michal, ‘“Laissez-Faire” Principle in Tax Law during the Crises’ (2023) 32(2) Studia Iuridica Lublinensia 225–247
Abstract: In the last three years, the whole world has been struck by several crises. These extraordinary circumstances made many governments intervene much more in the economy, including tax law amendments. Many countries, including the Czech Republic, decreased several taxes or even abolished some as a kind of subsidy. This has resulted in a sharp rise in the public debt. The paper’s main aim and also the hypothesis to be confirmed or disproved is to answer the question of whether it would not be better to leave tax systems untouched in times of economic and other crises. To meet the contribution objectives, the IMRaD structure of the article is being used. The research part indicates amendments to the tax acts in the recent three years, justified on the grounds of the economic crises caused by the COVID-19 pandemic or consequences connected with the Russian invasion of Ukraine. In the discussion, the relationships between the new legal norms and the legal behavior of taxpayers are predicted, and the effects of legal regulation on the economic behavior of taxpayers are explained. Legal amendments also affect public budgets’ revenues. In conclusion, the strengths and weaknesses of de lege lata regulation in the study area are identified, and amendments de lege ferenda are suggested.

Radvan, Michal and Sandra Papavasilevská, ‘Abolition of Tax on Acquisition of Immovable Property: A Tool to Suppress the Negative Consequences of COVID-19 or a Politicum?’ (2021) 5(2) Public Governance, Administration and Finances Law Review 45–57
Abstract: The tax on acquisition of immovable property was abolished on September 26, 2020 in the Czech Republic. One of the reasons mentioned in the explanatory report to the Act was the statement that the abolition deals with the effects of this virus on society. The main aim of the article is to answer the question of whether the abolition of the tax on acquisition of immovable property is a tool to suppress the negative consequencCOVIDes of COVID-19 or a politicum. To get the answer, it is necessary to shortly describe the tax on acquisition of immovable property and its structural components and make a basic comparison with the other EU Member States. We also summarise the pros and cons of the tax and related findings of the Constitutional Court. As the property transfer tax is connected with the income tax and there were several amendments in the proposal, it is needed to analyse these changes. Based on the research, it is possible to conclude that the abolition of the tax on acquisition of immovable property is definitely not a tool to suppress the negative consequences of COVID-19; it is just a politicum: political parties believe that the abolition of the transfer tax brings them more voices in the elections. :

Sanders, Anne, ‘Video-Hearings in Europe before, during and after the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges. :

Semerá, Pavel, Michal Radvan and Lucie Semerádova, ‘Tax Fraud in Accommodation Services During the COVID-19 Pandemic in the Czech Republic’ (2021) 11(1) Centre for Analyses and Studies of Taxation SGH 23–31
Abstract: The situation around the COVID-19 pandemic is very serious worldwide. In addition to health problems, it also has many social and economic impacts. In our article, we have looked at the economic impact on the accommodation services sector. Despite repeated restrictions imposed by the government of the Czech Republic on this activity, there is speculation about violations of government measures. Our article aimed at identifying possible weaknesses in government measures and potential space for the emergence of a ‘grey economy’ segment in accommodation services during the COVID-19 pandemic in the Czech Republic. Our results show that there may be a tax evasion of 35.6% relating to entrepreneurs’ income. In addition, such a businessman receives a subsidy per unoccupied room and does not pay any occupational tax for accommodated guests. For natural persons who do not hire their premises on an ongoing basis, the tax evasion rate may be 10.5%, while still no charge on stay (tourist tax) is paid.

Skrzypek, Maciej, Jędrzej Skrzypczak and Oscar Pérez de la Fuente, ‘Smart Quarantine vs Strict Lockdown: Restrictions on Political Rights in Anti-Pandemic Strategies in Jędrzej Skrzypczak and Oscar Pérez de la Fuente (eds), the Czech Republic’ in Lessons for Implementing Human Rights from COVID-19 (Routledge, 2024)
Abstract: This chapter aims to trace the evolution of the state authorities’ attitude to restrict fundamental political rights in the Czech Republic during the coronavirus pandemic from 11 March 2020 to the end of March 2021. At that time, the Czech authorities changed the anti-pandemic strategy, which impacted certain rights and freedoms. During ‘a second wave’, the ruling elites decided to replace smart quarantine with a strict lockdown through an extra-constitutional state of emergency since February 2021. These changes aimed to extend the government’s scope of power and allowed ignoring parliamentary opposition. The shift in strategy led to an intensification of the implementation of quasi-militant democracy instruments, which decreased the political nation’s independence. Therefore, the author will address the motivations and results of anti-pandemic policy changes that impact the discussed sovereignty. That reflection is crucial for debate on implementing anti-democratic measures as part of the policy to deal with the subsequent widespread epidemics and other crises. In this chapter, the author refers to interdisciplinary studies on the effectiveness of pandemic strategies in the country, which, together with analysing the restriction of political rights, will provide answers to the legitimacy of changing the proposed action in the second half of 2020. The periodisation of the first year of the coronavirus crisis is presented in the diagram below.

Sprinz, Petr, ‘Changes to Czech Corporate Restructuring Laws During the COVID-19 Pandemic: A Comment’ (2023) 24(2) European Business Organization Law Review 367–371
Abstract: The author briefly comments on various measures undertaken in order to mitigate the effects of the extraordinary situation in connection with the pandemic of SARS-CoV-2 and seeks to put them into the context of the available data. In this connection, the paper mainly focuses on corporate insolvency filings, extraordinary moratoria and suspension of loan repayments. The author also briefly describes the future outlook.

Váňa, A and Z Koudelka, ‘Pandemic and the Constitutional Law in the Czech Republic’ [2023] (4) Analytical and Comparative Jurisprudence 86–94
Abstract: The Covid or Chinese flu pandemic put a number of countries in a state of emergency. Whether this state is explicitly a state of emergency is not decisive, since various legal systems use various terms, but it is decisive that in respect of its power the Czech state uses collective and blanket bans to regulate persons differently than under normal conditions.The article deals with the impact of the Covid pandemic on the legal system. It points out to the deficiencies in the current legislation. Its basic idea is that the fundamental legal solution to states of emergency must be represented by constitutional regulation. It determines areas in which the Constitutional Act on the Security of the Czech Republic should be amended. Constitutional embodiment of emergency lawmaking with executive power is suggested along with introducing controls by the Chamber of Deputies and with obligatory inspection of emergency legislation acts by the Constitutional Court. It is also suggested for a form of legislation to be thoroughly used for blanket bans and orders in preference to a form of a special administrative decision – measure of a general nature.The experience with the Covid pandemic approved that the legal solution to a crisis must stem in the constitutional legislation. A regular act cannot represent the basis. This constitutional legislation may in the future also be the constitutional act on security. Although it is appropriate to amend it in the following areas:1. Introduce the possibility of emergency legislation issued by the executive power.2. Introduce parliamentary review of individual emergency legislation acts. 3. Introduce mandatory review of emergency legislation acts by the Constitutional Court.4. In the case of general bans issued by the Ministry of Health amend their provisions from general nature to sublegal regulation.

Vasiliauskienė, Violeta et al, ‘The Legality of Human Rights Limitations Imposed by Covid-19 Green Passes in Lithuania and the Czech Republic’ (2023) 9(1) International Comparative Jurisprudence 64–79
Abstract: The aim of this article is to provide a comparative analysis of the regulation of the Opportunity Passport (hereinafter OP – a COVID-19 health status certificate) in Lithuania and an analogous document in the Czech Republic, and the legality of the limitations on human rights that were imposed by such rules. It describes the regulations imposed by the Lithuanian and Czech institutions and their development. Further, the requirement of the legality of limitations on human rights is discussed in the context of its application to the OP regulation, taking into consideration the jurisprudence of the Constitutional Court of Lithuania. The article also analyses the Tečka application, which was used for analogous purposes in the Czech Republic, in terms of its legal basis and problems related to the legality of human rights violations. The critical analytical method allows for an analysis of Lithuanian and Czech legislation on the management of the pandemic, the establishment of so-called green passports, and the relevant jurisprudence of the courts, leading to well-grounded conclusions. This method is also employed in the analysis of scientific literature, which allows concerns to be revealed regarding data protection in the process of the execution of the above-mentioned provisions. The comparative method allows the authors to compare the practice of the selected two states in the management of the pandemic and in the adoption of green passports. The article concludes that both documents regarding health status during the COVID-19 pandemic had similar aims and were introduced at similar times. However, the legal regulation of the Lithuanian OP has not yet been analysed by the courts. In Lithuania, the legality of the OP was questioned based on the fact that the relevant law on the protection of public health contains only succinct provisions on the limitation of human rights in such situations, and the question remains as to whether these provisions were sufficient for such limitations. In the Czech Republic, the concern was raised about the authority of the Ministry of Health to issue such documents as it had no legal basis. Furthermore, questions of privacy in the context of the Czech health passport were also pertinent.

Denmark

Barkane, Irena et al, ‘The Legal Implications of COVID-19 Vaccination Certificates: Implementation Experiences from Nordic and Baltic Region’ in New Legal Reality: Challenges and Perspectives. II (University of Latvia Press, 2022) 209–223
Abstract: EU Digital green certificates were initially envisaged as a joint EU initiative to facilitate free movement during the pandemic. However, many countries rapidly extended their use in different contexts at the national level, raising serious ethical and legal concerns and questions, in particular, on how to strike a right balance between the interests of the individual and the interests of society. The paper aims to explore the legal implications of using vaccination certificates at the national level, in particular by exploring and comparing practices in selected Nordic and Baltic countries. The article emphasises that, despite COVID-19 crises, the governments should protect fundamental rights and values and when deciding on new restrictions carefully assess their necessity and proportionality. National responses call for a new regulatory framework to ensure responsible use of digital technologies in public interests.

Bigg, Carolyn et al, ‘Facial Recognition Technology: Supporting a Sustainable Lockdown Exit Strategy?’ [2020] (June) Computers and Law 23–32
Abstract: Considers the key aspects of data protection law concerning the adoption of facial recognition technology (FRT) as part of measures to help businesses restart following the COVID-19 pandemic lockdown, focusing in particular on examples in Ireland, Denmark and China. Discusses the more established use cases for FRT and the key considerations on whether its use is lawful.

Cathaoir, Katharina Ó, ‘Danish Legal Strategies for Fighting COVID-19 (2020−2021)’ in Arianna Vedaschi (ed), Governmental Policies to Fight Pandemic: The Boundaries of Legitimate Limitations on Fundamental Freedoms (Brill, 2024) 159–179
Abstract: The country’s legal approach must be examined separately to public health successes. This contribution outlines and analyses the Danish legal strategies to tackling the COVID-19 pandemic (2020−2021). Denmark – unlike certain European neighbours – does not have a constitutional emergency frame- work. Instead, the pandemic has primarily been dealt with through an Act of Parliament – the Communicable Diseases Act (Epidemiloven) – and a wide range of executive orders issued by the Minister for Health, as well as other ministries.

Erkkilä, Tero, Juho Mölsä and Ella Vähäniitty, ‘Nordic Legal Overseers and Institutional Openness in Crises: Challenges and Adaptation during the COVID-19 Pandemic’ [2024] Scandinavian Political Studies (advance article, published online 3 November 2024)
Abstract: We analyze challenges and adaptation strategies of Nordic legal overseers, the Parliamentary Ombudsmen and Chancellors of Justice in Denmark, Finland, Norway and Sweden, amid the COVID-19 crisis. We study how the accountability capacities of the legal overseers were affected when standard practices of inclusive decision-making were severed, and how they adapted to these challenges. Furthermore, we seek to understand what explains observed variation in the degree of challenges and needed adaptation measures. The observed challenges include increased and sometimes politicized caseload, limited expertise in medical field and conflicting or underdefined mandates among the institutions. The challenges and adaptation were conditioned by institutional traditions and ad-hoc arrangements in crisis management. In Finland and Sweden, the legal overseers became prominent sites for legal and public accountabilities of crisis governance and experienced more acute organizational challenges from increased and politicized caseloads as actors were seeking alternative accountability forums when participation and openness were severed. In Norway and Denmark, where other institutions were prominent in overseeing crisis governance and its legality, the legal overseers had a more pressing need to adapt for an evolving organizational landscape with new ad-hoc arrangements to oversee crisis management. Contributing to institutional approach on accountability and ombudsman research, we find a dynamic relationship between the government openness and legal oversight where the constraints for openness in crisis governance led to various challenges for the legal overseers’ accountability capacities but to which they adapted by promoting openness as a right as well as an enabling mechanism for other accountability institutions.

Gøtze, Michael, ‘Digitally Ready Legislation in Danish Law: The Strengths and Weaknesses of Digital Simplicity in New Legislation’ in Russell L Weaver, and Herwig CH Hofmann, Digitalisation of Administrative Law and the Pandemic-Reaction (Cambridge Scholars Publishing, 2022) 132

Haug, Are Vegard (ed), Crisis Management, Governance and COVID-19: Pandemic Policy and Local Government in the Nordic Countries (Edward Elgar, 2024) [OPEN ACCESS E-BOOK]
Book summary: This topical book presents a bottom-up perspective on the crisis management, policies, organisation and functioning of democracy across five Nordic countries during the COVID-19 pandemic. Based on a four-year comparative study of Denmark, Finland, Iceland, Norway and Sweden, it considers the divergent local and regional management strategies employed as the crisis unfolded. Chapters consider how the pandemic jeopardised the Nordic countries’ high levels of decentralisation and citizen trust in government institutions, and the devolution of functions to local government. They explore the severe and restrictive measures employed to control the spread of the virus, and whether these evolving regimes respected civil rights and the principles of subsidiarity and proportionality. Brought together under the overarching perspective of institutional polycentrism, the book draws on a variety of theoretical strands, including theories of multi-level governance, crisis management, and organisational dependency. With empirical data, population and leader surveys and country case-studies, it presents the experiences of Nordic citizens and examines whether their trust in government was sustained or eroded.

Kjær, Gundula, ‘Denmark: Food Inspections During the Covid-19 Crisis’ (2020) 15(3) European Food & Feed Law Review 260–261
Abstract: The article discusses food inspections during the Covid-19 crisis. Topics include during the Covid-19 crisis, the Danish Veterinary and Food Administration (DVFA) has continued its inspection tasks of food business operators, though at a very low scale; the DVFA inspections have been carried out either at the food business operators’ premises, as usual, or virtually, via video calls; and DVFA will start by giving guidance on the new requirements instead of sanctioning potential non-compliance.

Kühle, Lene and Anne Lundahl Mauritsen, ‘Prioritising Community Spirit over Freedom of Religion During the Pandemic: The Case of Denmark’ in Brian Conway et al (eds), Religion, Law, and COVID-19 in Europe: A Comparative Analysis (Helsinki University Press, 2024) 295–312 [OPEN ACCESS E-BOOK]
Abstract: The handling of the COVID-19 pandemic by the Danish state and society has generally received praise. The actions taken by the Danish authorities efficiently curbed the death rates and the population generally accepted the restrictions put on public and collective aspects of their lives as they were performing what in Danish was named samfundssind (community spirit/civic consciousness). The practice of samfundssind also prevailed among religious communities, who adhered with very few complaints to the complete closing of all places of worship for the public during the first lockdown and the extremely bureaucratic rules of limitations during the later lockdowns. In this analysis of the pandemic’s impact on religious life in Denmark, we present three key findings: (a) we present how minority groups struggled with achieving a positive public perception, (b) we show that the usual privileged position of the Evangelical Lutheran Church in Denmark (ELCD) was more or less nullified by the strict restrictions of the government, and (c) we argue that ELCD was therefore subjected to the same restrictions as the minority religious groups. It was also clear that many of these restrictions were formulated on the basis of an understanding of the ELCD as the default form of religion in Denmark.

Lind, Yvette, ‘Allocating COVID-19 State Aid Equitably: The Case of Denmark’ (SSRN Scholarly Paper No ID 3670653, 10 August 2020)
Abstract: Recently, individual states have decided to restrict COVID-19 financial aid measures to those who have paid taxes to said state thus generally excluding those who are working cash-in-hand/unreported employment, unemployed, students, or retired. This contribution assesses COVID-19 financial support packages with an emphasis on common state aid features targeting individuals with the intention to critically evaluate if, when, and how these measures discriminate against the socio-economic status of the recipient. The impact that COVID-19 has had on income-generating activities is especially harsh for unprotected workers and the most vulnerable groups in the informal economy. The preliminary results of this study indicate that impoverished and vulnerable groups such as immigrants, cash-in hand workers/unreported workers, unemployed, students, and pensioners are not only at risk of losing their sources of income due to the pandemic´s economic effects, but they are also excluded from receiving crucial financial aid. This illustrates that there is great need for a revision of national COVID-19 policies and budget allocations to ensure a more equitable protection of individuals.

Lind, Yvette, ‘Sweden and Denmark Incorporate Anti-Tax-Avoidance Rules into Very Different COVID-19 Responses’ (2020) 98(10) Tax Notes International 1127–1133
Abstract: After initially focusing on the medical aspects of the coronavirus, many jurisdictions have begun instituting economic measures to mitigate the economic consequences of the pandemic and prepare for the financial crisis that will unavoidably follow in its wake. Because these solutions are still in their infancy, states have generally focused on short-term solutions such as offering various financial support packages to both individuals and companies for 2020 and 2021. This paper concerns EU state aid packages implemented in Sweden and Denmark. Despite being closely connected in both geography and law, with their legal systems sharing many important characteristics, the two member states have taken different approaches to the pandemic. Denmark was among the first states to close both its borders and its society, with the government implementing far-reaching protocols on social distancing. Meanwhile, Sweden left its borders and society open and relied on its citizens’ common sense to limit transmission of the coronavirus. This explains why Denmark had to enact various state aid measures relatively early while Sweden is still processing its economic response. Denmark has also instituted state aid measures that are more generous and far-reaching than those that have been proposed by the Swedish government (at least thus far). However, despite the differences between the two states, both have decided to implement anti-tax-evasion agendas.The two states have reacted differently in terms of economic support measures, in part because of the conflicting approaches to social distancing. The paper focuses on these differing approaches to state aid, particularly measures that the governments provide through the tax system. The highly debated Danish decision to exclude tax-evading companies from COVID-19 aid — a move that Sweden and several other states followed — is given particular attention. The paper concludes that both states must take steps to more clearly delineate their rules excluding tax-evading companies from COVID-19 aid to ensure that these provisions remain applicable and adhere to the principle of legal certainty.

Estonia

Barkane, Irena et al, ‘The Legal Implications of COVID-19 Vaccination Certificates: Implementation Experiences from Nordic and Baltic Region’ in New Legal Reality: Challenges and Perspectives. II (University of Latvia Press, 2022) 209–223
Abstract: EU Digital green certificates were initially envisaged as a joint EU initiative to facilitate free movement during the pandemic. However, many countries rapidly extended their use in different contexts at the national level, raising serious ethical and legal concerns and questions, in particular, on how to strike a right balance between the interests of the individual and the interests of society. The paper aims to explore the legal implications of using vaccination certificates at the national level, in particular by exploring and comparing practices in selected Nordic and Baltic countries. The article emphasises that, despite COVID-19 crises, the governments should protect fundamental rights and values and when deciding on new restrictions carefully assess their necessity and proportionality. National responses call for a new regulatory framework to ensure responsible use of digital technologies in public interests.

Erikson, Merle and Irene Kull, ‘Implications of Alteration of Balance of Contractual Obligations Due to COVID-19 on Employment and Civil Law Contract under Estonian Law’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: Following the spread of COVID-19 to Estonia in the beginning of March 2020, the Government declared an emergency situation from 12th March 2020. For officially and voluntarily closed businesses, staff reductions, reduction of remuneration or working load, the amendment or termination of the employment and other contracts for work or services became one of the legal measures in preventing larger damages. The aim of the paper is to answer the question under what conditions the affected party may demand amendment of an employment contract and civil law contract – on the example of a contract of mandate – in order to restore the original balance of the obligations, and terminate the contract, in order to assess the level of protection of parties interests. The comparison of an employment contract and a contract of mandate is based on legal provisions of Estonian law regulating the legal consequences of change or circumstances, which leads to the alteration of balance of contractual obligations in an emergency situation, like it was caused by COVID-19.

Härmand, Karin Sein-Kai, ‘Impact of Covid-19 Pandemic on Contractual Relationships: The Case of Estonia’ [2020] Opinio Juris in Comparatione (pre-print)
Table of contents 1. General contract law rules: restrictions due to the Covid-19 pandemic as forcemajeure 2. Adaptation or termination of contracts due to Covid-19 pandemic under the doctrineof change of circumstances 3. Regulatory allocation of risks for specific contract types 4. New regulatory provisions due to the pandemic crisis?5. Contractual clauses used in practice and their impact on contractual allocation of risks. :

Jakobson, Mari-Liis and Leif Kalev, ‘COVID-19 Crisis and Labor Migration Policy: A Perspective From Estonia’ (2020) 2 Frontiers in Political Science Article 595407
Abstract: Crises can function as catalysts for policy change, but change depends on multiple factors such as the actual content of the event, the agenda-setting power of the advocates of change, and their abilities to foster advocacy coalitions and break up policy monopolies. The COVID-19 crisis is an event that halted virtually all movement, including labor migration across the world, thus having great potential to act as a major focusing event. This article will look into the possibilities of this crisis to induce permanent labor migration policy change based on the case of Estonia. The article thus contributes to the literature on migration policy change from the Central and East European perspective.

Kõve, Villu and Karin Leichter-Tammisto, ‘The Emergency Situation in Estonia, Fundamental Rights and the Rule of Law’ in Rainer Arnold and Javier Cremades (eds), Rule of Law and the Challenges Posed by the Pandemic (Springer, 2023) 145–149
Abstract: The pandemic caused by the spread of Covid-19 came as as a shock to Estonian judiciary as well as everyone else. Firstly, this article shares thoughts on fundamental rights and the principle of the rule of law in the emergency situation in general as this twenty-first century crisis raised the polarized and multifaceted question of freedom and responsibility. Unfortunately, people had to learn the hard way how valuable it is to live in a free society and have the possibility to things in their preferred way. When these freedoms are taken away or are restricted, a question of obligations and the extent of solidarity is inevitable. One person’s freedom ends where another person’s freedom begins and this applies inter alia to freedom of speech. Secondly, as to the Estonian perspective on the matter—ensuring the work of the court system during the pandemic became a difficult task for the courts. Although during the emergency situation different restrictions were imposed, the administration of justice continued. The Council for Administration of Courts in Estonia began to find solutions how to ensure the work of the courts and grant the parties of the proceedings the right to a fair trial. Finally, many complaints against the restrictions imposed by the Government regarding public gatherings or vaccination were contested in courts. A brief overview of the nature of these complaints is given.

Marszałek-Kawa, Joanna and Kateryna Holovko, ‘The Limitations of Human and Civil Rights in the Era of the COVID-19 Pandemic and the Activity of the State and Law: The Case of Estonia’ (2023) 7(1) Bratislava Law Review 89–100
Abstract: Restrictions in the sphere of civil rights and freedoms introduced by governments led to the numerous demonstrations of citizens in the whole world. During street protests, they expressed their disapproval of the radical measures taken by authorities. The main research problem of this paper relates to the impact of repression on the course of social protest using the example of Estonia. The findings of the study will serve as the basis for formulating more general conclusions concerning protests in the pandemic era. We will describe repressive and non-repressive protest policing from the spring of 2020 to the autumn of 2021. Having in mind the above, we formulated two principal research aims. The first of them refers to the identification of the main reasons behind the organisations of protests in Estonia and what steps the demonstrators took. The other, equally important research aim is to establish what factors influenced the course of demonstrations. In particular, the response of the police to civil disorder will be analysed. The thesis posed in this paper assumes that the high level of political culture, resulting in trust in the institution of the state, contributes to the de-escalation of protests and influences the non-repressive behaviour of the police towards demonstrators. The method used in this study is the qualitative source analysis text analysis. It draws on the technique of content analysis of the specific media coverage of the activities of the police and protest participants during the indicated period. The study rests on the reports that appeared on the most important websites and Internet portals reporting on the course of the protests.

Musiał-Karg, Magdalena and Izabela Kapsa (eds), Elections in Times of a Pandemic: Dilemmas and Challenges: Experiences of the European Countries (Brill, 2024)
Abstract: The COVID-19 pandemic demonstrated that unexpected and unpredictable situations can hinder the conduct of general elections around the world. The book is a comprehensive analysis of the organization of elections during the COVID-19 pandemic. In addition to the theoretical perspective, it familiarizes the public with specific electoral solutions adopted during the pandemic in selected European countries (Italy, Germany, Lithuania, Serbia, Russia, Czech Republic, Estonia, Latvia, Liechtenstein, Poland). The editors believe that this book will bring closer the specific solutions adopted in the considered countries during the COVID-19 pandemic and provide readers with a multi-faceted understanding of elections in emergency situations.

Rohtmets, Priit, ‘Is Our Religious Freedom in Danger? Impact of the COVID-19 Pandemic on Religion in Estonia’ in Brian Conway et al (eds), Religion, Law, and COVID-19 in Europe: A Comparative Analysis (Helsinki University Press, 2024) 207–227 [OPEN ACCESS E-BOOK]
Abstract: Estonia is a highly secularised country, where religious legislation is very liberal and the state’s interference in religious affairs has for the last 30 years been minimal. I suggest in this chapter that, although the restrictions that were imposed in Estonia during the COVID-19 pandemic cannot be considered disproportionate, and that during the first wave of coronavirus in 2020 religious organisations were in favour of the limitations, this nevertheless turned out to be a challenge for them, because for the first time in decades the state interfered in religious affairs. In addition, during the pandemic a heated and dividing value debate about the legislation on same-sex unions was going on in Estonian society. In spring and autumn 2020, during the first and second waves of the virus, the question of whether the state has the right to limit religious activity resulted in a confrontation between various factions within religious groups as well as between religious associations and the state. In connection with the restrictions implemented, the question of respecting religious freedom as well as the proportionality of the restrictions were raised in Estonian public media. In this chapter I analyse the position of the Estonian state and various religious institutions during the time of the coronavirus and the discussions held in Estonian society during different phases of the COVID-19 pandemic. In addition to that, I focus on the impact of the pandemic to people’s religiosity and the ‘digital revolution’ in the churches.

Vutt, Andres and Margit Vutt, ‘Adoption of Shareholder Resolutions in Post-COVID Era. Example of Estonian Law’ in New Legal Reality: Challenges and Perspectives. II (University of Latvia Press, 2022) 445–458
Abstract: In 2020, the COVID-19 pandemic forced the world to find the right balance between protecting health, minimizing economic and social disruption and retaining the rights of individuals. States imposed a number of restrictions in order to prevent the spread of the pandemic, including restrictions on the movement of persons and restrictions on gathering. Traditionally, shareholders’ meetings of companies have been taken place in the form of physical meetings. Company law also been based on the assumption that meetings are held physically. In the new situation, it was no longer possible to hold meetings in this way, at least for some time. This forced companies to use digital solutions. The legislator was also faced with the question of how to resolve this situation. Different countries reacted differently in order to find company law solutions. In Estonia, new rules were adopted in May 2020 that allowed legal persons to adopt decisions using digital solutions, among other things, it is allowed to make decisions in a full virtual meeting. The central question in the way companies make decisions is whether the use of virtual solutions is possible, but whether the law provides companies with sufficiently flexible options, which would enable decisions to be taken in the light of the specificities and needs of each company and whether such practices ensure the exercise of shareholders’ rights. This article analyses whether and how these objectives have been achieved in Estonian law. There are three ways to adopt company’s resolutions in Estonia: a meeting, a written resolution or a vote by letter. Meetings can take place physically, virtually or in a hybrid form. It is not possible to infringe the rights of the shareholder in making a written resolution, since if such a method is used, the resolution decision is adopted only if all shareholders agree. In the case of voting by letter, the law does not take into account the fact that in a shareholder of a public limited company has the right to receive information from directors only at the general meeting. Therefore, the future case-law must lay down the principles of communication between the shareholder and the public limited company in the situation when the resolution has been adopted by using such option. The law stipulates that if digital means are used to hold a meeting, shareholders must be guaranteed all the same rights as they have in the event of a physical meeting. Since these rules have been in force only for a short period of time, there are no court cases based on them. Although the legal literature has been expressed some views on the use of digital solutions, it is not yet known how the courts will resolve these issues if disputes arise.

Finland

Ahonen, Pertti, ‘Finland’s Responses to COVID-19: Uneven, Fairly Effective, and Craving to Return to Normal’ in M Jae Moon and Dong-Young Kim (eds), Policy Responses to the COVID-19 Pandemic (Routledge, 2024)
Abstract: This chapter examines how the Finnish government handled the pandemic crisis by focusing on the roles of local governments and health communities. This chapter also discusses the Finnish politics of COVID-19. Health care in Finland is essentially a responsibility of the self-governing municipalities, which draw the bulk of their revenue from the local income tax, although there is also statutory occupational health care, a system of health care for students at universities and in polytechnic higher education, and commercial health care providers. During the pandemic, the capacity of Finland’s health care sufficed reasonably well in terms of COVID-19 testing, COVID-19 care at homes, COVID-19 care in the inpatient clinics of municipal health centers, analogous care in the central hospitals and university hospitals both run by associations of municipalities, and intensive COVID-19 hospital care and vaccinations. In the fight against the pandemic, the Finnish municipal sector worked remarkably independently, supported by major government funding paid to the municipal sector in the capacity of a major extraordinary grant. However, the pandemic has also revealed important fault lines in Finnish politics and society. Socially isolated people have been hit hard, as have many of those working in vulnerable sectors.

Bunikowski, Dawid and Robert Musiałkiewicz, ‘The Principles of Subsidiarity and Decentralisation During the COVID-19 Pandemic, with Particular Emphasis on the Polish and Finnish Legal Systems’ (2022) 28 Comparative Law Review 71–106
Abstract: The article focuses on the principles of subsidiarity and decentralisation during the COVID-19 pandemic, with particular emphasis on the Polish and Finnish legal systems (both countries in the Baltic Sea Region). How were those constitutional principles concerning self-government ‘treated’ (dealt with) by public authorities? It analyses the principles of subsidiarity and decentralisation, interpretations of the principle of decentralisation in both Poland and Finland, relations between the state and local self-government, cooperation between the government and self-government administration in combating the pandemic in selected countries, and Polish and Finnish regulations during the pandemic. Methodologically speaking, many different methods and sources are applied. The methodological approach is analytical (analysis of legal acts, literature, media releases and different reports), but also empirical (observation of reality). The thesis is that the principles of subsidiarity and decentralisation during the COVID-19 pandemic were commonly disregarded during the pandemic.

Brunila, Tuukka, ‘Legislation, Emergencies and the Need for Swift Action: Tensions between the Executive Branch and Emergency Legislation during the COVID-19 Pandemic in Finland’ (2025) 13(1) The Theory and Practice of Legislation 31–49
Abstract: In this article, I analyse the tensions between the need for swift action and enactment of emergency legislation during Finland’s COVID-19 pandemic response. I focus on how this demand for the executive branch to take swift and decisive action met and clashed with the temporal (in)efficiency of emergency legislation. A legalist emergency measures theory is developed to approach this issue in the context of the Finnish emergency regime, which is legalist in principle. Legalist emergency regimes are those that (1) require emergency measures to be grounded in law, (2) seek to legislate emergency powers in advance, and (3) necessitate that legislation is active during emergencies. Based on reports regarding the executive branch’s actions during the pandemic, I discuss issues regarding the alleged slowness of legislation during emergencies. The article seeks to further develop the theoretical discussion on the temporal aspects of emergency measures.

Erkkilä, Tero, Juho Mölsä and Ella Vähäniitty, ‘Nordic Legal Overseers and Institutional Openness in Crises: Challenges and Adaptation during the COVID-19 Pandemic’ [2024] Scandinavian Political Studies (advance article, published online 3 November 2024)
Abstract: We analyze challenges and adaptation strategies of Nordic legal overseers, the Parliamentary Ombudsmen and Chancellors of Justice in Denmark, Finland, Norway and Sweden, amid the COVID-19 crisis. We study how the accountability capacities of the legal overseers were affected when standard practices of inclusive decision-making were severed, and how they adapted to these challenges. Furthermore, we seek to understand what explains observed variation in the degree of challenges and needed adaptation measures. The observed challenges include increased and sometimes politicized caseload, limited expertise in medical field and conflicting or underdefined mandates among the institutions. The challenges and adaptation were conditioned by institutional traditions and ad-hoc arrangements in crisis management. In Finland and Sweden, the legal overseers became prominent sites for legal and public accountabilities of crisis governance and experienced more acute organizational challenges from increased and politicized caseloads as actors were seeking alternative accountability forums when participation and openness were severed. In Norway and Denmark, where other institutions were prominent in overseeing crisis governance and its legality, the legal overseers had a more pressing need to adapt for an evolving organizational landscape with new ad-hoc arrangements to oversee crisis management. Contributing to institutional approach on accountability and ombudsman research, we find a dynamic relationship between the government openness and legal oversight where the constraints for openness in crisis governance led to various challenges for the legal overseers’ accountability capacities but to which they adapted by promoting openness as a right as well as an enabling mechanism for other accountability institutions.

Ervo, Laura, ‘Insolvency Law and Covid-19: The Finnish Example on Tackling the Pandemic’ in Nadia Mansour and Lorenzo M. Bujosa Vadell (eds), Finance, Law, and the Crisis of COVID-19: An Interdisciplinary Perspective (Springer, 2022) 123–137
Abstract: The Finnish legislature has acted quickly to enact several temporary changes to the country’s insolvency law in the wake of the Covid-19 pandemic. These changes are intended to protect debtors who are suffering financially from the consequences of the pandemic. There are temporary adjustments in bankruptcy legislation as well as in enforcement law. Additionally, there are temporary restrictions on the maximum interest rate and direct marketing of consumer credit. Since the beginning of 2021, the Collection Act has also temporarily contained detailed provisions on the collection costs of non-consumer receivables.The mitigation efforts, made possible by temporary legislation, have already been used actively in the execution of enforcements. Especially applications for grace-free months and relief applications have increased. The legislature has extended the temporary validity of this ‘Covid-19 legislation’ in the different fields of insolvency law already several times.In this article, those temporary changes are introduced and discussed in the Finnish context of insolvency law.

Farzamfar, Mehrnoosh, Janne Salminen and Janna Tuominen, ‘Governmental Policies to Fight Pandemics: Defining the Boundaries of Legitimate Limitations on Fundamental Freedoms: National Report on Finland’ in Arianna Vedaschi (ed), Governmental Policies to Fight Pandemic: The Boundaries of Legitimate Limitations on Fundamental Freedoms (Brill, 2024) 180–203
Abstract: In Finland, the first cases of COVID-19 were reported in early 2020. At that time, the Ministry of Social Affairs and Health and the Finnish Institute for Health and Welfare were the key actors responding to this disease. In late February 2020, this Ministry established a working group for coordinating actions against COVID-19. Thereafter, the Finnish Government, together with the President, declared a state of emergency based on the Emergency Powers Act (valmi- uslaki 1552/2011).1 From there, the Government issued first decrees by relying on the competences established under the declaration of emergency.2 The use of emergency powers based on the Emergency Powers Act has occurred twice during the COVID-19 pandemic: first, between 16 March 2020 and 16 June 2020, and for the second time, between 01 March 2021 and 27 April 2021.3 During the non-emergency times of the pandemic, other temporary changes happened at legislative level, the most notable ones to the Communicable Diseases Act (tartuntatautilaki, 1227/2016).

Haug, Are Vegard (ed), Crisis Management, Governance and COVID-19: Pandemic Policy and Local Government in the Nordic Countries (Edward Elgar, 2024) [OPEN ACCESS E-BOOK]
Book summary: This topical book presents a bottom-up perspective on the crisis management, policies, organisation and functioning of democracy across five Nordic countries during the COVID-19 pandemic. Based on a four-year comparative study of Denmark, Finland, Iceland, Norway and Sweden, it considers the divergent local and regional management strategies employed as the crisis unfolded. Chapters consider how the pandemic jeopardised the Nordic countries’ high levels of decentralisation and citizen trust in government institutions, and the devolution of functions to local government. They explore the severe and restrictive measures employed to control the spread of the virus, and whether these evolving regimes respected civil rights and the principles of subsidiarity and proportionality. Brought together under the overarching perspective of institutional polycentrism, the book draws on a variety of theoretical strands, including theories of multi-level governance, crisis management, and organisational dependency. With empirical data, population and leader surveys and country case-studies, it presents the experiences of Nordic citizens and examines whether their trust in government was sustained or eroded.

Häyry, Matti, ‘The COVID-19 Pandemic: Healthcare Crisis Leadership as Ethics Communication’ (2021) 30(1) Cambridge Quarterly of Healthcare Ethics 42–50
Abstract: Governmental reactions to crises like the COVID-19 pandemic can be seen as ethics communication. Governments can contain the disease and thereby mitigate the detrimental public health impact; allow the virus to spread to reach herd immunity; test, track, isolate, and treat; and suppress the disease regionally. An observation of Sweden and Finland showed a difference in feasible ways to communicate the chosen policy to the citizenry. Sweden assumed the herd immunity strategy and backed it up with health utilitarian arguments. This was easy to communicate to the Swedish people, who appreciated the voluntary restrictions approach and trusted their decision makers. Finland chose the contain and mitigate strategy and was towards the end of the observation period apparently hesitating between suppression and the test, track, isolate, and treat approach. Both are difficult to communicate to the general public accurately, truthfully, and acceptably. Apart from health utilitarian argumentation, something like the republican political philosophy or selective truth telling are needed. The application of republicanism to the issue, however, is problematic, and hiding the truth seems to go against the basic tenets of liberal democracy. :

Herbinger, Paul Luca and Norbert Leonhardmair, ‘Domestic Abuse During the Pandemic’ [2021] (Special Conference Edition 5) European Law Enforcement Research Bulletin 69–81
Abstract: From the onset of lockdown measures in response to the COVID-19 pandemic, experts and frontline responders alike warned of the detrimental impact these measures may have on the prevalence and intensity of Domestic Abuse. Early statistics issued by police and social sector organisations did not always, however, paint a clear picture corroborating this assumption. Data collected during the early stages of the pandemic for a special report to the European Commission by the EU-IMPRODOVA project, indicated similar divergent trends in the effect of lockdown measures on Domestic Abuse. This paper explores four case studies from the IMPRODOVA report (Austria, Finland, Hungry and Portugal) and develops three hypotheses to make sense of heterogenous data on Domestic Abuse during the pandemic. After identifying possible statistical artefacts, as well as socio-legal and sector specific influences on detection and enumeration as probable causes, this paper discusses the centrality of differentiating among types of Intimate Partner Violence as the key to making sense of such heterogenous data. Pointing to the structural analogies between lockdown-settings and Coercive Controlling Violence, we argue that divergence between the stagnation or decline in police data and the universal increase of calls to the social sector, must be understood as the strengthening of perceived control by perpetrators over victims of Domestic Abuse in the short-term during lockdown. By the same logic, service uptake in the medium and long-term can be explained by a perceived loss of control by perpetrators as lockdown measures are relaxed. Finally, we argue that identifying this dynamic of risk and delayed reporting is central to the development of adequate interventions and responses by frontline responders in the ongoing pandemic.

Jilkine, Vladimir, ‘COVID-19 Pandemic and Changes to Finland’s Legislation in Line with the WHO Guidelines’ (2022) 22(1) SOCRATES: Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 13-23
Abstract: The article analyses new legislative amendments in Finland, including an interim amendment to the Infectious Diseases Act, which aims to protect the life and health of clients and patients using social and medical services. The rapid spread of the number of cases of coronavirus infection in Finland, including the new Omicron strain, required urgent measures and new amendments to the legislation. Therefore, in the context of the overall fight against the coronavirus pandemic in the world, these provisions of the Finnish Constitution are a transition from the absolute priority of universally recognised norms of international law to the priority of the Basic Law, subject to the condition of the inadmissibility of guaranteed restriction of human rights. Finland’s desire to comply with the global integration processes in the context of persisting risks of the spread of coronavirus infection has led to digital harmonisation of legislation and legal norms in accordance with the principles of international law. The amendments to Finnish legislation were based on the enshrined provisions of the Constitution and the existing international legal framework, considering possibilities for responding to pandemic and transboundary emergencies in accordance with WHO guidelines.

Ketola, Kimmo, ‘The Impact of the COVID-19 Pandemic on Religious Communities in Finland’ in Brian Conway et al (eds), Religion, Law, and COVID-19 in Europe: A Comparative Analysis (Helsinki University Press, 2024) 313–334 [OPEN ACCESS E-BOOK]
Abstract: The COVID-19 pandemic reached Finland at the beginning of 2020. During the pandemic the Finnish government restricted citizens’ basic constitutional rights in a manner that was entirely exceptional for the post-war years. This chapter focuses on how the various measures to curb the pandemic affected religious communities and religious life in Finland. The Finnish situation was made more complex by the special relationship between the state and the two national churches, which operate under public law but are nevertheless administratively independent of the state. The various legal exemptions for religious life from state regulation meant government restrictions on public gatherings and businesses did not apply to worship and other religious gatherings. Nevertheless, the majority churches and other religious communities adhered closely to the state regulations on their own initiative. The lack of government restrictions therefore did not mean the pandemic had no effect on religious life. The article describes how the religious communities adjusted their activities in some rather drastic ways during the shutdown periods.

Kivivuori, Janne and Katri Kärkkäinen, ‘Violent Crime in Finland During the First Year of the COVID-19 Pandemic’ in Dina Siegel, Aleksandras Dobryninas and Stefano Becucci (eds), Covid-19, Society and Crime in Europe (Springer, 2022) 259–278
Abstract: This chapter explores if and how the Covid-19 pandemic influenced the patterns of violent crime in Finland. We focus on recorded violent crime in 2020, using the three preceding years 2017–2019 as a comparison base. Most examined crime types were more frequent in 2020 than in the comparison period. The decrease of public place assaults was an exception. The annual trend of public place assaults followed lockdown stringency, with a major crime drop in spring, followed by a return to ‘normalcy’ in summer and fall. To a degree, we observed this pattern in the within-year cycle of other violent crimes as well, with the exception of homicide. We discuss whether some types of violence rebounded to above-‘normal’ levels after the relaxation of lockdown stringency. In addition to administrative statistics, we draw on self-report and victim surveys to examine possible lockdown effects.

Korkea-aho, Emilia and Martin Scheinin, ‘“Could You, Would You, Should You?” Regulating Cross-Border Travel Through COVID-19 Soft Law in Finland’ [2021] European Journal of Risk Regulation (advance article, published 9 February 2021)
Abstract: In the context of the Coronavirus pandemic that has swept the world, the Finnish Government, like many of its peers, has issued policy measures to combat the virus. A significant number of these measures have been implemented by legal acts, including measures taken under the Emergency Powers Act, or otherwise by decisions of ministries and regional and local authorities in their exercise of powers provided by the law. However, some parts of the governmental policy measures have been implemented through non-binding guidelines and recommendations. Using border travel recommendations as a case study, this Article critically evaluates governmental decision-making in relation to non-binding but restrictive measures. The Government’s inexperience with what may be thought of as soft law resulted in much confusion among the public and instigated a steep learning curve for the Government. Some of the problems can be explained as resulting from inadequate preparation and the need to act rapidly towards a legitimate aim, in particular in furtherance of the rights to life and health. That said, the debacle over the use of soft law to fight a pandemic in Finland revealed that there are fundamental misunderstandings about the processes and circumstances under which instruments conceived as soft law can be issued, as well as a lack of attention to their effects from a fundamental rights perspective. :

Kotkas, T et al, ‘Finland: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2023)
Abstract: With a population of a little over 5.5 million inhabitants, Finland has coped with the Covid-19 pandemic with relatively few fatalities. By 30 August 2021, 123,635 infections and 1,018 Covid-19-related deaths had been reported. In terms of infections, the pandemic in Finland has occurred in four waves. The first started in mid-March 2020 and it was over by the end of June 2020. During that period, 7,269 infections were reported. The second wave started gradually in August, reaching its peak in the first half of December 2020. By then, a total of some 30,000 infections had been reported. There was a sudden decline in the number of cases until they began to increase again during the second week of January 2021. The third wave reached its peak in late-March 2021. By then, the cumulative number of infections was around 73,000. The third wave had blown over by late-June 2021 when the number of infections began to rapidly rise again—this time due to the Delta variant. The peak of the fourth wave was in mid-August 2021. The number of daily deaths followed the number of infections during the first and second wave. However, when the third wave of infections began, the number of daily deaths kept decreasing. This is, of course, due to the vaccinations that started in Finland at the end of December 2020. The responsibility to organize adequate health and medical services is vested in the municipalities—currently 309 of them. However, specialized medical treatment in hospitals, including regular hospital care and intensive care of Covid-19 patients, is provided by hospital districts—currently 21 of them—to which each municipality must belong. Covid-19 patients have also been treated in basic health care units of municipalities. The number of Covid-19 patients in hospital care has followed the number of infections. The daily number of Covid-19 patients in hospital care was at its highest (circa 300) at the end of April 2021.

Sanders, Anne, ‘Video-Hearings in Europe before, during and after the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges. :

Scheinin, Martin, ‘Finland’s Success in Combating Covid-19: Mastery, Miracle or Mirage?’ in Joelle Grogan and Alice Donald (eds), Routledge Handbook on Law and the COVID-19 Pandemic (Routledge, 2021)
Abstract: This paper addresses Finland’s relative success story in combating COVID-19. While Finland did not adopt a clear strategy of suppression, its numbers of cases and deaths have been remarkably low in European comparison. There are explanations for why the country’s ‘hybrid’ strategy has worked in curbing the epidemic without far-reaching restrictions upon human rights or a major blow to the economy. Geographical location, low population density and cultural factors of avoiding close proximity with others have mattered, but also societal choices. Finland has a modern comprehensive catalogue of constitutional rights, reflecting the principle of interdependence between all human rights and including a general positive obligations clause. During COVID-19 it sought to give equal attention to civil and political rights, economic, social and cultural rights, equality rights and the rule of law. This interdependence-based approach is a main explanation of why Finland’s response has, by and large, been human-rights-compatible. Finland provides examples of best practice in designing a framework for emergency powers and preserving the role of Parliament. Nevertheless, during COVID-19 the Emergency Powers Act, as well as the Communicable Diseases Act, have proved not fit for purpose and would require thorough revision to prepare for future pandemics. :

Tedeschi, Miriam, ‘The Body and the Law across Borders during the COVID-19 Pandemic’ (2020) 10(2) Dialogues in Human Geography 178–181
Abstract: Drawing on non-representational theories in geography and beyond, this commentary provides an autoethnographic account of the material and spatial dimensions of the law as well as its effects and affects on bodies in-between two countries, Italy and Finland, during the COVID-19 pandemic.

Vartiainen, Niko and Anssi Keinänen, ‘Measuring the Quality of Law Drafting: Did COVID-19 Weaken Evidence-Based Policy Making in Finland?’ (2024) 45(1) Statute Law Review 1–19
Abstract: This study examined evidence-based law drafting during the coronavirus disease 2019 (COVID-19) pandemic. A total of 311 Finnish government bills from 2020 and 2021 were analysed to detect how urgency and uncertainty caused by the pandemic have been reflected in evidence base utilization in law drafting. The government bills were divided into two groups, COVID-related and non-COVID bills. The difference between the groups was analysed by regression analysis, in which non-COVID bills served as the baseline indicating the level of ‘normal law drafting’. According to the results, there was a statistically significant difference between the groups, which indicates that urgency and uncertainty were associated with less evidence utilization. However, the evidence base utilization was also at an insufficient level in ‘normal law drafting’. Hence, the first step to improve the quality of law drafting in crises situations is to ensure that the main principles of evidence-based decision making are observed in every-day law drafting processes.

France

Al Majed, Bashayer and Abdulaziz Al Majed, ‘Frustration v Imprévision, Why Frustration Is so “Frustrating”: The Lack of Flexibility in the English Doctrine’s Legal Consequence’ (2024) 45(1) Liverpool Law Review 25–48
Abstract: The COVID-19 pandemic and subsequent economic restrictions have placed many contractual parties under great strain to honour their agreements as contracts have become commercially impracticable and excessively onerous. This article explores the legal position in England, France and the Middle East under the doctrine of impossibility, impracticability and unforeseen circumstances. Strongly rooted in contractual autonomy and commercial certainty, this article argues that frustration in English common law is not sufficiently broad because the consequence (automatic discharge) is too rigid and does not allow a renegotiation of obligations. French civil law is more accommodating but only formally adopted imprévision in civil law in 2016, meaning it lacks traction. However, Middle Eastern civil law countries accept the doctrine as an integral part of their law and theory of justice, allowing obligations to be rebalanced in a more flexible manner. The English legal system should consider the advantages of a similar reform.

Avogaro, Matteo, ‘EU Digital Covid Certificate: From a “Gentle Push” for Vaccination to a Condition to Work? Implications and Legacy in the Field of Employment Relationship’ (2022) 15(2) Italian Labour Law e-Journal 1–16
Abstract: The contribution examines the main implications, for employment relationships, of French and Italian national versions of the EU Digital Covid Certificate, utilized as wide-range measures to foster vaccination. First, the Author provides an overview of related strategies adopted in the two countries from mid-2021, and limiting access to workplaces. Furthermore, through a comparative legal analysis aimed to discuss if, in the labour context, French and Italian certificates can be framed as statutory prerequisites to carry out a job, as workplace safety measures, or as a hybrid tertium genus, he attempts to let emerge similarities and differences between the two national strategies. Finally, the last part of the contribution focuses on Italy. It examines more in detail the possible legacy of such exceptional measures to contrast the pandemic, emphasizing the risk of a heterogenesis of purposes.

Basilien-Gainche, Marie-Laure, ‘The French Management of COVID-19: Normalisation of Regimes of Exception and Degradation of the Rule of Law’ in Joelle Grogan and Alice Donald (eds), Routledge Handbook of Law and the COVID-19 Pandemic (Routledge, 2022) 434
Abstract: To cope with the COVID-19 crisis, the French Parliament adopted on 23 March 2020 Statute Law n°2020-290 creating a new emergency powers regime: the ‘state of health emergency’. This, first, confers important powers and wide discretion on the executive branch and the administrative authorities. Secondly, the state of health emergency enables the executive to severely restrict rights and freedoms with minimal checks and balances. To expose how security-focused the management of COVID-19 was in France, this chapter examines the expansion of exceptional regimes under the guise of the pandemic challenge; the escalation of the executive powers that limit and suspend rights and freedoms; and the lack of any genuinely effective institutional oversight.

de Bandt, Olivier, Celine Lecarpentier and Cyril Pouvelle, ‘Determinants of Banks’ Liquidity: A French Perspective on Interactions between Market and Regulatory Requirements’ (Banque de France Working Paper No 782, 2020)
Abstract: The paper investigates the impact of solvency and liquidity regulation on banks’ balance sheet structure. The Covid-19 pandemics shows that periods of sharp increase in risk aversion often result in liquidity strains for banks due to the volatility of long-term funding markets.According to a simple portfolio allocation model banks’ liquidity increases when the regulatory constraint is binding. We provide evidence, using the ‘liquidity coefficient’ implemented in France ahead of Basel III’s Liquidity Coverage Ratio, of a positive effect of the solvency ratio on the liquidity coefficient. We also show that in times of crisis, measured by financial variables, French banks actually decreased the liquidity coefficient, with the transmission channel materialising mainly on the liability side. :

Bonnet, Valérie and Tyler Ratts, ‘The Hard Law of Live: A Case Study on French Sports Channels during COVID-19’ in Paul Pedersen (ed), Research Handbook on Sport and COVID-19 (Edward Elgar, 2022) 113–124
Abstract: The COVID-19 pandemic shifted the approaches of sports channels in providing relevant content to consumers and developing schedules that filled available time slots. This chapter uncovered the programming strategies of French sports channels (i.e., L’Equipe, Canal+ Sport, RMC Sport, Bein Sport, and Eurosport) by evaluating both the semantic (e.g., selection of content) and syntactic (e.g., organization of the television grid) decisions made during this unprecedented time. These two dimensions were intertwined in the choice of programming through the economic, legal, and temporal constraints that impacted scheduling. To combat the limitations from an inability to provide live broadcasting, sports channels offered unique content, including enhanced rebroadcasts and in-depth documentaries, that kept viewers engaged. The analysis highlighted how channels developed a more structured schedule during this time period in an attempt to align with other popular generalist channels and navigate the challenges of the pandemic.

Borghetti, Jean-Sébastien and Hans Schulte-Nölke, ‘Non-Performance and Change of Circumstances under French Law’ in Ewoud et al Hondius and Ewoud et al Hondius (eds), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: A major issue raised by the COVID-19 crisis is whether it constitutes a lawful ground for non-performance or the modification of contracts. French law traditionally took a very strict view on the binding force of contracts and only acknowledged force majeure as a cause of discharge of contract. However, the reform of contract law passed in 2016 has brought some changes and there are now several provisions in the code civil which may justify a discharge or an adaptation of contract in the case of a major change of circumstances. The COVID-19 crisis is now putting these provisions to test. :

Borselli, Angelo and Ignacio Farrando, ‘Corporate Law Rules in Emergency Times Across Europe’ (Bocconi Legal Studies Research Paper No 3759202, 23 September 2020)
Abstract: This paper explores corporate law rules adopted in some European states amidst the COVID-19 pandemic, in order to track the major reform trends and consider how corporate law in Europe has adjusted to the emergency. The analysis focuses primarily on the U.K., Germany, France, Italy and Spain; occasionally, depending also on the relevant rules actually introduced by the states, other systems are considered as well.The paper groups the emergency measures into three main categories that include rules aimed at facilitating shareholders’ meetings and meetings of the board of directors, rules relaxing directors’ duties and liability and giving directors some leeway as companies face unprecedented challenges and uncertainties, and rules designed to support corporate liquidity.The analysis shows that while some points of similarity exist among the emergency rules considered, there are nevertheless numerous differences in their nature, scope, technicalities, and also timing. These differences emphasize a lack of coordination at the European level. The discussion also sheds light on the potential of some emergency measures to call traditional corporate law rules into question and last in what will be the new normal after the crisis. :

Bosek, Leszek, ‘Anti-Epidemic Emergency Regimes under Polish Law in Comparative, Historical and Jurisprudential Perspective’ (2021) 28(2) European Journal of Health Law 113–141
Abstract: Abstract The SARS-CoV-2 crisis of 2020 triggered a number of unprecedented reactions of European states, in particular in the form of either constitutional emergency measures or statutory anti-epidemic emergency measures. Poland chose to deal with the crisis by delegating powers to the executive by ordinary legislative means and declared a nationwide state of epidemic emergency on 13 March 2020 and a week later a state of epidemic on the basis of the Act of 5 December 2008 on preventing and combating infections and infectious diseases. For a century, Poland has been dealing with epidemics by delegating powers to the executive by ordinary legislative means. Anti-epidemic emergency measures were developed under the relevant acts of 1919, 1935, 1963, 2001, 2008 and now form an autonomous normative model authorised directly by Article 68 (4) of the Constitution of the Republic of Poland of 2 April 1997. The Constitution of 2 April 1997 authorises also extraordinary measures in situations of particular danger, ‘if ordinary constitutional measures are inadequate’. This article analyses anti-epidemic emergency regimes under Polish law in a comparative, historical and jurisprudential perspective. :

Cartier, Emmanuel and Patricia Jonason, ‘The Articulation Between Soft Law and Hard Law in the Legal Management of Covid-19 in France and Sweden: Two Asymmetrical Strategies Revealing a Specific “Administrative Citizenship”’ (Working Paper, Södertörn University, Stockholm No 2024:1, 2024)
Abstract: The legal strategies employed by France and Sweden to combat the Covid-19 pandemic differed significantly. Indeed, the articulation of hard law and soft law instruments varied, particularly due to differences in the trust placed by the state in its citizens. Meanwhile, both countries faced the same necessity of implementing efficient and effective standards designed to combat the pandemic. However, the fluctuating context in which these norms were established, along with the difficulty for the intended recipients to distinguish between what was mandatory and what was merely advisory, significantly contributed to the lack of legibility in health regulations in both countries.

Chambas, Estelle and Thomas Perroud, ‘France: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2024)
Abstract: It is widely perceived to be the case that the national response to Covid-19, conferring wide powers on the Government, disrupted the constitutional equilibrium in favour of an even stronger executive.

Davis, Benjamin, ‘COVID-19 Human Endangerment As A Domestic Crime or an International Crime Against Humanity’ (University of Toledo Legal Studies Research Paper, 19 May 2020) (forthcoming)
Abstract: To analyze human endangerment in the COVID-19 pandemic in the United States as a crime, this paper starts with a review of domestic law in a comparative manner. The experience in France with regard to high government officials being charged with domestic crimes for the contaminated blood scandal during the AIDS epidemic is presented and analyzed noting the key legal rules expressed by the French courts in that context. This paper goes on in a comparative approach in the context of the COVID-19 pandemic to examine such criminal liability in the US system with a discussion of the murky and complex issues of qualified immunity. It further highlights the efforts to have legislation passed to provide robust immunity for civil claims. And it posits that these immunities for civil claims likely reduce any likelihood of criminal process for acts and omissions of both public and private actors, except in the most egregious cases.Finding a likely impasse through these mechanisms, the article turns to international law and in particular customary international criminal law to see if it can provide a method of analyzing the human endangerment. Drawing from the Statute of the International Criminal Court as a possible crystallization of certain types of crimes against humanity, I identify particular groups against which such crimes might be seen as being in the process of being perpetrated.But, even if the particular crimes against humanity in the Statute of the International Criminal Court are seen as progressive development rather than crystallization, the article suggests that they are useful tools in helping to have an organize principle as to how to address the monstrous US response to the COVID-19 pandemic.The article ends with examples of how this method can help those concerned with human life to examine in a clear eyed manner the hundreds or thousands of intentional acts being done by public and private actors that endanger human life. And it also points a way as to how to think about the myriad acts being done by persons to protect human life.In the end, the monstrous response is seen as placing populations and particularly vulnerable populations before Hobbesian choices between protecting their health and venturing out into society in a time of uncertain information, uncertain resources, and pressure to reopen and pressure to reopen or lose unemployment or other benefits. :

Deshayes, Olivier, ‘The Impact of Covid-19 Crisis on the French Law of Contract’ [2020] (Special Issue-Impact of Coronavirus Emergency Impact of Coronavirus Emergency on Contract Law) Opinio Juris in Comparatione 1–7
Abstract: The effect of the Covid-19 on contracts comes not as much from the virus itself than from the containment measures imposed by Governments which made it hard, if not impossible, for debtors to perform their obligations. This is why the crisis, as regards contracts, really started in France in the midst of March 2020 when President Macron and Prime Minister Edouard Philippe decided to shut down non-essential businesses, schools, restaurants, theatres, to forbid public gatherings and to impose containment measures on individuals. (...) :

Dhenne, Matthieu, ‘COVID-19, Patents and Access to Healthcare: A French Perspective’ (SSRN Scholarly Paper No ID 3614409, 1 May 2020)
Abstract: While the coronavirus 19 (COVID-19) pandemic forced a large part of the world’s population into quarantine, research into treatment and testing intensified. At the same time, patents have rarely been so much in the forefront: how can we ensure that access to care will not be hindered by patents? Should we opt for an ex-officio license, relax the conditions of this license, or even expropriate the patentees? A bill tabled on April 7, 2020 in the French ‘Assemblée Nationale’ launches discussion in France. :

Fairgrieve, Duncan and Nicole Langlois, ‘Frustration and Hardship in Commercial Contracts: A Comparative Law Perspective’ (2020) 24(2) Jersey and Guernsey Law Review 142–166
Abstract: The common law doctrine of frustration and the civil law doctrine of force majeure are both doctrines of respectable antiquity that can trace their origins back to Roman law. The recent Coronavirus pandemic (and its unprecedented impact on business) has focused attention on the way in which these doctrines have been developed by courts in different jurisdictions and prompted debate as to whether such developments now strike the right balance between legal certainty on the one hand, and fairness to the contracting parties on the other. Given Jersey’s unique status as a ‘mixed’ civil and common law jurisdiction, a comparison of English law and French law in this area offers some interesting insights into the likely scope of a modern Jersey customary law doctrine of force majeure. :

Fauvarque-Cosson, Benedicte, ‘How Did French Administrative Judges Handle COVID-19?’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: During the COVID-19 crisis, governments resorted to exceptional measures and restricted the fundamental rights of citizens in seeking to get control over the spread of the epidemic. Consequently, the citizens were in great demand for control over the administrative measures that were adopted during the Health State of Emergency. In France, the existence of an administrative judiciary allows fast and efficient access to the judge (which is almost free) and ensures judicial control on public freedoms. French administrative courts, particularly the Conseil d’État, played a crucial role during this period. This was made possible thanks to efficient judicial practices which existed before the COVID-19 crisis, notably the accelerated procedure of ‘référés’. :

Fornerod, Anne, ‘Freedom of Worship during a Public Health State of Emergency in France’ (2021) 10(1) Laws 15
Abstract: This paper analyses three key decisions issued by the French State Council in 2020 following emergency proceedings concerning the impact of pandemic-related measures on the freedom of worship. The Council interestingly recalls that the freedom of worship is a fundamental freedom, but shows, too, how it is influenced by circumstances when determining whether the measures limiting the freedom to practice one’s religion are proportionate to the goal of protecting public health. :

Gesley, Jenny, ‘Regulating Electronic Means to Fight the Spread of COVID-19’ (Law Library of Congress Legal Report, June 2020)
Note: This page includes a comparative summary, and links to the full report and a COVID-19 Contact Tracing Apps world map. Extract from Introduction: This report surveys the regulation of electronic means to fight the spread of COVID-19 in 23 jurisdictions around the globe: Argentina, Australia, Brazil, China, England, France, Iceland, India, Iran, Israel, Italy, Japan, Mexico, Norway, Portugal, the Russian Federation, South Africa, South Korea, Spain, Taiwan, Turkey, the United Arab Emirates, and the European Union (EU). :

Hosseini Sadrabadi, Iraj, ‘The Legal System of the Health Emergency Condition to Fight against the Covid-19 Epidemic in France’ (2022) Journal of Law Research (advance article, published online 5 July 2022)
Abstract: The crisis and the situation caused by the corona virus, which started in late 2019 in Wuhan, China, were not limited to that area and became increasingly known as a pandemic on a mondial scale. The health risks of this virus were so great compared to similar viruses that now a large number of patients, along with a large number of victims, have a worrying future. In these circumstances, the public authorities, including the government, the parliament and other public authorities and institutions of France, took measures and decisions regarding the mentioned circumstances. All the measures taken or anticipated have been designed to allow the French health system to better cope with the growth of the coronavirus. From the point of view of public law and, of course, administrative law, this issue has given rise to challenges and debates in the area of the type, scope of measures and also the legal basis for creating a health emergency within the legal community. The government was looking for a stronger juridic base. To this end, the French government, in addition to legislative measures, on March 18, 2020, two bills, one on the organic law on the conduct of the Constitutional Council in the processing of complaints related to the rights and freedoms guaranteed by the Constitution, and the other on Common law, under the title of emergency measures to deal with the epidemic, he presented the Covid 19 to the French Senate, which has become the legal basis for government.

Jones, Evan, ‘COVID-19 Hits the French Health System’ (2020) 85 Journal of Australian Political Economy 94–100
Abstract: On 28 February 2020 the WHO issued a report on China’s efforts to control the Coronavirus outbreak, dictating a comprehensive governmentled response to the threat. On 29 February, the French Prime Minister Edouard Philippe chose to divert priorities from a Ministerial Council dedicated to COVID-19 by utilising article 49-3 of the Constitution to bypass Parliament and authorise a brutal retirement ‘reform’ package, against which vast sections of the country had struck and demonstrated. :

Karagianni, Anastasia and Vagelis Papakonstantinou, ‘Surveillance in Schools Across Europe: A New Phenomenon in Light of the COVID-19 Pandemic? The Cases of Greece and France’ (2022) 11(2) European Journal of Educational Research 1219–1229
Abstract: Surveillance technology is more and more used in educational environments, which results in mass privacy violations of kids and, thus, the processing of huge amount of children’s data in the name of safety. Methodology used is doctrinal, since the focus of this research was given in the implementation of the legal doctrine of data protection law in the educational environments. More than that, the cases of Greece and France regarding the use of surveillance technologies in schools are carefully studied in this article. Privacy risks that both children and educators are exposed to are underlined. In these terms, this research paper focuses on the proper implementation of the European data protection framework and the role of Data Protection Authorities as control mechanisms, so that human rights risks from the perspective of privacy and data protection to be revealed, and the purposes of the use of such technologies to be evaluated. This study is limited in the legal examination of the European General Data Protection Regulation, and its implementation in the legal orders of Greece and France, and practice pertaining to the case studies of Greece and France respectively.

Kordalivand, Rouheddin, ‘Adapting Criminal Policy of France to Combating Domestic Violence in Lockdown Period of Covid-19’ (2022) Journal of Law Research (advance article, published online 5 July 2022)
Abstract: The reports of some organizations of United Nations and some countries like France, shows that the rates of domestic violence has been increased during the quarantine arising from covid 19. Circumstances under lockdown increase the risk factors for domestic violence. To preventing and combating domestic violence during quarantine, France has adapted its criminal policy in the period of suspension or reduction of the activities of the courts. By declaring a state of Public Health State of emergency, France has mobilized significant resources to help the victims and ensured the continuity of justice in family matters. In this article, we examine the different means mobilized by the French to adapt its criminal policy to combating domestic violence during quarantine arising from covid 19. domestic violence, Public Health State of emergency, ordinance of protection, immediate summons, the Great Danger Phone.

Lancien, Anne, ‘COVID-19 in France: An Insight into the Recompositions of the Religious in a Secular-Majority Country’ in Brian Conway et al (eds), Religion, Law, and COVID-19 in Europe: A Comparative Analysis (Helsinki University Press, 2024) 229–246 [OPEN ACCESS E-BOOK]
Abstract: This chapter aims to show the specific features of COVID-19 management in a secular country, where there is a strict separation between the state and religions. It also shows how the relationship established by the state and the society with each of the religions present in the country affects their reaction to restrictive measures. Two tendencies sum up how COVID-19 impacted religion and its position in French society. It confirms, first, the secularisation of French society and, second, how the collective practice of faith was deemed non-essential. Theoretically, this analysis engages with two discussions. The first deals with an axis of polarisation, namely the secularisation of society, confirmed by the COVID-19 crisis. The second analyses the recomposition of the religious, which the pandemic highlights. The chapter sheds light on this changing face of religion in a secular country, from a legal and sociological perspective.

Lichere, Francois, ‘French Public Contracts Law and the Pandemic: Is the Principle of Adaptability Adapted?’ in Russell L Weaver, and Herwig CH Hofmann, Digitalisation of Administrative Law and the Pandemic-Reaction (Cambridge Scholars Publishing, 2022) 40

Mallet, Pierre, Najlaa Flayyih and Zeana Ghanim Abdijabar, ‘The Legal Value of Zoom’s Contractual Terms: A Comparative Analysis of the UAE and French Law’ (2023) 37(1) International Review of Law, Computers & Technology 110–125
Abstract: The Covid-19 pandemic led to a surge in the use of video-conferencing services offered by Zoom, which has continued in post-pandemic times. This paper sheds light on Zoom’s contractual terms related to governing law and jurisdiction, and its applicability in Emirate and French laws. It attempts to answer the question about the circumstances in which the local courts will take jurisdiction over a dispute, notwithstanding that the parties agree that such disputes will be resolved in the jurisdiction stated in the clause. It also provides an analysis of the exclusion and limitation of Zoom’s liability clause. Specifically, it looks at the effectiveness of the limitation of Zoom’s liability in Emirate and French laws. The study emphasizes the need for policy and legislative framework to address this new area of law and technology to protect users from contractual terms in e-services agreements since video conferencing services continue to thrive and drive growth in the post-pandemic world.

Marique, Yseult, ‘A “New Normal”: Legality in Times of Necessity: French Administrative Law under the Health Emergency’ in Carla Ferstman and Andrew Fagan (eds), Covid-19, Law and Human Rights: Essex Dialogues (University of Essex, School of Law and Human Rights Centre, 2020) 63–71
Abstract: States of emergency test the limits of constitutionalism and our commitment to the rule of law (Dyzenhaus 2012). They tell us something about the ultimate power in a society and the very nature of state powers. French constitutions have a long history of arising from crises, revolutions and overthrows. The current political regime was born in 1958 at the time of the Algerian war of independence. More recently, the French have lived under a sustained period of emergency regulations following the terrorist attacks in Paris in November 2015. Now that a state of health emergency has been declared and extended it is possible to reflect on how key principles relating to the rule of law, such as legality and judicial control, are being re-shaped. This helps us to reflect on how the state seeks to command compliance from its citizens and how a balance is struck between necessity and legality. Key stages can be identified: a first stage when (judicial) control is muted and a second stage when judges re-assert their role once the risks linked to the pandemic have been curbed. This differentiation both confirms the risk of normalising an executive state of emergency (at the time of the peak) and the possibility of a judicial state of emergency emerging (once the first wave is over) (Ginsburg and Versteeg 2020). This brings into question how the next steps in the health emergency can be made subject to robust scrutiny and accountability mechanisms as necessity evolves. :

Meinherz, Franziska X and Livia Fritz, ‘“The Crisis Justified the Urgency, but Now We Have to Go Back to the Rule of Law”: Urban Mobility Governance during Covid-19’ (2023) Environmental Politics (advance article, published online 12 August 2023)
Abstract: During COVID-19, many cities built pop-up infrastructure for cyclists and pedestrians. We analyse the experiences of Geneva and Lyon through a qualitative approach based on document analysis and interviews with institutional and societal actors. We explore what contributed to the development of pop-up infrastructure during COVID-19, and how these interventions were shaped by and affected policy-making processes and actors’ agency. We found that COVID-19 accelerated social and political trends regarding urban mobility. In both cities, authorities used the crisis to push through existing plans. Authorities’ commitment and the existence of ready-to-implement plans proved crucial. The implementation processes constituted a breach from usual procedures. In Geneva, this empowered actors who usually act from the margins. In Lyon, authorities adopted pop-up infrastructure as a way to reduce costs. Our study clarifies the potential of experimentation in a context of crisis for urban climate governance and highlights the democratic implications of such interventions.

Palle, Angelique et al, ‘Policymaking and Liberty Restrictions in the Covid-19 Crisis, the Case of France’ in Nadav Morag (ed), Impacts of the Covid-19 Pandemic (Wiley, 2022) 165–180
Abstract: This chapter analyzes the legislative and policy response to the Covid-19 pandemic in France. It aims at assessing how the French policymakers adapted to the pandemic in terms of regulation and policymaking. The chapter relies on the cross-referencing of ongoing findings from two research projects financed by the French National research Agency, the first one, ‘ANR Army,’ on the role of the armies in the ‘war’ against the coronavirus and its perception by the population. The second research project, ‘ANR Localex’ focuses on local and regional normative dynamics. It then analyzes the nature of the exceptional legislative framework in place at the national level, in light of the use by the French government of the armed forces to help manage the crisis, in a context where the involvement of military forces domestically is extremely regulated. The chapter also analyzes the normative dynamics at other levels of legislative and policymaking.

Pédamon, Catherine and Radosveta Vassileva, ‘Contractual Performance in COVID-19 Times: Does Anglo-French Legal History Repeat Itself?’ (2021) 29(1) European Review of Private Law 3-38 (pre-print)
Abstract: The Severe Respiratory Syndrome Coronavirus 2 (COVID-19) pandemic has dealt a universal challenge to contractual performance, but legal systems have responded differently. In this article, we focus on two jurisdictions with distinct paths of development – England and France – to examine if they have drawn from their own legal history to craft solutions to this challenge and to consider if either has bettersuited tools to address it. Notably, the UK has refrained from intervening in the area of contract law, thus relying on long-standing common law doctrines and equitable remedies, while, in France, the government has intervened with a series of ordonnances providing contracting parties with new tools tackling difficulties of performance, which add to the existing arsenal in the Code civil. The article demonstrates that the responses to the COVID-19 challenge by England and France have historic roots and illustrate important legal cultural differences vis-à vis state intervention in the area of contract in trying times. Moreover, even though, at first glance, parties contracting under French law have more tools balancing freedom of contract and fairness, a closer look reveals that over protection or under protection may lead to the same outcome for contractual relationships on both sides of the Channel. Ultimately, in both countries, parties seem better off settling their disputes themselves, away from the courts. :

Platon, Sébastien, ‘Reinventing the Wheel … and Rolling over Fundamental Freedoms? The Covid-19 Epidemic in France and the ‘State of Health Emergency’’ (2020) 8(3) The Theory and Practice of Legislation 293–309
Abstract: In order to cope with the Covid-19 crisis, the French Parliament has adopted an Act creating a new emergency powers regime, dubbed state of health emergency, which is currently in force. The present paper aims at analysing and providing a critical appraisal of this regime. In particular, it will be demonstrated that this regime is rather imbalanced in that it confers important powers to the executive with limited checks and balances. It will also be contended that the creation of a new regime was not necessary, and that it would have been wiser to amend the existing state of emergency. :

Rudnyeva, Oleksandra and Olena Prykhodko, ‘The State as a Guarantor of the Protection of the Rights of Individuals and Legal Entities in the Conditions of Coronavirus Crisis of 2020’ (2020) 73(12 cz 2) Wiadomosci Lekarskie 2752–2757
Objective: The aim of the article is to stimulate discussions about the necessity to improve the legal regulations that guarantee a proper public health policy, as well as to determine the balance between the level of restrictions that may be imposed by State in order to protect both, the public interest of health and the economic development. Patients and Methods: Materials and methods: National legislation of Ukraine, United Kingdom and France on public health and health policy, case law of these countries, including high court decisions were used for dialectical, comparative, synthetic and systemic analyses. Conclusions: As the legality of government officials’ actions principle is a fundamental constitutional principle in most European countries, states must establish such legal provisions to avoid short-term and long-term conflicts when the rights of individuals and legal entities are being restricted. At the legislative level, it is necessary to adopt transparent rules to attract private funding to the health sector. Development of the e-health and telemedicine systems could be boosted through the use of public-private partnership tools. :

Saito, Carlos Hiroo, Anne-Elisabeth Laques and Aneta Afelt, ‘The world after Covid-19: vulnerabilities, uncertainties, and socio-environmental challenges’ (2020) 34(2) Revista Justiça do Direito 52–104
Abstract: The text brings reflections on the challenges posed to the world due to the pandemic, both for its face of fear, amplified by the cacophony of political decisions, but also from the perspective of mutual aid and hope for a better future. The analysis of the pandemic impact on society is based on vulnerability framework. Three angles of analysis are adopted: ‘Exposure’ is approached from the blocks to displacement and lockdown; ‘Sensitivity’ is treated from the point of view of social inequalities, the weakened Welfare State, and strategies of herd immunity; The ‘capacity of response’ is addressed by the role of science and democracies in the face of the crisis. The pandemic vulnerability analysis is based on examples mainly from Brazil, France, and Poland. Based on this vulnerability, it is proposed to rethink sustainable development and the environment: what lessons for the future can we learn from the crisis? :

Sanders, Anne, ‘Video-Hearings in Europe before, during and after the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges. :

Stef, Nicolae and Jean-Joachim Bissieux, ‘Resolution of Corporate Insolvency during COVID-19 Pandemic: Evidence from France’ (2022) 70 International Review of Law and Economics Article 106063
Abstract: We investigate how the lockdown enforcement by French authorities is associated with the resolution of corporate insolvency. In this sense, we make a distinction between four legal procedures, namely the amicable liquidation (out-of-court exit), the judicial liquidation (court-driven exit), the restructuring procedure available to non-defaulted firms, and the restructuring procedure available to defaulted firms. Using a sample of 3488 non-listed and non-financial French firms, our estimates yield three major findings. First, the likelihood of judicial liquidation increased after the lifting of the quarantines compared to the pre-pandemic period. Second, the non-defaulted firms had a higher likelihood to reorganize in court during the second lockdown. Third, the lifting of the first lockdown led to a decrease in the probability of restructuring the assets of defaulted firms. Although the main objective of the lockdown was to limit spread of the virus, its enforcement has not encouraged the use of the out-of-court exit path.

Stock, Melissa, ‘Facial Recognition and Detection Technology: Developments and Challenges’ (2020) 25(3) Computer and Telecommunications Law Review 161–166
Abstract: Highlights the privacy risks posed by facial recognition and detection technology, including the potential for fraud and other criminal misuse, and errors in detection, particularly among Asian or African ethnic groups and women. Explores legal challenges relating to the use of face recognition brought in the UK, Sweden, France, Belgium, and the US. Considers the role digital surveillance has played in tackling the coronavirus pandemic. :

Stollsteiner, Gabriel, ‘France-COVID-Related Organic Law Ruled Valid despite Breach of Constitutional Provisions’ [2021] (2) Public Law 432–435
Abstract: Basing its decision on the ‘particular circumstances’ of the COVID crisis, the French Constitutional Council’s decision n 2020-799 DC of 26 March 2020 ruled valid an emergency law enacted in apparent contravention of art.46 of the French Constitution. Article 46 requires that 15 days pass between the introduction of an organic law (termed ‘Institutional Acts’ in the Constitution’s official translation) and its first discussion in Parliament. The Institutional Act suspended deadlines for the Constitutional Court’s preliminary review of constitutionality. :

Tambou, Olivia and Alexia Pato, ‘COVID-19 Vaccination and Data Protection Issues: A European Comparative Study With Focuses on France, Germany, Belgium, and Switzerland’ (MPILux Research Paper No 2021(3), 4 March 2021)
Abstract: This report, which tackles data protection issues related to Covid-19 vaccinations, completes the study on vaccination policies carried out by the Max Planck Institute Luxembourg upon the request, and for the benefit of, the Ministry of Health of Luxembourg. The first part of this research project analyses the safeguard measures and guarantees put in place for the processing of data related to Covid-19 vaccinations in the EU. The general framework on data protection, i.e. the GDPR, is examined and relevant references to the law of the Council of Europe and the main recommendations at the European level are made. The purpose of this first part is to assess what EU Member States should do and what room for manoeuvre is left to those for the processing of data generated as a result of the Covid-19 vaccinations. The second part of the research project consists in a comparative analysis of the data protection laws in the area of public health in France, Belgium, Germany and Switzerland with specific references to Covid-19 vaccinations. The purpose of this second part is to understand and compare the approach taken in the selected States. :

Urbanek, Anna, ‘Consumer Credit in Poland and France and the COVID-19 Pandemic: Prevention and Sanctions’ in Nadia Mansour and Lorenzo M. Bujosa Vadell (eds), Finance, Law, and the Crisis of COVID-19: An Interdisciplinary Perspective (Springer, 2022) 1–21
Abstract: We are facing an unprecedented economic crisis. Inequality between borrowers and entrepreneurs in the financial market is growing, especially as creditors use misselling and take advantage of their clients’ vulnerability. This chapter compares the sanctioning of granting credit in violation of Directive 2008/48/EC on consumer credit in Polish and French law and assesses its implementation in those regimes. It also compares the policies of both countries in the field of borrower protection during the COVID-19 pandemic. The research uses a dogmatic analysis of EU, Polish and French law and compares the implementation of directive 2008/48/EC. The analytical method was used to evaluate the commercial practices of creditors and the actions of national authorities. The results show that the sanctions and procedures adopted by these countries differ, although in each case the obligations of borrowers are identical. Different remedies have been adopted in the two countries to protect borrowers during the pandemic. This leads to the conclusion that consumer protection has not been sufficiently harmonised by the directive. Doubts as to whether the purpose of the directive has been achieved are confirmed by its planned revision. It must be concluded that the current economic crisis highlights the inconsistency in consumer protection. Binding sanctions for Member States should be specified in the directive. It would be more beneficial to the protection of the collective interests of consumers if the directive were to include remedial procedures, such as credit moratoria, which the Member States will be obliged to implement during the economic crisis.

Yazdanian, Alireza, ‘Reflection on the Government’s Civil Liability for Damages Caused by the Corona Virus in Iranian and French Law’ (2022) Journal of Law Research (advance article, published online 5 July 2022)
Abstract: If the developments in civil liability law and the emergence of new damages are studied, it is not unlikely to be said that any damages were not as extensive as those caused by Corona or Covid 19. One of the issues that can be considered in this regard is the government’s responsibility in this epidemic. That is, the performance or taking of a neutral position by the authorities can lead to the responsibility of the government. If the government violates its obligations regarding epidemics, especially when the government violates the “right to information” of the citizens, or does not report, or reports late, or gives bad news, and this helps to ignite the inflammation caused by the disease, from a legal point of view, the responsibility of the government can be raised. If until yesterday the responsibility of the government in such diseases was considered an idea, the spread of the corona virus and especially the performance of some governments made it a necessity. The French doctrine is a great example of recognizing responsibility for government, which will be studied in a comparative way in this article.

Zetzsche, Dirk A et al, ‘The COVID-19-Crisis and Company Law: Towards Virtual Shareholder Meetings’ (University of Luxembourg Faculty of Law, Economics & Finance No WPS 2020-007, 15 April 2020)
Abstract: Legislation responding to COVID-19 allows us to examine how, and to what effect, the corporate governance framework can be amended in times of crisis. Almost all leading industrialized nations have already enacted crisis legislation in the field of company law. Here, given the difficulties or indeed the impossibility of conducting in-person meetings currently, the overall trajectory of company law reforms has been to allow for digitalization.We note five fields in which legislators have been particularly active. First, the extension of filing periods for annual and quarterly reports to reflect the practical difficulties regarding the collection of numbers and the auditing of financial statements. Second, company law requires shareholders to take decisions in meetings – and these meetings were for the most part in-person gatherings. However, since the gathering of individuals in one location is now at odds with the measures being implemented to contain the virus, legislators have generally allowed for virtualonly meetings, online-only proxy voting and voting-by-mail, and granted relief to various formalities aimed at protecting shareholders (including fixed meeting and notice periods). Third, provisions requiring physical attendance of board members, including provisions on signing corporate documents, have been temporarily lifted for board matters. Fourth, parliaments have enacted changes to allow for more flexible and speedy capital measures, including the disbursement of dividends and the recapitalization of firms, having accepted that the crisis impairs a company’s equity. Fifth and finally, some countries have implemented temporary changes to insolvency law to delay companies’ petitioning for insolvency as a result of the liquidity shock prompted by the imposition of overnight lockdowns.This working paper seeks to (1) document the respective crisis legislation; (2) assist countries looking for solutions to respond rapidly and efficiently to the crisis; (3) exchange experiences of crisis measures; and (4) spur academic discussion on the extent to which the crisis legislation can function as a blueprint for general corporate governance reform. Countries considered in full or in part include Australia, Austria, Belgium, Canada, China, France, Germany, Hong Kong, India, Italy, Luxembourg, the Netherlands, Norway, Portugal, Singapore, South Korea, Spain, Switzerland, Thailand, the United Kingdom, and the United States. Readers are encouraged to highlight any inaccuracies on the part of the authors in their presentation of the respective laws, and to bring further crisis-related legislation not considered in this working draft to the attention of the authors. Moreover, readers are invited to indicate where there is room for improvement therein, and/or to signal the need for policy reform.

Georgia

Gamkrelidze, Tamar, ‘COVID-19 in Georgia: State Emergency as Political Non-Law and Its Impact on Pluralism’ [2021] Democracy and Security (advance article)
Abstract: The article scrutinizes COVID-19-related state of emergency which tested and hence exposed vulnerability of certain values of liberal democracy where it has been fragile. It opened a window of opportunity for governments to operate in a political non-law realm through introduction of state emergency measures. Georgia was no exception, its political space has been particularly affected by the COVID-19-related state of emergency. Hence the research is interested in why the state emergency was damaging for democracy in Georgia? The article argues that by introduction of state of emergency the Georgian Dream government ushered Georgia—a hybrid democracy with rather limited history of power-sharing and weak democratic institutions—in a ‘state of exception,’ in a sense put forward by Carl Schmitt. This political act further flattened political diversity through limiting the space for political pluralism.

Germany

Allegranti, Ivan, ‘A Comparative Analysis of the Italian and German Laws Regulating Electricity Bills during Exceptional Events’ (2022) 8(1) Baku State University Law Review 93–121
Abstract: The article focuses its attention on analyzing, firstly, the European regulatory landmark on energy bills. Secondly, this article will investigate the electricity bills discipline of two European countries: Germany and Italy. The scope of the first part of this article is to highlight the differences in the structure and the discipline of electricity bills in the two countries. The second part of the article will investigate how both EU countries have reacted to energy bills during emergency periods. For Italy, the focus will be both on the earthquake of 2016 which destroyed 138 municipalities of the Marche Region and on the COVID-19 pandemic, while for Germany the investigation will concentrate only on the pandemic emergency regulations related to energy bills. The outline of the article will be a comparison of both energy bills practices during emergency periods thus highlighting how the countries have reacted during these exceptional events.

Augsberg, Steffen, ‘Immunity and Vaccination Certificates in the Covid-19 Crisis: Ethical and Legal Problems of a Possible Need for Differentiation’ in Andreas Reis, Martina Schmidhuber and Andreas Frewer (eds), Pandemics and Ethics: Development – Problems – Solutions (Springer, 2023) 137–147
Abstract: After about one year of ‘corona crisis’, it had become clear that even very strict and comprehensive hygiene protection measures in themselves are not enough to return to at least tolerable (proto-)normality. The hopes associated with the different Covid-19 vaccines derived their special meaning from this insight. While we know now (and could and probably should have known much earlier) that the vaccinations do not significantly reduce infectivity, under the given circumstances to assume so was not unreasonable. Furthermore, because with the vaccinations, at least severe or even fatal courses of the disease can be avoided with high probability, they help to counteract an overload of the health system and the resulting, society-wide problematic ‘domino effect’. As far as this is the central, if not the decisive justification for the far-reaching and serious infection protection-based restrictions on freedom (cf. German Ethics Council 2020a, 2021), it must be considered whether and to what extent these—especially in view of already existing and future ‘collateral damage’ (cf. Nicola et al. 2020)—can still be maintained. The general argument of epidemic control is not enough for this. In order to avoid a ‘operation successful, patient dead!’ scenario, a consistent approach is required which reflects and monitors the legitimately pursued goals as well as both the intended and unintended consequences on a continuous basis. To completely eradicate Sars-CoV-2 is neither a realistic nor situation-appropriate purpose in this sense: Whoever demands this underestimates the expected practical difficulties, both with regard to the unavoidable and desirable international contacts in open societies and with regard to the possible pathogen reservoir in the animal kingdom. At the same time and above all, such an absolutization of infection protection would only be possible at the expense of numerous additional, massive impairments of freedom and health. In the end, this would result in authoritarian biopolitical scheme that could only achieve its goal of saving lives (or more precisely: life years) at the expense of endangering and sacrificing essential rights up to and including life. This is neither ethically nor legally acceptable. Therefore, the restrictions applicable to the general population are to be lifted step by step to the extent that the (primary) goal of preventing severe and fatal Covid-19 courses is achieved (cf. German Ethics Council 2021).

Bakirtzi, Effrosyni, ‘Remote Work Regulation during and after the Pandemic in Greece and Germany: Comparative Legal Frameworks and Challenges for the Future of Work’ (2022) 15(2) Italian Labour Law e-Journal 17–36
Abstract: The contribution focuses on telework and remote work legislative transformations during the corona pandemic based on the experiences of two countries, Greece and Germany. Greece has introduced in 2021 a reform of teleworking regime both in the private and public sectors. Germany has only addressed the increased teleworking needs ad hoc with less profound changes in the existing teleworking regime. The teleworking/remote working national legal frameworks of these two countries are compared and the transitions to a flexible virtual workplace are contextualized. The paper demonstrates how these transitions addressed only partially the labour and social fundamental rights of employees.

Barker, Kim, Enrique Uribe-Jongbloed and Tobias Scholz, ‘COVID-19 and the “Myriad”: A Comparative Assessment of Emergency Responses from Europe and South America’ (2021) 1(1) Legalities 116–143
Abstract: The COVID-19 pandemic has highlighted – across intricate borders, different geographies, and legal jurisdictions – that there is only so much that can be done in the way of governance to tackle the challenge posed by a virus. The pandemic is a global problem, one which has affected almost every country in significant and seldom-felt ways. Governments have been forced to react, to respond with emergency measures, temporary rules and legislation, and impose restrictions on freedoms. It has brought to the fore a range of responses, locally, regionally, nationally, and internationally. What is particularly evident across the unfolding of the pandemic is the divergent approaches in introducing governance measures to control behaviour, to share data and information, and to report on the pandemic while holding decision-makers to account. Much of the reporting of government reactions to the pandemic has focussed on emergency restrictions, lockdowns, the suspension of ‘normal’ gatherings, public health data, and tracing apps. Each of these is bundled up with concerns over the interferences with freedoms, a lack of scrutiny and holding to account of governance bodies and lawmakers, and privacy concerns. The new ways of working, governing, and communicating emergency rules is a COVID-19 legacy for governments, but is it one that will shift our expectations? The balance between fundamental freedoms has been – to an extent – pitted against the public health agenda and the nature of the emergency response by governments across the world, but particularly in Germany, the UK, and South America. This article explores the nature of the government responses through emergency measures (and restrictions) and tracing programmes in three countries: Germany, the United Kingdom, and Colombia. The assessment – and comparison – of three countries, across two diverse regions – offers a unique discussion from the perspective of pandemic responses to the COVID-19 emergency. The pandemic itself provides an opportunity to compare countries, governance responses, and legalities that may not otherwise be possible. The myriad of responses seen throughout the pandemic offers a unique opportunity for comparative discussion – this paper provides that discussion, but in so doing, assesses whether it is possible to recommend a ‘one size fits all’ approach to governance emergencies.

Bogoeski, Vladimir, ‘Continuities of Exploitation: Seasonal Migrant Workers in German Agriculture during the COVID-19 Pandemic’ (2022) 49(4) Journal of Law and Society 681–702
Abstract: Seasonal migrant agricultural workers were declared ‘essential’ in Germany at the very outset of the COVID-19 pandemic. Two harvest seasons later, continuing poor working conditions, infection outbreaks on farms, and a general exclusion from social security schemes show that the recognition of the ‘essential’ character of the job has not translated into any improvements for workers. Based on interviews with trade union-affiliated counsellors for migrant workers across Germany and analysis of the policies and legal measures introduced during the pandemic, this article demonstrates how pre-existing institutional structures of exploitation in relation to seasonal agricultural work have been not only sustained but also reinforced.

Borselli, Angelo and Ignacio Farrando, ‘Corporate Law Rules in Emergency Times Across Europe’ (Bocconi Legal Studies Research Paper No 3759202, 23 September 2020)
Abstract: This paper explores corporate law rules adopted in some European states amidst the COVID-19 pandemic, in order to track the major reform trends and consider how corporate law in Europe has adjusted to the emergency. The analysis focuses primarily on the U.K., Germany, France, Italy and Spain; occasionally, depending also on the relevant rules actually introduced by the states, other systems are considered as well.The paper groups the emergency measures into three main categories that include rules aimed at facilitating shareholders’ meetings and meetings of the board of directors, rules relaxing directors’ duties and liability and giving directors some leeway as companies face unprecedented challenges and uncertainties, and rules designed to support corporate liquidity.The analysis shows that while some points of similarity exist among the emergency rules considered, there are nevertheless numerous differences in their nature, scope, technicalities, and also timing. These differences emphasize a lack of coordination at the European level. The discussion also sheds light on the potential of some emergency measures to call traditional corporate law rules into question and last in what will be the new normal after the crisis.

Bosek, Leszek, ‘Anti-Epidemic Emergency Regimes under Polish Law in Comparative, Historical and Jurisprudential Perspective’ (2021) 28(2) European Journal of Health Law 113–141
Abstract: The SARS-CoV-2 crisis of 2020 triggered a number of unprecedented reactions of European states, in particular in the form of either constitutional emergency measures or statutory anti-epidemic emergency measures. Poland chose to deal with the crisis by delegating powers to the executive by ordinary legislative means and declared a nationwide state of epidemic emergency on 13 March 2020 and a week later a state of epidemic on the basis of the Act of 5 December 2008 on preventing and combating infections and infectious diseases. For a century, Poland has been dealing with epidemics by delegating powers to the executive by ordinary legislative means. Anti-epidemic emergency measures were developed under the relevant acts of 1919, 1935, 1963, 2001, 2008 and now form an autonomous normative model authorised directly by Article 68 (4) of the Constitution of the Republic of Poland of 2 April 1997. The Constitution of 2 April 1997 authorises also extraordinary measures in situations of particular danger, ‘if ordinary constitutional measures are inadequate’. This article analyses anti-epidemic emergency regimes under Polish law in a comparative, historical and jurisprudential perspective.

Brenner, Michael, ‘Challenges to the Constitutional Law Caused by Corona’ (2022) 34(1) European Review of Public Law_
_Abstract: In Germany, the Corona pandemic did not disrupt the structures of state action nor did it even throw them overboard. The regular regime of action consisting of the statutory law, ordinance, and administrative acts proved itself capable of combating the pandemic. Remarkable is that during the pandemic the time factor became an essential element of the principle of proportionality. The flexibility of the principle gave state action in this extraordinary situation room for maneuver and freedom of design in different directions and with different purposes: If the number of infections increased, the principle of proportionality enabled the necessary measures to be tightened; however, if the numbers decreased, the principle required these measures to be loosened. Therefore, the principle of proportionality has proven its worth as a criterion for the legality of restrictions on fundamental rights, also and especially in times of a pandemic.

Brink, Ton van den and Matteo Gargantini, ‘Models of Solidarity in the EMU. The Impact of COVID-19 After Weiss’ (2021) 17(3) Utrecht Law Review 80–102
Abstract: Right in the middle of the Covid-19 pandemic, the German federal constitutional court (Bundesverfassungsgericht – FCC) issued a ruling that sent massive shockwaves through the continent. Not only did the Court question the legality of the European Central Bank’s bond buying program PSPP (Public Sector Purchase Program), but it also rejected the earlier decision by the CJEU in which this latter had found that program to respect EU law. The ruling is as such not directly concerned with Covid-19 measures, but it may have nonetheless important consequences thereon. In this contribution we will explore what those consequences may be. Apart from the direct effects on the ECB’s pandemic emergency purchase programme (PEPP), we zoom in on the ruling’s indirect consequences on the broader question of how to arrange solidarity in EMU. With regard to the latter, we contend that Weiss and the Covid-19 crises combined will test the basic models of solidarity the EMU relies upon: the models of individual fiscal responsibility, ECB based solidarity and the model of fiscal union. These models are assessed from economic, constitutional and democratic perspectives.

Buthe, Tim, Luca Messerschmidt and Cindy Cheng, ‘Policy Responses to the Coronavirus in Germany’ (SSRN Scholarly Paper No ID 3614794, 8 May 2020)
Abstract: Faced with major crises, policymakers are at risk of various pathologies Even in the absence of such pathologies, governments, when faced with a major crisis such as the COVID-19 pandemic, have strong incentives to try to go it alone at the national level: Both policy implementation and political accountability still mostly take place at the national level. Federal political systems, such as Germany, face similar challenges at the sub-national level. At the same time, Louis Brandeis’ classic depiction of U.S. states as ‘laboratories of democracy’ reminds us that federalism offers opportunities for trying different policy responses and learning from the differing results, especially when federalism has ‘experimentalist’ characteristics to encourage feedback and learning. We provide a brief overview of the public and political discourse in Germany, as well as the German federal and state-level policy responses, during the first months of the pandemic and an early, tentative assessment of commonalities, divergence, pathologies, and learning – as well as broader implications for conflict and cooperation in Europe and beyond.

Coglianese, Cary and Neysun A Mahboubi, ‘Administrative Law in a Time of Crisis: Comparing National Responses to COVID-19’ (2021) 73(1) Administrative Law Review 1
Abstract: Beginning in early 2020, countries around the world successively and then together faced the same rapidly emerging threats from the COVID-19 virus. The shared experience of this global pandemic affords scholars and policymakers a comparative lens through which to view how differences in countries’ governance structures and administrative responses affected their ability to manage the various crisis posed by the pandemic. This article introduces a special series of essays in the Administrative Law Review written by leading administrative law experts across the globe. Case studies focus on China, Chile, Germany, Italy, New Zealand, South Africa, and the United States, as well as the World Health Organization. Although the pandemic and its consequences remain ongoing problems, this issue seeks to elucidate the regulatory challenges that countries have faced in common, and to compare approaches and distill lessons that might be transferrable across jurisdictions. From the essays in this special issue emerge at least four key lessons. First, it is clear that a global pandemic demands effective national and local governance. Second, regulations must be adaptable and responsive in the face of fast-moving public health threats. Third, emergency executive powers must be limited and subject to oversight and sunsetting. Finally, as much as administrative law can affect countries’ ability to craft effective responses to public health emergencies, responsible public leadership undoubtedly matters most of all. These four lessons can help guide efforts by lawmakers and policy advisors to prepare more nimble and effective regulatory approaches to respond to viral outbreaks and other public health threats. Even when the current global pandemic eventually recedes, the Administrative Law Review’s special issue on national responses to the COVID-19 crisis can provide a basis for reflection and renewed momentum toward strengthening international public health institutions and regulatory cooperation around the world.

Dauster, Manfred, ‘Criminal Proceedings in Times of Pandemic’ in New Legal Reality: Challenges and Perspectives. II (University of Latvia Press, 2022) 248–271
Abstract: COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone’s memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.

Dehio, Niklas, Malte Ostendorff and Georg Rehm, ‘Claim Extraction and Law Matching for COVID-19-Related Legislation’ (Proceedings of the 13th Conference on Language Resources and Evaluation (LREC 2022), Marseille, 20-25 June 2022, 2022) 480–490
Abstract: To cope with the COVID-19 pandemic, many jurisdictions have introduced new or altered existing legislation. Even though these new rules are often communicated to the public in news articles, it remains challenging for laypersons to learn about what is currently allowed or forbidden since news articles typically do not reference underlying laws. We investigate an automated approach to extract legal claims from news articles and to match the claims with their corresponding applicable laws. We examine the feasibility of the two tasks concerning claims about COVID-19-related laws from Berlin, Germany. For both tasks, we create and make publicly available the data sets and report the results of initial experiments. We obtain promising results with Transformer-based models that achieve 46.7 F1 for claim extraction and 91.4 F1 for law matching, albeit with some conceptual limitations. Furthermore, we discuss challenges of current machine learning approaches for legal language processing and their ability for complex legal reasoning tasks.

Delledonne, Giacomo, ‘Executives During the COVID-19 Pandemic: Contradictory Trends’ in Kostas Chrysogonos and Anna Tsiftsoglou (eds), Democracy after Covid: Challenges in Europe and Beyond (Springer, 2022) 47–59
Abstract: This chapter focuses on how the executives have adapted to the pandemic challenge since March 2020. To do so, it develops a comparative analysis of the role of the executives in facing the COVID-19 pandemic in three selected European jurisdictions, namely, Belgium, Germany, and Italy. An underlying assumption in this chapter is that executives, more or less inevitably, are crucial actors in major crises; still, it remains to be seen how these very crises impact on their structure and functioning.

Dennison, James, Alexander Kustov and Andrew Geddes, ‘Public Attitudes to Immigration in the Aftermath of COVID-19’ (SSRN Scholarly Paper No ID 3884912, 9 July 2021)
Abstract: How has the COVID-19 pandemic affected public opinion towards immigration? Long-term evidence in Europe and the United States suggests attitudes to immigration are relatively stable and, in some cases, becoming more favorable with high volatility instead in the perceived importance of the issue. However, theoretically a global pandemic could exacerbate people’s fears of outsiders or that migration may contribute to the disease. By contrast, attitudes could remain stable if their distal drivers prove to be robust enough to withstand the shock of COVID-19, which may instead highlight the disproportional importance of migrant workers. We draw from Eurobarometer data from 2014 to 2020 across 28 European countries, weekly national survey data during the outbreak from the US and individual panel data from the UK and Germany to find little systematic change in immigration preferences and no country-level correlation between the observed changes and the severity of the outbreak. Instead, the perceived importance of immigration has consistently and significantly decreased. These findings suggest that, if COVID-19 is to have an impact on attitudes to migration, it is likely to emerge via longer-term means, such as early-life socialization and value change, rather than reactions to the immediate shock of the pandemic.

Dieter, Heribert, ‘Germany in the COVID-19 Crisis: Poster Child or Just Lucky?’ (2020) 85 Journal of Australian Political Economy 101
Abstract: The SARS-CoV-2 virus has been hitting Germany as unexpectedly as other European countries. At the end of January 2020, some employees at Webasto, a supplier of automotive parts in Bavaria, were diagnosed with the novel coronavirus after they had been in direct contact with a Chinese visitor. But, for a few weeks, Germans thought that COVID-19 is an issue for Asian states and not for Germany. Today, Germany continues to be severely affected, but the situation is not nearly as dire as in Britain, Italy or Spain. Germany, with its enormous financial resources and a well-equipped medical sector, appears to be better placed than most other economies to weather the storm. In May 2020, a race to lift restrictions has started and by early June, the country may be back on track.

Dilger, Alexander and Lars Vischer, ‘No Home Bias in Ghost Games’ (Institute for Organisational Economics, Dicusssion Paper No 7/2020, 1 July 2020)
Abstract: Because of the COVID-19-pandemic the men’s first German football league (Bundesliga) had to finish the season 2019/20 with ghost games as spectators were not allowed in the stadiums. Comparing these games with the regular ones between the same teams before, we find that the normal advantage for the home team disappears. One reason for this is the disappearances of the home bias of the referees whereas changes in the sportive performance of the teams seem to be irrelevant in this regard.

Domenici, Irene and Franciska Engeser, ‘The Institutional Tragedy of Pandemic Triage Regulation in Italy and Germany’ [2022] European Journal of Health Law (Advance article, published online 4 March 2022)
Abstract: This article adopts a comparative approach exploring the reactions to the scarcity of resources resulting from the Covid-19 pandemic in Italy and Germany. Both countries showed a fragmented structure including individual hospitals, medical associations and recommendatory interdisciplinary bodies, such as ethics councils. Against this background, the authors use the different constitutional frameworks in which the healthcare systems are embedded to assess the legitimacy of the intervention by non-legislative bodies. It is demonstrated that, in both jurisdictions, a certain level of parliamentary involvement in establishing triage criteria or procedures is constitutionally required, as in situations of extreme scarcity the prioritisation decision cannot be determined by a mere clinical analysis but rather demands a normative choice.

Eichhorst, Werner, Anton Hemerijck and Gemma Scalise, ‘Welfare States, Labor Markets, Social Investment and the Digital Transformation’ (IZA Discussion Paper No 13391, 22 June 2020)
Abstract: Barely having had the time to digest the economic and social aftershocks of the Great Recession, European welfare states are confronted with the even more disruptive coronavirus pandemic as probably, threatening the life of the more vulnerable, while incurring job losses for many as the consequence of the temporal ‘freezing of the economy’ by lockdown measures. Befor the Covid-19 virus struck, the new face of the digital transformation and the rise of the ‘platform’ economy already raised existential questions for future welfare provision. The Great Lockdown - if anything - is bound to accelerate these trends. Greater automation will reinforce working from home to reduce Covid-19 virus transmission risks. At the same time, the Great Lockdown will reinforce inequality, as the poor find it more difficult to work from home, while low-paid workers in essential service in health care, supermarket retail, postal services, security and waste disposal, continue to face contagion risks. And although popular conjectures of ‘jobless growth’ and ‘routine-biased’ job polarization, driven by digitization and artificial intelligence, may still be overblown, intrusive change in the nature of work and employment relations require fundamental rethinking of extant labour market regulation and social protection. Inspired more by adverse family demography than technological change, social investment reform has been the fil rouge of welfare recalibration since the turn of the century. Is social investment reform still valid in the new era of ‘disruptive’ technological transformation in aftermath of Coronavirus pandemic that is likely to turn into the worst recession since the second world war? Empirically, this chapter explores how Germany, Italy and the Netherlands, in terms of the strengths and vulnerabilities of their labour market to digitization, together with their respective social investment aptitude, are currently preparing their welfare states for the intensification of technological change in the decade ahead.

Eidenmüller, Horst, ‘What Can Restructuring Laws Do? Geopolitical Shocks, the New German Restructuring Regime, and the Limits of Restructuring Laws’ (2023) 24(2) European Business Organization Law Review 231–249
Abstract: In this article, I discuss the possibilities and limitations of restructuring laws against the background of geopolitical shocks such as the Covid-19 pandemic and the current energy crisis. I make two claims, one narrow and focused on German bankruptcy law, and one broad with a cross-jurisdictional reach. My narrow claim relates to ‘StaRUG’, the new German restructuring regime. I argue that this law is a superfluous and flawed instrument. It should be repealed. My second claim is much broader. I argue that bankruptcy laws, including restructuring laws, are generally ill-suited to deal with the economic consequences of geopolitical or macroeconomic shocks as a ‘first line of defence’. Bankruptcy laws are not designed to provide the structural assistance at scale which the businesses affected by these shocks need. At the same time, massive state aid for distressed businesses in times of crisis and, in particular, ad hoc bailouts of large critical firms are also problematic. I propose that firms’ resilience against geopolitical or macroeconomic shocks should be strengthened, and that best practices (‘Principles’) for bailouts should be developed.

Fraenkel-Haeberle, Cristina and Elena Buoso, ‘COVID-19 and Government Response in Germany. Building Resilienceby Comparison of Experiences’ (2021) 1(1–3) Legal Policy and Pandemics: The Journal of the Global Pandemic Network 103–114
Abstract: This contribution investigates the German response to the COVID-19 pandemic. The analysis highlights the measures taken by the German government in cooperation with subnational units to mitigate the spread of infections, as well as the efforts made to stem the economic consequences of the containment measures. The emergency situation turned out to be a real stress test for the German legal system, and a serious challenge for democratic institutions.

Fraenkel-Haeberle, Cristina and Elena Buoso ‘The Pandemic as a Chance for Administrative Modernisation: Some Notes from Germany’ in Irena Lipowicz, Grażyna Szpor and Aleksandra Syrt (eds), Instruments of Public Law: Digital Transformation during the Pandemic (Routledge, 2022)

Franzke, Jochen and Sabine Kuhlmann, ‘Germany’s Responses to COVID-19: Crisis Governance in a Multilevel System’ in M Jae Moon and Dong-Young Kim (eds), Policy Responses to the COVID-19 Pandemic (Routledge, 2024)
Abstract: This chapter analyzes how German public administration has coped with COVID-19 intergovernmental coordination, federal, Länder, and local policy responses to the pandemic, and the issues of scientific policy advice, institutional trust, and the population’s support of containment measures. After some basic statistical information about COVID-19 in Germany is presented, the institutional set-up of crisis management in the German federal system is introduced, and the preparedness and capacities of the health system for a pandemic are assessed. Focusing on the developments in 2020, four major phases of German pandemic governance can be differentiated. The responses and measures adopted by the federal, Länder, and local governments in these phases are outlined, and the coordination mechanisms at play are characterized. The chapter also shows that while this country was well-prepared in terms of health capacities and public health services, numerous shortcomings and deficits became apparent during the crisis. Furthermore, the analysis reveals multiple problems that have occurred over the course of the crisis. Regarding intergovernmental coordination, a general trend toward more unitarization and centralization in pandemic-related decision-making up to what we label ‘intergovernmental centralism’ worked out, while the increasingly overburdened local levels were still responsible for major implementation and management functions.

Gandjour, Afschin, ‘Vaccination Mandates, Physically Forced Vaccination, and Rationing in the Intensive Care Unit: Searching for Ethical Coherence in the COVID-19 Pandemic’ (2022) 22(11) The American Journal of Bioethics 11–14
Abstract: For a long time, German politicians agreed that there should be no COVID-19 vaccination mandate. However, sluggish vaccine uptake and rapidly filling intensive care unit (ICU) beds in certain federal states have led to a growing debate over proposals to encourage vaccine uptake including mandates. In parallel, a debate over whether COVID-19 vaccination status should be used for rationing scarce ICU beds has risen but German politicians have almost uniformly rejected this principle so far. Physically forced vaccination appears even less agreeable. The purpose of this editorial is to discuss the ethical coherence of the three positions, that is, support of vaccination mandates for the general population on the one hand and rejection of physically forced vaccination and vaccination status as a triage factor in ICUs on the other.

Gather, J et al, ‘Under Which Conditions Are Changes in the Treatment of People under Involuntary Commitment Justified during the COVID-19 Pandemic? An Ethical Evaluation of Current Developments in Germany’ (2020) 73(November-December) International Journal of Law & Psychiatry Article 101615
Abstract: The COVID-19 pandemic poses significant challenges in psychiatric hospitals, particularly in the context of the treatment of people under involuntary commitment. The question arises at various points in the procedure for and process of involuntary commitment whether procedural modifications or further restrictive measures are necessary to minimise the spread of COVID-19 and protect all people involved from infection. In the light of current developments in Germany, this article examines under which conditions changes in the treatment of people under involuntary commitment are ethically justified in view of the COVID-19 pandemic. Among others, we discuss ethical arguments for and against involuntary commitments with reference to COVID-19, the use of different coercive interventions, the introduction of video hearings, an increased use of video surveillance and interventions based on the German Infection Protection Act. We argue that strict hygiene concepts, the provision of sufficient personal protective equipment and frequent testing for COVID-19 should be the central strategies to ensure the best possible protection against infection. Any further restrictions of the liberty of people under involuntary commitment require a sound ethical justification based on the criteria of suitability, necessity and proportionality. A strict compliance with these criteria and the continued oversight by external and independent control mechanisms are important to prevent ethically unjustified restrictions and discrimination against people with the diagnosis of a mental disorder during the COVID-19 pandemic.

Göttert, Elena Ana Francesca, ‘What Is Fair? Ethical Analysis of Triage Criteria and Disability Rights during the COVID-19 Pandemic and the German Legislation’ [2023] Journal of Medical Ethics (advance article)
Abstract: This essay discusses the ethical challenges and dilemmas in allocating scarce medical resources during the COVID-19 pandemic, using the German legislative process as a starting point. It is guided by the right to non-discrimination of people with disability and generally contrasts utilitarian and rights-based principles of allocation. Three approaches that were suggested in the German discussion, are presented, the lottery principle, the first come first served principle and the probability to survive principle. Arguments in favour and against each principle are discussed. The focus is on the utilitarian probability to survive principle, which was adopted in German legislation in 2022, and its discriminatory potential against people with disability. The essay suggests ways to mitigate the concerns of discrimination related to the probability to survive principle. It concludes that resolving the triage dilemma requires a balanced approach between utilitarian and rights-based concerns, which promotes both maximising the number of patients surviving and the right not to be discriminated against and be treated equally. It calls for a further debate on how many ethical values such as equity, fairness and non-discrimination we are willing to sacrifice for a higher number of survivors and when we are willing to sacrifice survivors to secure ethical values.

Habermann, Julia and Louisa Zech, ‘The COVID-19 Pandemic in Germany: Prevention Measures, Protest and the Impact on Crime Rates’ in Dina Siegel, Aleksandras Dobryninas and Stefano Becucci (eds), Covid-19, Society and Crime in Europe (Springer, 2022) 197–220
Abstract: This chapter describes the development of the Covid-19 pandemic in Germany in 2020 and its impact on different crime phenomena. The first relatively moderate wave was followed by a more severe second wave starting in Fall. Different measures went into force, but no nationwide stay-at-home orders were enacted. The measures received widespread acceptance among the population. Nevertheless, a protest movement developed from May onwards. The participants form a heterogeneous group. Strong right-wing narratives are used, and some politically motivated crime is linked to the protests. Changes in particular offence areas and crime in general are mostly not discernible or are quite small when the development of police crime statistics for 2020 is compared with previous years. The predominant small changes in crime rates may be related to the less intrusive measures compared to other countries.

Hadrowicz, Sandra, ‘The Liability of Public Authorities for “Legal Damages” During the Covid-19 Pandemic’ in Edyta Hadrowicz (ed), Polish Entrepreneurial Law in the Era of the COVID-19 Pandemic: Problems and Challenges (Springer, 2024) 47–62
Abstract: The outbreak of the Covid-19 pandemic caused numerous changes in socio-economic life around the world. All countries around the world faced the challenge of dealing with the effects of the pandemic. However, the actions taken by the public authorities have not been without detriment to various spheres of human activity, in particular the sphere of economic activity. As a result, the affected entrepreneurs have suffered numerous losses, for which it is necessary to find an appropriate legal basis. For this reason, the chapter considers whether, and if so to what extent, a public authority may be held liable for Covid damages caused to entrepreneurs when the intrusive actions of the authority have been assessed as lawful. The analysis concerns the admissibility of holding public authorities liable for legal damages both in Poland and Germany.

Halladay, Carolyn, ‘Not Dead Yet: Protest, Process, and Germany’s Constitutional Democracy Amid the Coronavirus Response’ in Nadav Morag (ed), Impacts of the Covid-19 Pandemic (Wiley, 2022) 59–78
Abstract: The COVID-19 response in the Federal Republic of Germany (FRG) did not entail a declaration of a state of emergency. No provisions or procedures of the German constitution were suspended at any point. To be sure, the FRG’s COVID response – including lockdowns, travel bans, hygiene rules, mask guidelines, distancing, testing, tracing, immunization plans, and so on – represents something other than business as usual. According to the Federal Ministry of Health, Germany’s first official case of COVID-19 occurred in a man in the southern state of Bavaria on 27 January 2020. Germany’s success with the first wave may have wrongly inflected overly buoyant expectations about successive waves – at all levels of politics and society – for better and worse. Either way, things were about to get weird in the FRG, although at first, the summer seemed to be shaping up rather nicely as SARS-CoV-2 restrictions eased.

‘Inequality in the Impact of the Coronavirus Shock: Evidence from Real Time Surveys’ (IZA Discussion Paper No 13183, April 2020)
Abstract: We present real time survey evidence from the UK, US and Germany showing that the labor market impacts of COVID-19 differ considerably across countries. Employees in Germany, which has a well-established short-time work scheme, are substantially less likely to be affected by the crisis. Within countries, the impacts are highly unequal and exacerbate existing inequalities. Workers in alternative work arrangements and in occupations in which only a small share of tasks can be done from home are more likely to have reduced their hours, lost their jobs and suffered falls in earnings. Less educated workers and women are more affected by the crisis.

Inozemtsev, Maxim I, ‘Legal Regulation of Crypto-Asset Markets in the EU in the Post-COVID Period’ in Vladimir S Osipov (ed), Post-COVID Economic Revival, Volume I: Sectors, Institutions, and Policy (Springer, 2021) 315–326
Abstract: This chapter examines the theoretical understanding and legal regulation of the European crypto-asset market in the post-COVID period, including compatibility of the proposed draft unified legal framework for the crypto-assets circulation with the legal order of the EU member states (Germany, Malta), as well as the competition between the EU legal order and the legislation of the advanced European countries (Switzerland, Liechtenstein) in the field of legalizing crypto-assets. The traced evolution of legal regulation in the field of crypto-assets circulation allows us to conclude that the EU institutions are working quite effectively and consistently to give a ‘pan-European response’ to the challenges of digitalization, but there are some difficulties in synchronizing the created European legal framework with the interests of the EU member states and their often more advanced regulation. The results of the study of the problems of regulating crypto-assets in the European Union contribute to the development of the Russian scientific doctrine in the field of crypto-assets circulation allowing us to adjust the digital assets and digital currencies legalization model in Russia, also laying the foundation for forming supranational legal foundations that will let crypto-assets circulate in the Eurasian Economic Union.

Irlacher, Michael and Michael Koch, ‘Working from Home, Wages, and Regional Inequality in the Light of COVID-19’ (SSRN Scholarly Paper No ID 3582329, 2020)
Abstract: We use the most recent wave of the German Qualifications and Career Survey and reveal a substantial wage premium in a Mincer regression for workers performing their job from home. The premium persists within narrowly defined jobs and after controlling for workplace activities and accounts to more then 10%. In a next step, we provide evidence on substantial regional variation in the share of jobs that can be done from home across NUTS2 districts in Germany. Our results suggest that the COVID-19 crisis might affect already poorer regions more heavily as a lower share of workers can work from home there. Hence, looking at regional disparities in terms of different types of occupations is central for policy makers in choosing the right economic policies to mitigate the consequences of the crisis.

Kahl, Wolfgang and Konstantina-Antigoni Poulou, ‘The Rule of Law and Fundamental Rights in the Coronavirus Pandemic in Germany’ in Kostas Chrysogonos and Anna Tsiftsoglou (eds), Democracy after Covid: Challenges in Europe and Beyond (Springer International Publishing, 2022) 125–146
Abstract: The coronavirus pandemic has been a great challenge for most constitutional states in many aspects. This will be illustrated in this contribution taking Germany as an example, with the focus lying mainly on the rule of law principle and fundamental rights, examined in light of the case law developed so far. Notably during the first lockdown, a lot of fundamental rights in Germany were massively curtailed. This is why this unprecedented situation was sometimes qualified as a ‘state of emergency’ or a ‘corona-dictatorship’, given that the breadth, depth and duration of the encroachments on fundamental rights were, and in some cases still are, exceptionally great. Nevertheless, the following contribution demonstrates that such an approach is misplaced. The German Basic Law (‘Grundgesetz’) does not provide for a state of emergency or any other exceptional provisions regarding the interventions in fundamental rights in times of crisis. The traditional model of the separation of powers has proven to be sufficiently flexible to meet the needs for even far-reaching encroachments on fundamental rights on the one hand, and to adequately control and react to these encroachments in accordance with the rule of law on the other.

Kaiser, Anna-Bettina and Roman Hensel, ‘Federal Republic of Germany: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2021)
Abstract: The Covid-19 crisis has not changed the basic constitutional arrangements, especially with regard to the federal structure of Germany. While it gave rise to crucial legal and constitutional questions, the efforts against the pandemic were, all in all, carried out without any significant departure from the customary patterns of constitutional lawmaking and litigation in Germany.

Kempfle, Roland, ‘The Covid-19 Pandemic and Criminal Proceedings in Germany’ in Katarzyna Gajda-Roszczynialska (ed), Impact of the COVID-19 Pandemic on Justice Systems: Reconstruction or Erosion of Justice Systems: Case Study and Suggested Solution (V&R Unipress, 2023) 423 [OPEN ACCESS E-BOOK]

Kecső, Gábor, Boldizsár Szentgáli-Tóth and Bettina BOR, ‘Emergency Regulations Entailing a Special Case of Norm Collision Revisiting the Constitutional Review of Special Legal Order in the Wake of the COVID-19 Pandemic’ (2024) 14(1) Juridical Tribune / Tribuna Juridica 5–26
Abstract: This contribution will interpret conflict between an emergency order and an ordinary law as a special case of norm collision and will revisit the constitutional review of such cases through this lens. First, the theoretical framework of emergencies will be taken into account, and then, based on the relevant constitutional case law of Austria, Germany, Hungary, Romania and Slovenia delivered during the recent public health emergency, a comparative analysis will investigate the most popular techniques to outline the scope of emergency regulation. Finally, based on this research, a three-step analysis will be proposed for constitutional courts to approach such issues by taking into account either the theoretical, the formal and the substantial aspects of the case. Apart from highlighting the role of constitutional review to establish the objective limits of emergency regulations, we also aim at giving additional weight on the formal and the theoretical prongs of the assessment of extraordinary state interferences, which have been consistently underestimated in our sense.

Kirchner, Stefan, ‘End-of-Life Decisions Amid the Covid-19 Pandemic as a Practical Problem of Criminal Law Theory’ (SSRN Scholarly Paper No ID 3576543, Social Science Research Network, 15 April 2020)
Abstract: The current Covid-19 pandemic threatens to overwhelm health care systems. Because many patients have to be provided with ventilators, there is a risk that not all patients will receive the medical help they require. This has already happened for example in Italy, Spain and France and at the time of writing, during the second week of April 2020, it appears likely that other countries will face the same shortages. In some countries, guidelines have been created to determine under which circumstances a patient will be allocated a ventilator. This allocation of scarce life-saving resources raises significant concerns regarding the protection of the right to life and respect for human dignity. By determining that a person’s life has to end in order to re-allocate resources such as a respirator in an intensive care unit the patient is no longer an actor but becomes the mere object of the decision made by others. This is incompatible with the concept of human dignity, in particular when one takes into account the definition of human dignity employed by the German Federal Constitutional Court in several cases. This notion can be traced back to Immanuel Kant. In practice, however, medical decision-makers will be forced to choose between different patients. These choices can be deadly for one patient and potentially life-saving for the other, violate human dignity and place an inhuman burden on those who have to decide. This text aims to investigate this matter from the perspective of criminal legal theory and to provide guidance as to whether ending life-saving measures amounts to an action or an omission.

Kitai-Sangero, Rinat, ‘Pandemics of Limitation of Rights’ (2024) 39(1) Touro Law Review 89–130
Abstract: This Article discusses the limitation of rights due to pandemics. It analyzes from a constitutional standpoint the holding of the German Federal Constitutional Court (Das BUNDESVERFASSUNGSGERICHT) from April 2022 as a symptom of moral panic disguised through an analytical process. Though it focuses on this case, it sheds light on the moral panic that characterized many countries’ approaches during the COVID-19 pandemic. On April 27, 2022, the German Federal Constitutional Court held that a provision to provide proof of vaccination against COVID-19, recovery from COVID-19, or a medical exemption to COVID-19 vaccination as a condition of employment in the health and care sectors was constitutional. In the name of the necessity to protect life—which is undoubtedly the supreme value—the German Federal Constitutional Court was dragged after the global moral panic and has given a hand to disproportionately trampling human rights. It refused to recognize an alternative means of submitting negative COVID-19 tests as a condition of working with vulnerable people and as a less restrictive means of reaching the goal of protecting vulnerable people. It did not give weight to the autonomy of the individual, including vulnerable people, to take risks. It did not accord the due weight to the injury to livelihoods, career losses, the interruption of academic studies, and the breach of bodily integrity. It needed to adequately address the legitimacy of the sacrifice of the individual for the collective good. The failure to satisfy the requirement of proportionality could indicate the underlying intention of the ruling—putting pressure on people to get vaccinated. The COVID-19 pandemic crisis illustrates the great potential of coercive public health powers to infringe on civil liberties and the fragility of human rights when faced with danger to health. This Article advances the case for demonstrating greater respect for peoples’ autonomy to take health risks before establishing coercive measures— which curtail fundamental rights—to prevent or reduce the spread of infectious diseases. The Article sets forth principles the state should consider before limiting constitutional rights and claims that people around the world should not be deprived of their choices.

Knauff, Matthias, ‘Coronavirus and Soft Law in Germany: Business as Usual?’ [2021] European Journal of Risk Regulation (advance article, published 9 February 2021)
Abstract: In combating the coronavirus pandemic in Germany, soft law has played an important, albeit not a central, role. Its use basically corresponds to that of under ‘normal circumstances’. In accordance with the German constitutional order, almost all substantial decisions are made in a legally binding form. However, these are often prepared through or supplemented by soft law. This article shows that soft law has played an important role in fighting the pandemic and its effects in Germany, although there cannot be any doubt that legally binding forms of regulation have prevailed. At the same time, the current pandemic has shed light on the advantages and effects of soft law in the context of the German legal order.

Lorenz, Henning and Engin Turhan, ‘The Pandemic and Criminal Law - A Look at Theory and Practice in Germany’ (2021) 26(6) Bialystok Legal Studies / Bialostockie Studia Prawnicze 9–26
Abstract: : This article provides an overview of the topic of the pandemic from the perspective of criminal law theory and practice in Germany. First of all, the major criminal off ences of bodily injury and murder are discussed in the context of infecting a person with the Coronavirus and the (possible) consequences of having Covid-19, such as risk of death. Th e dilemmatic situation of triage, i.e., allocating limited intensive care resources, is illustrated in relation to the same off ences. Th en, the more specifi c crimes that came to the fore in the course of the pandemic are addressed. Subsidy fraud due to the state aids intended to compensate for the fi nancial damage in the marketplace because of pandemic-related measures, and issuance or use of incorrect health certifi cates for exemption from the obligation to wear a face mask fall within this scope. Finally, the administrative off ences law of the German Infection Protection Act was discussed, primarily with regard to regulations that violate the principle of legal certainty

Mangold, Anna Katharina, ‘Germany and COVID-19: Expertise and Public Political Deliberation’ in Joelle Grogan and Alice Donald (eds), Routledge Handbook of Law and the COVID-19 Pandemic (Routledge, 2022) 336
Abstract: In January 2020, information about a highly contagious virus in Wuhan started to get public attention in Germany. The debate in Germany has mainly focused on questions of vertical and horizontal separation of powers, the role of expertise in the COVID-19 response and restrictions of fundamental rights as adjudicated by courts. As the meetings between federal and Lander governments continued, there was also growing criticism over their closed-door nature, which set them apart from public deliberation in Parliament. At the end of March 2020, the first Act on the Protection of the Population in the Event of an Epidemic Situation of National Significance introduced a new § 5 into the Infection Protection Act, providing the federal health ministry with far reaching powers to announce COVID-19 measures by decree. With several Länder elections and the federal general elections in September 2021, the political situation in Germany is, at the time of writing, volatile.

Müller, Michael W and Annalisa Tassi, ‘Purchasing Time: The First 100 Days of German COVID-19 Policy’ in Aleksandar Stojanović, Luisa Scarcella and Christina R Mosalagae (eds), The First 100 Days of Covid-19: Law and Political Economy of the Global Policy Response (Springer Nature, 2023) 173–205
Abstract: The chapter analyzes the first 100 days of German COVID-19 policy focusing on the legal and economic responses to the immediate outbreak of the Coronavirus and the accompanying public debate. While there have been demanding measures against the spread of the virus from the beginning on, first studies suggest a high level of compliance with such measures. At the same time, significant material support was provided in the form of financial relief for businesses and individuals. With the crisis further progressing, however, it has been criticized that the relief measures were neither able to fairly distribute the burdens of the pandemic nor could they be upheld for long without endangering public finances. All this suggests that Germany, in the early days of the pandemic, was able to purchase time without, however, designing a sustainable framework for intervention and burden-sharing.

Musiał-Karg, Magdalena and Izabela Kapsa (eds), Elections in Times of a Pandemic: Dilemmas and Challenges: Experiences of the European Countries (Brill, 2024)
Abstract: The COVID-19 pandemic demonstrated that unexpected and unpredictable situations can hinder the conduct of general elections around the world. The book is a comprehensive analysis of the organization of elections during the COVID-19 pandemic. In addition to the theoretical perspective, it familiarizes the public with specific electoral solutions adopted during the pandemic in selected European countries (Italy, Germany, Lithuania, Serbia, Russia, Czech Republic, Estonia, Latvia, Liechtenstein, Poland). The editors believe that this book will bring closer the specific solutions adopted in the considered countries during the COVID-19 pandemic and provide readers with a multi-faceted understanding of elections in emergency situations.

Penssel, Renate, ‘Germany’s Response to the COVID-19 Pandemic - A Review of the Main Legal Sources, Their Application and Legal Questions Deriving Therefrom’ (2020) 7(1) Jus et Civitas: A Journal of Social and Legal Studies 1–12
Abstract: The Federal Republic of Germany and its Lander responded to the uncontrolled spread of COVID-19 in March 2020 by ordering the most severe encroachments on fundamental rights in their previous history (like the prohibition of all events and gatherings of people, the closure of community and recreational facilities, of gastronomy and most shops, partially even a general curfew). The debate about the legality of these measures lead to a parliamentary reversion of their legal basis, the general clause for measures to fight an infectious disease, included in the ‘Protection against Infection Act’. This article examines how this general clause and other provisions in German law have been developed and applied during the course of the crisis in order to obtain control over the spread of COIVD-19. It reflects the conformity of these developments and application with the requirements of the German constitution (especially with the guarantee of fundamental rights, the rule of law and the requirement of democratic legitimation) and documents, how they have been reviewed by jurisdiction up to now.

Poscher, Ralf, and Katrin Kappler, ‘The Legal Framework of the COVID-19 Pandemic in Germany’ in Braum, Stefan (ed), Experimental Law: The Rule of Law and the Regulation of the Corona Pandemic in Europe (Nomos, 2023) 287–326

Primorac, Željka, ‘COVID-19 as a “Significant Circumstance” for Risk Assessment in Life Insurance (in and after the Pandemic)’ (2021) 5(EU 2021 – The Future of the EU in and After the Pandemic) EU and comparative law issues and challenges series (ECLIC) 359–378
Abstract: The data on the health status of a policyholder represent a significant circumstance for risk assessment and concluding a life insurance contract, and are also legally relevant circumstances for exercising the rights from that contract. The author starts from a theoretical analysis of the perception of data on the health status of policyholders as personal data, comparing the right to confidentiality of such data with the duty to report them (before concluding a life insurance contract) in terms of reporting all circumstances relevant to the insurance risk assessment. In order to properly fulfil the obligation of pre-contractual nature, the paper analyses the legal norms governing this issue and also provides a comparative overview of the Croatian and German insurance legislation with special emphasis on the scope of health data that the insurer is authorised to require, the clarity of legal standards and legal insurance norms contained in the insurance questionnaires and the life insurance offer. Presenting the importance of COVID-19 infection and possible chronic consequences for human health, the author indicates the extent to which COVID-19 infection (mild or severe form of disease, possible need for hospital treatment) will have an impact on the design of new insurance questionnaires and the relevance of genetic testing results in the context of concluding future life insurance contracts.

Prusko, Wolfram and David Ehmke, ‘Restructuring Lessons from the Covid Pandemic: Bail-Out vs. Market Approach’ (2023) 24(2) European Business Organization Law Review 207–229
Abstract: Bail-out, bail-in, or restructuring? In this article, we argue that restructuring has its rightful place in macro crises, such as the Covid pandemic. A policy that primarily focuses on insolvency avoidance and bail-outs is misled as it creates unwanted risk incentives, distorts market selection and resource allocation, and reduces beneficial transformative pressure. As a crisis typically goes hand in hand with new and fundamental developments the changing environment should be met by competitive innovation. Bail-outs which tend to preserve the status-quo may be justified as part of a comprehensive emergency strategy and to overcome temporary market dysfunction. Such a response strategy, however should always be designed in concert with restructuring options. We propose amendments to the German insolvency and restructuring laws to address the shortcomings of restructuring/insolvency uncovered during the Covid pandemic. The goal is to improve the restructuring/insolvency regime so that it can better deal with the specific challenges of macro crises.

Ratusznik, Piotr, ‘The Amount of Rent Under the CoVid-19 Pandemic. Between Poland and Germany’ in Edyta Hadrowicz (ed), Polish Entrepreneurial Law in the Era of the COVID-19 Pandemic: Problems and Challenges (Springer, 2024) 95–109
Abstract: The outbreak of the CoVid-19 pandemic has led to unprecedented changes in the practice of law. Significant transformations have taken place in the field of contract law. The sustainability of rental agreements is a good example. Before the outbreak of the pandemic, it might have been thought that civil law in Europe was without exception based on the principle pacta sunt servanda. However, the extraordinary times of the pandemic led the judicature to apply exceptional solutions. Both in Poland and Germany, the courts as well as legal doctrine began to invoke special regulations to break the pacta sunt servanda principle. Despite the differences separating these two legal orders, both rejected any automatic solutions. The key role was played by the individual assessment of specific facts of the case.

Rainer, Arnold, ‘Pandemia and Constitutional law: Some reflections on the German experience’ (2020) 22(1) Studii Juridice şi Administrative 33–52
Abstract: The fight against the Covid 19 pandemia in Germany can be regarded, until now, as rather successful. Serious, large-scale restrictions of fundamental rights have been temporarily imposed on the population. A quick and efficient response to the infection risk was indispensable; the institutional and organizational measures taken for this purpose have stimulated the discussion how far the rule of law exigencies have been observed.

Rozell, Mark J and Clyde Wilcox, ‘Federalism in a Time of Plague: How Federal Systems Cope With Pandemic’ (2020) 50(6–7) The American Review of Public Administration 519–525
Abstract: This article compares and contrasts the responses of Australia, Canada, Germany, and the United States to the COVID-19 outbreak and spread. The pandemic has posed special challenges to these federal systems. Although federal systems typically have many advantages—they can adapt policies to local conditions, for example, and experiment with different solutions to problems—pandemics and people cross regional borders, and controlling contagion requires a great deal of national coordination and intergovernmental cooperation., The four federal systems vary in their relative distribution of powers between regional and national governments, in the way that health care is administered, and in the variation in policies across regions. We focus on the early responses to COVID-19, from January through early May 2020. Three of these countries—Australia, Canada, and Germany—have done well in the crisis. They have acted quickly, done extensive testing and contact tracing, and had a relatively uniform set of policies across the country. The United States, in contrast, has had a disastrous response, wasting months at the start of the virus outbreak, with limited testing, poor intergovernmental cooperation, and widely divergent policies across the states and even within some states. The article seeks to explain both the relative uniform responses of these three very different federal systems, and the sharply divergent response of the United States.

Saccà, Flaminia and Luca Massidda, ‘Democracies Under Pressure in Pandemic Times: The Relationship Between State of Emergency and Rule of Law in Angela Merkel and Victor Orbán’s Political Communication’ in Luisa Antoniolli and Carlo Ruzza (eds), The Rule of Law in the EU: Challenges, Actors and Strategies (Springer, 2024) 153–173
Abstract: The chapter examines the communication strategies adopted by institutional and populist leaders during the first wave of Covid-19. By comparatively analyzing official speeches delivered between March and June 2020 by Angela Merkel and Victor Orbán, the study identifies the leadership styles of two European heads of government who represent the populist/anti-populist cleavage. The contrast in the narrative strategies employed by the German Chancellor and the Hungarian Prime Minister reveals their respective approaches to the issue of the rule of law. Angela Merkel’s leadership style is characterized by her institutional, pro-European, and femininely-informed approach, while Victor Orbán’s approach is macho, populist, and anti-European. The analysis examines how these two contrasting political narratives have framed the relationship between the emergency government and the democratic structures. Taking into account three variables—the relationship between the state of emergency and the rule of law; the relationship between European institutions and national governments; the relationship between the government and other local political actors—the chapter reveals the different conceptions of liberal democracy adopted by the two leaders in the face of the pandemic: a weak political model to be overcome in Orbán’s discourse, a resilient system to be preserved in Merkel’s narrative.

Samsonow, Wladimir von, ‘Executive Powers During the Covid-19 Epidemic: The Legal Position in England-Wales and Germany Compared’ [2022] European Journal of Comparative Law and Governance (Advance article, published online 28 January 2022)
Abstract: Abstract This article aims to explore the consequences of covid-19 related laws upon democracy, concentrating on the separation of powers and the system of checks and balances. To analyse the effectiveness of measures, a comparison between England-Wales and Germany is made, in order to compare how two countries with similar demographic and economy, but different constitutional and political systems, have dealt with the epidemic. The main question that is being asked and answered is whether a constitutional crisis has taken place. And finally, the analysis how the judiciary has been the most helpful branch in the separation of powers to uphold a system of checks and balances during the epidemic in both England-Wales and Germany.

Sanders, Anne, ‘Video-Hearings in Europe before, during and after the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges.

Santos Rutschman, Ana, ‘The Reemergence of Vaccine Nationalism’ (Saint Louis University Legal Studies Research Paper No 2020–16, 2020)
Abstract: This short essay explores the reemergence of vaccine nationalism during the COVID-19 pandemic. The essay traces the pre-COVID origins of vaccine nationalism and explains how it can have detrimental effects on equitable access to newly developed vaccines.

Scharloth, Joachim, ‘Between “Mouth-Nose-Protection” and “Muzzle”: Mask Wearing in German Public Debate’ in Noriko Suzuki et al (eds), Public Behavioural Responses to Policy Making during the Pandemic: Comparative Perspectives on Mask-Wearing Policies (Routledge, 2022)

Schmidt-Kessel, Martin and Christina Möllnitz, ‘Particular Corona Contract Law in Germany : Why Does General Contract Law Not Suffice?’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: In order to handle the economic consequences of the COVID-19-pandemic, the German legislator has issued a number of specific rules for certain contracts for a limited period of time. The fact that legislation saw the need for such measures raises the question whether established German contract law is not sufficient to deal with the consequences of a large-scale crisis. This essay therefore outlines in a first step how the rules of general contract law in Germany apply to contracts affected by the COVID-19-crisis. The second step is dedicated to an analysis of the interaction between the particular rules within the emergency regulation and the general contract and will conclude with some first tentative answers to the general question concerning the reasons to amend German law by the Corona Contract Law legislation.

Schomaker, Rahel M and Michael W Bauer, ‘What Drives Successful Administrative Performance during Crises? Lessons from Refugee Migration and the Covid-19 Pandemic’ (2020) 80(5) Public Administration Review 845–850
Abstract: The Covid-19 pandemic affects societies worldwide, challenging not only health sectors but also public administration systems in general. Understanding why public administrations perform well in the current situation—and in times of crisis more generally—is theoretically of great importance, and identifying concrete factors driving successful administrative performance under today’s extraordinary circumstances could still improve current crisis responses. This article studies patterns of sound administrative performance with a focus on networks and knowledge management within and between crises. Subsequently, it draws on empirical evidence from two recent public administration surveys conducted in Germany in order to test derived hypotheses. The results of tests for group differences and regression analyses demonstrate that administrations that were structurally prepared, learned during preceding crises, and displayed a high quality in their network cooperation with other administrations and with the civil society, on average, performed significantly better in the respective crises. Evidence for Practice While practitioners often prefer centralized and hierarchical solutions in times of crisis, this study highlights the potential of reflexive and adaptive use of multiactor networks to cope with the extraordinary. Administrations that are prepared and that display a high quality in their network cooperation with other administrations and with civil society, on average, performed significantly better in their respective crises. Knowledge management and resource sharing—both among administrative units and with civil society—increase organizational ability to perform well in crisis situations. Administrations do best when lessons learned in crises are accessibly stored and when previously successful crisis networks can be quickly revitalized, thus allowing for intercrisis learning—documentation of best practices during crises—via smart or traditional forms of data storing and organizational memory keeping—further boost the performance of administrations during succeeding crises. In the early stages of a crisis, decision makers need to invest in organizational self-awareness of how challenges are mastered and how insights about optimal coping are best passed on.

Schreier, Sarah and Katharina Leimbach, ‘Same but Different? A Qualitative Analysis of the Influence of COVID-19 on Law Enforcement and Organized Crime in Germany’ (2023) 26(2) Trends in Organized Crime 180–201
Abstract: Criminological research on COVID-19 and its repercussions on crimes, criminals and law enforcement agencies is still in its infancy. This paper fills that void with regard to the influence of COVID-19 on organized crime and the work of law enforcement agencies’ investigations of organized crime in Germany by presenting empirical findings from a nationwide qualitative interview study. Through the methodological combination of Grounded Theory and Situational Analysis, we find three central narratives (us vs. them, nationalization vs. internationalization, conservatism vs. innovation) that were provided by law enforcement personnel in terms of the way in which COVID-19 influenced both organized crime groups and their work in the investigation thereof. Following a reflexive approach, the implications of COVID-19 on the research process itself are also discussed.

Souza, Antonio, ‘Coronavirus and Constitutional Jurisdiction’ (SSRN Scholarly Paper No ID 3709063, 7 March 2020)
Abstract: This article aims to understand the coronavirus pandemic in the light of comparative law in a jurisprudential analysis between Brazil and Germany.

Sprengholz, Philipp, Luca Henkel and Cornelia Betsch, ‘Payments and Freedoms: Effects of Monetary and Legal Incentives on COVID-19 Vaccination Intentions in Germany’ (4 June 2021) (published online 4 June 2021)
Abstract: Monetary and legal incentives have been proposed to promote COVID-19 vaccination uptake. To evaluate the suitability of incentives, an experiment with German participants examined the effects of payments (varied within subjects: 0 to 10,000 EUR) and freedoms (varied between subjects: vaccination leading vs. not leading to the same benefits as a negative test result) on the vaccination intentions of previously unvaccinated individuals (n = 782). While no effect could be found for freedoms, the share of participants willing to be vaccinated increased with the payment amount. However, a significant change required large rewards of 3,250 EUR or more. While monetary incentives could increase vaccination uptake by a few percentage points, the high costs of implementation challenge the efficiency of the measure and call for alternatives. As experimental data suggest that considering vaccination as safe, necessary, and prosocial increases an individual’s likelihood of wanting to get vaccinated without payment, educational campaigns should emphasize these features when promoting vaccination against COVID-19.

Stothers, Christopher and Alexandra Morgan, ‘IP and the Supply of COVID-19-Related Drugs’ (2020) 15(8) Journal of Intellectual Property Law & Practice 590–593
Abstract: Considers the implications for intellectual property law of the widespread collaboration between pharmaceutical companies in developing treatments for COVID-19. Examines the mechanisms developed in the UK, the US, Austria, Germany and the Netherlands for bypassing trading rights and patent rights.

Szilasi, Veronika, ‘Hungarian Adaptability of German and Austrian Medical Ethics Experience and Good Practices in Pandemic Response’ in Assya Pascalev and Gergely Tari (eds), Ethical Issues of the SARS-CoV-2 Outbreak in East-Central Europe and Beyond (Trivent Publishing, 2024) 279–296
Abstract: The Covid-19 pandemic has entailed dramatic consequences: there is hardly any field in global health care not affected by either the virus itself or by the wide-ranging ethical and social disputes evoked by the coronavirus situation. Prevention has been associated with significant economic sacrifice influencing people’s private lives as well, which has also considerably impacted their mental well-being in the short term. This public health emergency, together with the mandatory quarantine has often violated the right to personal liberty, as well as the right to health care. There has been a clash in the decisions concerning the protection of the community and individual health protection or prevention. Since human resources have been redeployed in health care, the establishment of some kind of patient hierarchy has become inevitable. This paper responds to particular issues that emerged in the past two years, so it does not provide a thorough analysis of the adaptation of any specific good practice. The study reviews the medical ethics aspects of some Austrian and German measures (quarantine, travel restrictions, communication, wearing face masks, potential introduction of a vaccine passport, ongoing smooth provision of primary care, treatment of risk groups, prevention, mental health prevention of health care staff, the role of telemedicine) and examines how some theoretical considerations and specific measures could be adapted effectively to the Hungarian practice. I chose these two countries because, despite significant differences in economy and social structure, there are historical links and cultural similarities that allow for adequate comparison and adaptation of good practice. In addition, Hungary considered these countries ‘model laboratories’ and closely monitored the measures they implemented for success.

Tambou, Olivia and Alexia Pato, ‘COVID-19 Vaccination and Data Protection Issues: A European Comparative Study With Focuses on France, Germany, Belgium, and Switzerland’ (MPILux Research Paper No 2021(3), 4 March 2021)
Abstract: This report, which tackles data protection issues related to Covid-19 vaccinations, completes the study on vaccination policies carried out by the Max Planck Institute Luxembourg upon the request, and for the benefit of, the Ministry of Health of Luxembourg. The first part of this research project analyses the safeguard measures and guarantees put in place for the processing of data related to Covid-19 vaccinations in the EU. The general framework on data protection, i.e. the GDPR, is examined and relevant references to the law of the Council of Europe and the main recommendations at the European level are made. The purpose of this first part is to assess what EU Member States should do and what room for manoeuvre is left to those for the processing of data generated as a result of the Covid-19 vaccinations. The second part of the research project consists in a comparative analysis of the data protection laws in the area of public health in France, Belgium, Germany and Switzerland with specific references to Covid-19 vaccinations. The purpose of this second part is to understand and compare the approach taken in the selected States.

Tonti, Lauren, ‘Symphony or Cacophony? Orchestrating Federal Mechanics toward Covid-19 Response in the United States and Germany’ [2022] European Journal of Health Law (advance article, published online 4 March 2022)
Abstract: Governance is a critical upstream tool in public health emergency preparedness, for it provides structure to emergency response. Pandemics, singular public health emergencies, pose challenges to inherently fragmented federal governance systems. Understanding and utilizing the facilitators of response embedded within the system is critical. In its examination of how contemporary federal systems addressed fragmentation in the face of the Covid-19 pandemic, this article uses two mitigation measures, community masking and vaccination administration to compare elements of federal system mechanics in the United States and Germany’s respective pursuits of public health goals. With particular focus on federal-state power-sharing, it analyzes the division and application of federal-state authority, therein examining mechanisms of executive expediency, as well as the cooperation of multilevel actors. Comparing the jurisdictions identifies inter-federal coordination, availability of exigency mechanisms, and federal guidance as facilitators of public health goal achievement.

Toscer-Angot, Sylvie, ‘The COVID-19 Pandemic and Religion in Germany’ in Brian Conway et al (eds), Religion, Law, and COVID-19 in Europe: A Comparative Analysis (Helsinki University Press, 2024) 247–263 [OPEN ACCESS E-BOOK]
Abstract: Similar to the situation across Europe, the COVID-19 pandemic and subsequent government-imposed restrictions had a profound impact on both individual and collective religious practices and overall religiosity in Germany. As physical gatherings became perilous, religious institutions swiftly adapted by transitioning to digital platforms, offering online religious services, creating virtual memorial pages, and broadcasting ceremonies and funerals live. This unexpected shift forced a re-evaluation of the relationship between the state and religious communities in Germany, demonstrating that religion was not solely a personal matter but also a concern of the state. The federal structure of Germany meant that COVID-19 restrictions differed across the country, but the historically cooperative relationship between the state and religious groups facilitated compliance with COVID-19 measures. A small number of legal cases were tried in the courts, but in general the restrictions on collective religious life found broad acceptance among major religious authorities. Though protests against restrictions as well as conspiracies and vaccine hesitancy occurred, most religious authorities actively supported state regulations and also contributed to public vaccination campaigns.

Valdivia, Alejandro, Johannes Gallon and Anna Katharina Mangold, ‘Occupational Health in Slaughterhouses in Germany: Translating Political Claims into Legal Language during the COVID-19 Pandemic’ (2023) 69(4) Zeitschrift für Sozialreform 279–303
Abstract: The COVID-19 pandemic provided political momentum for social and legal change in occupational health in slaughterhouses in Germany. After years of unsuccessful scandalisation over the precarious working conditions in slaughterhouses, a comprehensive legislative framework was introduced in 2020: the Federal Occupational Health and Safety Control Act (Arbeitsschutzkontrollgesetz). This article traces the political and legal events leading to the enactment of this legislation, contributing to a wider empirical debate about the interaction of civil society and democratic institutions. Methodologically, we combine a legal analysis of the legislative process with a political science analysis of the participation of civil society actors, mainly labour unions. Theoretically, we explore how civil society actors translated the content of political claims into legal arguments through the lens of disciplinary translations and knowledge translation. The results of our study highlight the importance of translations as a hermeneutic concept for bringing about legal changes.

Wahnschaffe, Christian Johannes, ‘The Impact of Covid-19 in German Contract Law’ [2020] Opinio Juris in Comparatione (pre-print)
Table of contents I. Covid-19 as an Impediment to Performance under German Contract Law I.1. Impossibility of Performance I.2. Disproportionality of Performance and Fundamental Change of Circumstances I.3. Contractual Remedies II. Contemporary Legislative Responses in the Wake of the Covid-19 Pandemic II.1. Temporary Moratoriums on ‘Essential’ Continuous Obligations, Art. 240 s 1EGBGB II.2. Temporary Restrictions on the Termination of Lease Agreements, Art. 240 s 2EGBGB II.3. Temporary Deferral of Payments in B2C Loan Agreements, Art. 240 s 3 EGBGB II.4. Recreational Events and Package Travel Contracts: Vouchers Instead of Refunds,Art. 240 s 5 EGBGB and Art. 240 s 6 EGBGB III.

Wee, Alicia and Mark Findlay, ‘Digital Contact Tracing – An Examination of Uptake in UK and Germany’ (SMU Centre for AI & Data Governance Research Paper No 10, 1 September 2021)
Abstract: At the start of the pandemic, our research on community disquiet surrounding tracking and tracing surveillance used as COVID-19 control led us to our conclusion that a failure to engage with the public in the development and execution of the technology had a negative influence on the way it has been received. In this paper, we sought to test our view: that damaged or absent trust, relating to the technology or its sponsors (particularly governments), was key in understanding the way community disquiet constrained efficacy of the control policy. However, initial findings have demonstrated instances where trust relationships were damaged this did not always or consistently appear to deter significant rates of downloads. Conversely, initial public engagement and approval of the technology likewise did not always or consistently result in requisite uptake rates being met, for the technology to work as planned. Through our survey of the UK and German app, how trust is created and maintained is neither simple not inevitable. Externalities beyond community engagement effected trust in various ways depending on the wider socio-political control environment prevailing. What can be said of trust and engagement is that their absence, along with other influences of public permission and approval, can have an impact on how control initiatives are received by data subjects. Therefore if trust and engagement are not magic bullets for efficacy, their absence will produce disquiet and this can impact on the sustainability of pandemic control policy.

Wetlitzky, Tobias, ‘Water Under the Bridge? A Look at the Proposal for a New Chapter 16 of the Bankruptcy Code from a Comparative Law Perspective’ (2021) 37(2) Emory Bankruptcy Developments Journal 255–284
Abstract: In light of the ongoing COVID-19 pandemic, bankruptcy law will play a crucial role in addressing the consequences of the global economic shutdown. Many large corporations in the U.S. will need to undergo chapter 11 bankruptcy proceedings or may attempt to reorganize their financial debt in an out-of-court workout. However, section 316(b) of the Trust Indenture Act of 1939 has long been blamed for making out-of-court restructurings practically impossible, because it requires unanimous approval from bondholders. In 2014, the National Bankruptcy Conference presented a solution for the inefficiencies in bond workouts by proposing a streamlined debt reorganization procedure for borrowed money in a new chapter 16 of the Bankruptcy Code. This Article argues that now is time to take a new look at the 2014 proposal from a comparative law perspective. Considering the legal situation in England and Wales as well as Germany, the Article outlines a proposal for a modern workout mechanism for bond debt.

Zetzsche, Dirk A et al, ‘The COVID-19-Crisis and Company Law: Towards Virtual Shareholder Meetings’ (University of Luxembourg Faculty of Law, Economics & Finance No WPS 2020-007, 15 April 2020)
Abstract: Legislation responding to COVID-19 allows us to examine how, and to what effect, the corporate governance framework can be amended in times of crisis. Almost all leading industrialized nations have already enacted crisis legislation in the field of company law. Here, given the difficulties or indeed the impossibility of conducting in-person meetings currently, the overall trajectory of company law reforms has been to allow for digitalization.We note five fields in which legislators have been particularly active. First, the extension of filing periods for annual and quarterly reports to reflect the practical difficulties regarding the collection of numbers and the auditing of financial statements. Second, company law requires shareholders to take decisions in meetings – and these meetings were for the most part in-person gatherings. However, since the gathering of individuals in one location is now at odds with the measures being implemented to contain the virus, legislators have generally allowed for virtualonly meetings, online-only proxy voting and voting-by-mail, and granted relief to various formalities aimed at protecting shareholders (including fixed meeting and notice periods). Third, provisions requiring physical attendance of board members, including provisions on signing corporate documents, have been temporarily lifted for board matters. Fourth, parliaments have enacted changes to allow for more flexible and speedy capital measures, including the disbursement of dividends and the recapitalization of firms, having accepted that the crisis impairs a company’s equity. Fifth and finally, some countries have implemented temporary changes to insolvency law to delay companies’ petitioning for insolvency as a result of the liquidity shock prompted by the imposition of overnight lockdowns.This working paper seeks to (1) document the respective crisis legislation; (2) assist countries looking for solutions to respond rapidly and efficiently to the crisis; (3) exchange experiences of crisis measures; and (4) spur academic discussion on the extent to which the crisis legislation can function as a blueprint for general corporate governance reform. Countries considered in full or in part include Australia, Austria, Belgium, Canada, China, France, Germany, Hong Kong, India, Italy, Luxembourg, the Netherlands, Norway, Portugal, Singapore, South Korea, Spain, Switzerland, Thailand, the United Kingdom, and the United States. Readers are encouraged to highlight any inaccuracies on the part of the authors in their presentation of the respective laws, and to bring further crisis-related legislation not considered in this working draft to the attention of the authors. Moreover, readers are invited to indicate where there is room for improvement therein, and/or to signal the need for policy reform.

Greece

Androutsopoulos, George, ‘The Right of Religious Freedom in Light of the Coronavirus Pandemic: The Greek Case’ (2021) 10(1) Laws 14
Abstract: The purpose of this article is to take into consideration the impact of unprecedented restrictions due to COVID-19 on the exercise of religious freedom according to the Greek legislation and case-law. The crucial fact to be examined is the proportionality of the exceptional measures of the Greek State. At the beginning of the pandemic, religious ceremonies were allowed only in the presence of clerics, but nowadays they are permitted on the condition that the measures of ‘social distancing’ are being followed strictly. As it is generally accepted, the Greek State managed to deal with the pandemic without deviations from constitutional order and protection of fundamental rights, in accordance with a ‘pressing social need’. In this context, the case-law of the Greek courts is of great importance, which ruled that the above mentioned restrictions did not offend the principle of proportionality, especially because of their temporary and short-term character. Nevertheless, these restrictive measures must be revised from time to time, considering the updated, epidemiological data in order to be selected the most appropriate and less stringent on a case-by-case basis. Consequently, these judgments do not give government a blank cheque regarding the management of the pandemic, but rather provide them with a clear framework which is able to guarantee the measures’ accordance with the Greek Constitution. However, the potential risk that people may become used to the restrictions imposed after the crisis has passed must not be overlooked.

Bakirtzi, Effrosyni, ‘Remote Work Regulation during and after the Pandemic in Greece and Germany: Comparative Legal Frameworks and Challenges for the Future of Work’ (2022) 15(2) Italian Labour Law e-Journal 17–36
Abstract: The contribution focuses on telework and remote work legislative transformations during the corona pandemic based on the experiences of two countries, Greece and Germany. Greece has introduced in 2021 a reform of teleworking regime both in the private and public sectors. Germany has only addressed the increased teleworking needs ad hoc with less profound changes in the existing teleworking regime. The teleworking/remote working national legal frameworks of these two countries are compared and the transitions to a flexible virtual workplace are contextualized. The paper demonstrates how these transitions addressed only partially the labour and social fundamental rights of employees.

Christofilou, Alkistis et al, ‘COVID-19 Treatment Refusal: Medical Liability Insurance in Greece in Light of the Oviedo Convention’ in María Luisa Muñoz Paredes and Anna Tarasiuk (eds), Covid-19 and Insurance (Springer, 2023) 219-249
Abstract: Amidst the Covid-19 pandemic, an increase has been observed in patients refusing medical treatment, hospitalisation and especially intubation, which can have detrimental effects on patients in a critical condition. This trend has caused great challenges to doctors and hospitals, which have the legal obligation to respect the patient’s right to self-determination, which dictates that the patient’s prior informed consent is a precondition for all medical treatment, albeit with strictly regulated exceptions, but at the same time have an ethical and statutory obligation to offer the best medical treatment available to save the patient’s life. This chapter examines the issue of professional medical liability under such borderline Covid-19 refusal of treatment instances, and how refusal of treatment could impact professional liability insurance covers. The chapter aims to understand the nuances of informed consent, especially under the prism of Covid-19 patients refusing treatment; identify potential situations under this spectrum that give rise to professional liability; and outline how private professional liability insurance may provide coverage to doctors caring for Covid-19 patients who refuse treatment.

Dacoronia, Eugenia, ‘Coronavirus and Its Impact on Contracts in Greece’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: To face COVID-19, this current, exceptional, and unforeseeable pandemic, the extraordinary procedure of enacting Acts of Legislative Content was followed in Greece, a procedure provided by the Greek Constitution in exceptional circumstances. Accordingly, as of the 25th of February 2020 till the 1st of May 2020, nine Acts of Legislative Content have been issued. They have been ratified by law and have been followed by a considerable number of ministerial decisions, necessary for their implementation. Said acts contain provisions imposing measures for the prevention and limitation of the spread of COVID-19, including the lockdown of enterprises for a certain period as well as provisions for the regulation of such lockdowns to specific contracts. The purpose of the present contribution is to shortly present these provisions as well as the provisions of the Greek Civil Code which apply when events of force majeure, such as the pandemic of the COVID-19, occur.

Drossos, Yiannis and Elena Buoso, ‘COVID-19 as a Global Institutional Event and Its Institutional Treatment in Greece’ (2021) 1(1–3) Legal Policy and Pandemics: The Journal of the Global Pandemic Network 115–122
Abstract: This article, reflects an oral presentation given on 5 March 2021. Offering remarks and comments on the institutional impact of the anti-COVID measures indicates the institutional relevance of the pandemic. It is argued that the COVID-19 pandemic, notwithstanding its global nature, has marked a gradual retreat from the globalization. It has also marked the ‘return’ of the state -in contrast to the market- as the powerful actor suitable to assume and guarantee the measures necessary to combat the pandemic. The pandemic has also brought up some more general issues, such as the relation between science and politics, the relevance of the Constitution in times of ‘exception’, the reinforcement of the Executive at the cost of the Legislative, the need to accept limitations to the individual rights in order to combat the pandemic, the role and the limits of the Judiciary in times of the exceptional threat posed by the pandemic. The article then briefly presents the anti-COVID measures taken by Greece until the first months of 2021 and ends up raising the question whether the pandemic has created the pattern and mindset for permanent changes in our institutional structures and procedures.

Fitsilis, Fotios and Athanasia Pliakogianni, ‘The Hellenic Parliament’s Response to the COVID-19 Pandemic: A Balancing Act between Necessity and Realism’ (2021) 8(1: Covid Special Issue) IALS Student Law Review 19–27
Abstract: Because of their particular nature, representative institutions around the globe are usually well equipped, both legally and capacity-wise, to adequately respond to political crises; this is what political evolution has taught them. Responses to political crises have been developed and take the form of formal or informal rules of procedure that lie at the disposal of the Speaker or other parliamentary functionaries. On the contrary, battling a health crisis does not immediately belong to the issues a parliament under normal circumstances deals with. Hence, the scattered responses by the world’s parliaments, as pointed out by recent studies, come as no surprise. This article showcases the Hellenic Parliament, which constitutes a classic example of a legislature combating the pandemic situation through a gradual and multidimensional response. Its relevant actions are displayed and analysed vis à vis the average global response. As the pandemic seems far from being over, the article attempts a series of future projections on how to deal with it in the long run.

Galanis, Stergios and Michail Pazarskis, ‘The Legal Framework of Internal Auditing in Greek LGOs Before and After the COVID-19 Era: Pros and Cons’ (2025) 111(1) Proceedings 20
Abstract: In Greece, Local Government Organizations (LGOs) are under the responsibility of the General Government. Before the COVID-19 pandemic, in the above-mentioned organizations, internal audit was exercised following Law 4270/2014 (Article 168). Overall guidance and supervision were provided by the General Accounting Office. However, the number of municipalities and regions that established internal audit departments was very low. According to the post-COVID-19 Law 4795/2021, internal audit is now mandatory. The pros and cons of the new legal system compared to the old one are highlighted in this study through interviews with financial officers, elected officials, and internal auditors.

Karagianni, Anastasia and Vagelis Papakonstantinou, ‘Surveillance in Schools Across Europe: A New Phenomenon in Light of the COVID-19 Pandemic? The Cases of Greece and France’ (2022) 11(2) European Journal of Educational Research 1219–1229
Abstract: Surveillance technology is more and more used in educational environments, which results in mass privacy violations of kids and, thus, the processing of huge amount of children’s data in the name of safety. Methodology used is doctrinal, since the focus of this research was given in the implementation of the legal doctrine of data protection law in the educational environments. More than that, the cases of Greece and France regarding the use of surveillance technologies in schools are carefully studied in this article. Privacy risks that both children and educators are exposed to are underlined. In these terms, this research paper focuses on the proper implementation of the European data protection framework and the role of Data Protection Authorities as control mechanisms, so that human rights risks from the perspective of privacy and data protection to be revealed, and the purposes of the use of such technologies to be evaluated. This study is limited in the legal examination of the European General Data Protection Regulation, and its implementation in the legal orders of Greece and France, and practice pertaining to the case studies of Greece and France respectively.

Ntalakou, Vasiliki et al, ‘Four Years of Anti-COVID-19 Regulations in Greece: Overview of the Legislative and Regulatory Process and of an Exemplary Administrative Codification’ (2024) 45(3) Statute Law Review 1–15
Abstract: In the 25th of February 2024, four years since the first Act of Legislative Content of the Greek Government concerning the prevention and limitation of the spreading of coronavirus COVID-19 were completed. The regulatory production of this period is huge and has a series of unique characteristics with prevailing one the use of means of extraordinary legislation as foreseen in the Greek Constitution. All these measures are presented in a consolidated form in the ‘Special Administrative Codification of urgent regulatory measures to prevent and limit the spreading of coronavirus COVID-19 and to deal with relevant problems’ under the short name of PANDEKTIS, conducted by the Department of Administrative Codifications – Raptarchis of the Secretariat General for Legal and Parliamentary Affairs of the Presidency of the Greek Government. The study of this monumental work gives rise to very interesting findings, about the way Hellenic Government handled the Pandemic crisis. This article presents the law-making process and the process of issuing secondary legislation during the Pandemic, its quantitative and qualitative characteristics with special comment on the fulfillment of the rules and principles of Better Regulation and discusses the use of administrative codification as a means of reflecting an holistic picture of the regulatory production during a period of crisis.

Sakellariou, Alexandros, ‘Religion, Politics, and the COVID-19 Pandemic in Greek Society: Legal Confrontations and Social Implications’ in Brian Conway et al (eds), Religion, Law, and COVID-19 in Europe: A Comparative Analysis (Helsinki University Press, 2024) 401–419 [OPEN ACCESS E-BOOK]
Abstract: The COVID-19 pandemic affected many aspects of people’s professional, family, and social lives including religious and spiritual practices. In Greece, although the government took strict measures to protect the population from infection, it hesitated to impose similar immediate restrictions on the Orthodox Church of Greece. The church was reluctant to close all the temples and persisted in practising the Sunday Mass and major religious holidays, albeit with a limited number of participants. Owing to this lack of unconditional compliance with the governmental restrictions, the church was perceived as being against the state and medical regulations. The main questions that this chapter will try to answer are the following: what kinds of measure were taken by the government in relation to religious places and practices during the pandemic? How did religious groups and institutions, mostly the Orthodox Church, respond to them? Did society accept these measures? Which was the pandemic’s impact on people’s religious beliefs, practices, and trust towards the Orthodox Church? The purpose of this chapter is twofold: on the one hand, to examine the implications on the societal level in the light of the Orthodox Church’s social and political dominance under the prism of secularisation and, on the other hand, to systematically describe the political and legal developments during the pandemic pertaining to the ‘politics–science–religion’ triangle in order to showcase the pandemic’s impact on religious practices.

Skandalis, Ioannis, ‘Labour Law Measures Adopted in Response to Covid-19 in Greece’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: Several urgent labour law measures have been adopted in Greece as a response to COVID-19 through consecutive Legislative Acts, which were further clarified through numerous Ministerial Decisions. For this purpose, the Greek government resorted to an extraordinary fast-track legislative procedure provided by Greek constitution, which enables the executive power to legislate in cases of emergency. Said measures are subsequently ratified by law. The adopted labour law-related measures aimed to inject some flexibility in the labour market and to guarantee a basic level of income by the state for those employees, whose employment contracts were suspended, by also safeguarding the maintenance of as many working positions as possible. The purpose of this contribution is to present these measures by emphasising on the interpretative issues that they set.

Tassopoulos, Ioannis A, ‘The Impact of the Pandemic on the Greek Constitution’ in Kostas Chrysogonos and Anna Tsiftsoglou (eds), Democracy after Covid: Challenges in Europe and Beyond (Springer, 2022) 147–159
Abstract: This chapter discusses the main legal problems Greece faced during the various phases of the COVID-19 crisis. The impact of the pandemic on the protection of civil rights seems to be lasting and nefarious. Fundamental rights were subject to unprecedented restrictions for the sake of public health, without any effective judicial protection. Free movement, the right of assembly, religious liberty, freedom of speech, economic liberty, and ultimately personal autonomy limited by compulsory vaccination, were regulated exhaustively by detailed and intrusive administrative rules and prohibitions. Moreover, the pandemic put under great pressure the existing framework for the constitutional protection of fundamental rights where the principle of proportionality is the cornerstone of judicial review.

Tsevas, Stelios, ‘Greece: Seeking Balance in Times of Emergency’ (2020) 15(4) European Procurement & Public Private Partnership Law Review 307–309
Abstract: In my first report on Greece’s public procurement system, I identify three categories of notable developments: the first one (I.) By the force of these acts, which are to be ratified by the Parliament within a 3-month-period, the Government introduced wide derogations from 2014 Directives in order to facilitate the purchase of sanitary material and equipment by public authorities. Thus, Article 17(2) of that law provided for a special awarding procedure available for every public authority, public body, public company and utility being involved in the operation of Migrant Reception Centres.

Tsolakidis, Zafeirios N, ‘Covid-19 Pandemic and Greek Contract Law’ [2020] Opinio Juris in Comparatione (pre-print)
Table of contents I. The Covid-19 pandemic and its impact in contracts II. General Contract Law Provisions II.1. Impossibility II.2. Debtor’s default II.3. Creditor’s defaultI II. New regulatory provisions III.1. Contracts of Lease III.2. Commercial papers III.3. Flights, sea trips and travels III.V. Employment Contracts IV. Pandemic and contractual clauses IV.1. Force majeure clauses IV.2. Judicial adjustment

Tsourdi, Evangelia (Lilian) and Niovi Vavoula, ‘Killing Me Softly? Scrutinising the Role of Soft Law in Greece’s Response to COVID-19’ [2021] European Journal of Risk Regulation (advance article, published 9 February 2021)
Abstract: Greece emerged as the EU’s poster child in the fight against COVID-19 during the first few months of the pandemic. In this contribution, we provide a holistic and nuanced assessment of Greece’s regulatory response to COVID-19, focusing on the role of soft regulation. Through the vehicle of ‘acts of legislative content’, which can be broadly conceptualised as softly-adopted hard law, the Greek government largely achieved the goals of flexibility and simplified adoption procedures without having to resort to soft law per se. The role of soft law was rather limited, at least if judged by its overall volume, and it complemented hard law rather than constituting the primary basis of COVID-19 restrictions. Soft law adopted in the area of restrictions to freedom of movement illustrates this. The role of soft law was not, however, completely negligible. Soft law instruments regulated the processing of personal data, directly impacting the rights to privacy and data protection. Soft law was also pivotal in clarifying the criminal sanctioning of COVID-related rule violations. Our analysis reveals that Greece’s success in handling the first wave of the pandemic, while effective, was not beyond reproach. The greatest victims were asylum seekers who saw their right to apply for asylum curtailed, and their right to freedom of movement arguably unjustifiably restricted when limitations were lifted for the rest of the population. With a second wave of infections currently in full swing, it is imperative to keep scrutinising regulatory responses to ensure that they place the health and dignity of every individual (whoever they might be) at their core and are in full respect of their fundamental rights.

Venizelos, Evangelos, ‘Pandemic, Fundamental Rights and Democracy: The Greek Example’ (SSRN Scholarly Paper No ID 3626248, 28 April 2020)
Abstract: The Coronavirus pandemic is not only a health, economic and social challenge but a major challenge for national constitutions, international law and the EU legal order as well. More precisely, the pandemic is evolving into a comprehensive challenge to the acquis of modernity, i.e. liberal democracy, human rights and the guarantees of the rule of law, the nation state and its sovereignty, the organization of international society and the role of the United Nations and international organizations, regional cooperation, European integration and solidarity, and the degree of economic development and the ‘western way of life’. Our analysis will be focused on fundamental rights, while also making some necessary references to the function of liberal democracy institutions.

Zarafonitou, Christina, Eleni Kontopoulou and Elli Anitsi, ‘Crime, Criminal Policy and Social Reactions in Greece in the Era of COVID-19’ in Dina Siegel, Aleksandras Dobryninas and Stefano Becucci (eds), Covid-19, Society and Crime in Europe (Springer, 2022) 121–139
Abstract: In this chapter, focus is placed on the evolution of crime in Greece during the first year of the pandemic, taking into consideration the special features linked to the circumstances of the lockdown and more generally to the measures applied for the containment of the spread of Covid-19 as well as the citizens’ reactions to the restriction measures linked to the pandemic in Greece. The evolution of crime was investigated based on two sources of data: (a) crime statistics provided by the Hellenic Police and (b) information obtained through interviews conducted by the authors with representatives of the Hellenic Police. The resulting observations showed an overall decline of crime during the lockdown periods, suggesting that the evolution of crime was considerably affected by the imposed restriction measures at that time. However, the overall crime drop did not seem to hold true in the case of cybercrime, which showed a significant rise during lockdown times. The chapter starts with an introduction to the pandemic of Covid-19. The next section examines the development of the pandemic in Greece. The following section presents the evolution of crime in Greece based on the aforementioned data sources.

Guernsey

‘The Threat of COVID-19’ (2020) 24(2) Jersey and Guernsey Law Review 131–139
Abstract: Reviews the range of emergency regulations enacted by Jersey and Guernsey in response to the coronavirus pandemic, including key features of measures concerning screening, education and day care, restrictions on movement, and residential tenancies.

Hungary

Ambrus, István, ‘The COVID-19 Pandemic and Hungarian Substantive Criminal Law’ (2021) 16(7–8) ZIS Zeitschrift für Internationale Strafrechtsdogmatik 462–471
Abstract: I am primarily investigating the COVID-19 pandemic and its possible consequences under the criteria of criminal law in this work. After a short historical overview, primarily concentrating on the development of criminal prosecution of epidemic offences closely related to the topic, I will first and foremost discuss the interpretation of possible criminal offences (and certain qualifying circumstances) with particular reference to the question of their establishment and the specific problems that arise. It may be highlighted that the pandemic has a characteristic effect on the law of regulatory offences; however, I do not investigate this question in detail.

András, Karácsony and Nagypál Szabolcs, ‘The Rule of Law and the Extraordinary Situation’ (2021) 6(1) Public Governance, Administration and Finances Law Review 65–72
Abstract: The various legal theorists dealing with the operation and effect of law have mostly examined situations that can be described as occurring in the usual, regular, normal state of social life. Over the last half century, and particularly since the formation and later enlargement of the European Union, the requirement of the rule of law has emerged as a key topic. The test of the rule of law is as follows: it is necessary to examine in an abnormal situation or, as it were, in an extraordinary situation exactly how it is possible to take political decisions that are of fundamental importance to society while also guaranteeing that these decisions remain within the rule of law at all times.The aim of this study is to investigate how and by what constitutional mandate the Hungarian Government deviated from the normal constitutional situation in 2020. The ‘state of exception’ theorised by Carl Schmitt and Giorgio Agamben means the suspension of the law. It is important to understand their views in order to see that the Hungarian situation in 2020 is utterly dissimilar to such a state of exception. In short, we need to distinguish a state of exception from an extraordinary situation, because the latter does not imply the suspension of law in general or, more specifically, the suspension of the rule of law, but that parliamentary and government decisions remain within it. The special legal order applied in an extraordinary situation is not in fact a suspension of democracy, still less of the rule of law. On the contrary, it actually falls within both: in a state of national crisis, this situation is democracy itself and the rule of law itself, and – accordingly – strict laws (both democratic and imposed within the rule of law), or rather laws of cardinal importance, make its conditions and its functioning possible and regulate it.

Antal, Attila, ‘The Climate and Ecological Emergency in the Era of a State of Exceptions’ (Graz Law Working Paper No 07–2021, 12 June 2021)
Abstract: We live in an era of overlapping states of exceptions: the climate and ecological emergency, the permanent crisis of global capitalism, the migration crisis, the COVID-19 pandemic. Relying on the Hungarian political system, this paper investigates how and why exceptional measures restructure our life. Against the background of the current Hungarian authoritarian populist regime, municipal experiences, and other contemporary tendencies, three main forms of states of exceptions are investigated: (1) the exceptionality of the migration crisis of 2015; (2) the climate emergencies declared by local governments, which are rather political declarations and not legally accepted versions of exceptional measures; (3) the overlapping forms of COVID-19-related emergencies. It can be argued that the main outcome of the exceptional measures is the rise of a new executive power and it is demonstrated how heavily authoritarian regimes rely on the state of exception. Amplifying the authoritarian tendencies and the abusive application of the exceptional legal order, the COVID-19 crisis basically proved that it is worth considering institutionalizing the climate and ecological emergency as a tool in the struggle of resolving the planetary crisis of our time.

Bäcker, Roman and Joanna Rak, ‘Electoral Laws during the COVID-19 Pandemic as a Tool of Quasi-Militant Democracies: Comparative Perspective’ in Magdalena Musiał-Karg and Izabela Kapsa (eds), Elections in Times of a Pandemic: Dilemmas and Challenges (Brill, 2024) 41–55
Abstract: COVID-19-driven post-communist states face strong authoritarian tendencies, but also their empowered political nations efficiently act against anti-democratic actors’ actions. This study explores the use of electoral laws in Poland, Hungary, Romania, and Bulgaria as a political tool and its influence on the sovereignty of the political nations. Embedded in the theory of neo- and quasi-militant democracy, it aims to explain to what extent the electoral laws adopted or proposed for adoption during the COVID-19 pandemic reduced the scope of the sovereignty of the political nations. The relationships between the legal changes and the sovereignty are analysed with qualitative source analysis and reflexive thematic analysis. As the analysis of themes across the attempts to shape the sovereignty of the political nations shows, changes to the electoral laws were introduced in a hurry, in the privacy of ministerial offices, and without social consultation. Such a way of proceeding stemmed from the need to change the law as soon as possible and thus avoid or reduce the resistance from the political opposition, other centres of public authority, and non-governmental organisations (Poland, Hungary, Romania, Bulgaria).

Bellucci, Lucia, ‘Media Law, Illiberal Democracy and the COVID-19 Pandemic: The Case of Hungary’ in Mathieu Deflem and DMD Silva (eds), Media and Law: Between Free Speech and Censorship (Emerald, 2021) 151–167
Purpose – This chapter aims to show how media law strongly contributed to shape in Hungary what has been pictured as a U-turn. This illiberal trend was subsequently strengthened during the Covid-19 pandemic. Methodology/Approach – It considers that law also constitutes and not only orders political and social relationships. Law, including media law, has been in Hungary one of the main factors of change or rather of political-social construction. This chapter therefore moves from the study of positive law and analyzes Hungarian media laws within the theoretical framework of illiberal democracy, drawing from contributions to political science and socio-legal studies. Findings – This chapter demonstrated that media laws have outlined in Hungary a centralized regulatory system with broad powers, which lacks political independence, therefore encouraging self-censorship and limiting freedom of expression and pluralism. These laws contributed to shape the illiberal U-turn occurred in the country before the pandemic, but the coronavirus offered the occasion to reinforce government powers, giving the leeway to rule with no or minimum scrutiny for an indefinite period and further limiting dissent. The analysis enabled to argue that neither the media regulation established during the past decade nor the laws adopted during the Covid-19 pandemic are compatible with a modern democracy. Originality/Value – Based on existing literature, little research has been conducted on the appearance and endurance of non-democratic regimes, and supposedly even less within the context of the coronavirus pandemic which started only a few months ago, compared to the contributions available on democratization processes and democratic consolidation.

Bellucci, L, ‘State of Exception, Media, Vagueness, and COVID-19: Looking at the Indeterminacy of Pandemic Law through the Italian and Hungarian Experiences’ in Gergely Gosztonyi and Elena Lazar (eds), Media Regulation during the COVID-19 Pandemic: A Study from Central and Eastern Europe (Ethics Press, 2023) 138-155
Abstract: This chapter moves from Italian legal philosophers’ thoughts on the indeterminacy of Italian law during the emergency phase of the COVID-19 pandemic, in particular the considerations that uncertainty is, to some extent, part of the physiology of law and can therefore constitute a constructive element of flexibility in times of pandemic, but it should be recognized that cases of pathological uncertainty exist and that indeterminacy leads to forms of self-restraint that one can also depict using the expression ‘self-censorship’. This chapter argues that an example of a provision adopted during the pandemic that seems to go beyond the physiology of law and induce forms of self-censorship is the Hungarian measure providing that anyone who ‘distorts’ or publishes ‘false’ information on the pandemic can be punished with five years in jail, whose vague expressions produce indeterminacy. The indeterminacy of this measure is reinforced by the indeterminacy of the context in which it was adopted, consisting of both the legal framework within which it is enacted and the pre-pandemic Hungarian media law.

Bernadett, Szekeres and Mélypataki Gábor, ‘The Flexible Home Office, Regarding Its (New) Questions in Hungary and the Issues of the Virtual Workplace’ (2022) 56(3) Revue Européenne du Droit Social 63–69
Abstract: The recent pandemic forced companies to switch to working from home. This process was necessary to maintain health and economic efficiency. The move from physical workplaces to virtual workplaces in the digital space started earlier than the pandemic. The pandemic amplified this process. In parallel, we also see that companies have had positive experiences in the process of creating virtual workplaces. The virtual workplace has serious IT-issues, which we try to reflect. Some of the employees have taken to this process. A significant part of the companies has not even returned to the classic former working processes. We have to focus also on the issues of the virtual workplace. Due to its practical popularity, it was necessary to regulate the home office at the legal level, as most experts also had the opposite opinion on its essential elements. In order to close this debate, the legislator has created a new regulation concerning teleworking, which amends the rules of the Hungarian Labor Code on teleworking with effect from the end of the emergency. We try to present this new regulation, which has not yet entered into force, and its many obscure points in the research.

Blokker, Paul, ‘Populism, COVID-19, and the Rule of Law: The Cases of Hungary and Poland’ (2021) 15(1) Politics. Rivista di Studi Politici 131–147
Abstract: The COVID-19 pandemic that started in Europe in early 2020 has not only had major effects on public health and European economies, but equally affected democratic politics in a significant manner. An important question is whether the COVID-19 crisis has created opportunities for (right-wing) populist parties to strengthen their position, and more generally, whether liberal democratic systems have suffered from the pandemic in terms of the guarantee of rights and in terms of an increase in monitoring and controlling of society and individual behavior. The paper will first discuss and contextualize the emergence of populism, focusing on its most prominent, right-wing version. Subsequently, the cases of Hungary and Poland will be discussed.

Cendic, Kristina and Gergely Gosztonyi, ‘Freedom of Expression in Times of COVID-19: Chilling Effect in Hungary and Serbia’ (2020) 6 Journal of Liberty and International Affairs 14–29
Abstract: New technologies have opened several risks to safety of journalists. More importantly, in the state of emergency caused by the Covid-19 outbreak, journalists and media actors have shifted their activities online more than ever, which also made them more prone to digital threats and attacks. In some regimes there are even organized intimidation campaigns against political opponents causing chilling effect and self-censorship, and jeopardizing freedom of expression in general. Hungary as a member of the European Union since 2004 and Serbia as a leading candidate to join the EU are two countries where the problems and concerns about media freedom is growing every day. The fear from the unknown during the international pandemic gave opportunity to some governments to hide their real political agendas and cover their desire for the ‘good-old-fashioned’ censorship. The number of countries where some kind of censorship could be found is growing every day. The authors will show two country-case-studies from Hungary and Serbia, where the leaders and the political situations are very similar and could show a (good or bad) example to other countries that would like to follow the illiberal views on media issues.

Čepo, Marina, ‘Detention of Asylum Seekers through the Practice of the Court of Justice of the European Union on the Example of the Republic of Hungary and the Perspectives of the New Pact on Migration and Asylum’ (2021) 5(EU 2021 – The Future of the EU in and After the Pandemic) EU and comparative law issues and challenges series (ECLIC) 120–146
Abstract: Restrictions on freedom of movement, in particular the detention of asylum seekers as the most severe form of such restrictions, constitute an interference with fundamental human rights and must be approached with particular care. In view of the migration and refugee crisis, the Republic of Hungary has begun to amend its asylum legislation, thus tightening the conditions for the detention of asylum seekers. The introduction of the provision establishing that asylum may be sought only in transit zones has also led to the gradual detention of asylum seekers in transit zones, which Hungary did not consider as detention. This issue was brought before the Court of Justice of the European Union (hereinafter: CJEU), which drastically changed the path taken by the Hungarian government when it comes to detaining asylum seekers. What the CJEU has found is that leaving people in transit zones without the right to free movement is to be considered detention, even though they are not specialized detention facilities. The CJEU ordered that such a practice must cease immediately. Therefore, this paper will examine the Hungarian practice following the judgment of the CJEU. The CJEU has taken a major step towards protecting the rights of asylum seekers as regards detention, and the EU recently adopted amendments as part of the new Pact on Migration and Asylum aimed at improving the existing asylum system. The second part of the paper analyzes the provisions of the new Pact on Migration and Asylum related to detention in order to determine whether the proposed amendments contribute to the Common European Asylum System and the protection of the human rights of asylum seekers or represent a step backwards.

Cheesman, Samantha Joy, ‘The Hungarian Legislative Response to the COVID-19 Pandemic and Its Challenges to the Rule of Law’ in Mathieu Deflem (ed), Crime and Social Control in Pandemic Times (Emerald, 2023) 141–154
Abstract: This chapter examines how the response to the pandemic will have an impact for many years on rule of law mechanisms and human rights within Hungary. The arguments put forward in this chapter are supported by analysis of key legislation both domestic and international concentrating on how the concept of rule of law has been redefined. This analysis is conducted by focusing on the Hungarian legislation, Fundamental Law, and key sources engaging in the analysis of the effects that the COVID-19 pandemic has had on reshaping the legal landscape. In the unprecedented times of a global pandemic it is important to reflect on how the Governments of the world responded to the immediate danger and what ramifications those changes will have as the pandemic unfolds over the coming years. This raises questions regarding the European political landscape and how the cause of the rule of law can be furthered. This chapter argues that the rule of law project of the European Union (EU) as set out in Article 2 of the Treaty of the European Union (TEU) has been circumvented by several rogue states. The European parliament now is finding new ways to engage with and curtail ‘rogue’ Member States which, according to them, step out of line.

Csatlós, Erzsébet, ‘Remarks on the Reasoning: The Morals of a Hungarian Expulsion Decision in Times of Pandemic’ (2021) 19(1) _Central European Public Administration Review_
Abstract: Several Iranian university students were expelled from Hungary to Iran due to their (allegedly) unlawful behaviour during their quarantine period at the outburst of the COVID-19 pandemic on grounds of being a threat to public policy and public security. The case reveals a worrisome practice in the reasoning of expulsion decisions, irrespective of the pandemic. By analysing a judgment on the review of an administrative decision on expulsion, the article explores the normative circumstances of the legal institutions appearing in the case. By comparing international, European Union, and Hungarian constitutional practice, the study reveals a controversial legal practice. It not only evaluates the case, but draws attention to the role, quality, and legal significance of reasoning of administrative acts which lately, with a quickly changing legislation, seems to be forgotten.

Drinóczi, Tímea and Agnieszka Bień-Kacała, ‘COVID-19 in Hungary and Poland: Extraordinary Situation and Illiberal Constitutionalism’ (2020) 8(1–2) The Theory and Practice of Legislation 171–192
Abstract: Hungary and Poland have started their illiberal remodelling in 2010 and 2015 respectively. Both governments routinely apply the illiberal version of the Rule of Law (illiberal legality), which involves that every situation has the potential to be exploited for political gain. Both states opportunistically apply their constitutions and selectively invoke favourable constitutional provisions. And yet, this paper claims that the Hungarian Fundamental Law and the Polish Constitution are equipped with adequate emergency measures to provide for a proper framework for emergency legislation. In illiberal emergency constitutionalism, Hungary uses and abuses its Fundamental Law, while Poland is disregarding its binding 1997 Constitution and, at the same time, creates its new invisible illiberal constitution. This paper explores how it is done during the current human pandemic crisis by focusing on, first, the emergency regimes the constitutions provide for and their (non-)application. Second, it compares the operation of the parliaments as the Sejm chaotically passes crisis management related omnibus legislation and amendments on the presidential election during the extra-constitutional ‘state of epidemic’. The Hungarian Parliament operates under the ‘danger of crisis’. Yet, it still delivers regular legislative activities, as the emergency ‘legislation’ is done through governmental decree as per the Coronavirus Act 2020, which is unconstitutional. These phenomena necessitate an in-depth inquiry about the nature, form, and content of the Hungarian and Polish emergency legislation and governmental decrees. It is concluded that, under normal circumstances, the Hungarian and Polish constitutional measures set for guiding the authorities in emergencies are adequate. In the current political and constitutional setting and COVID-19 crisis, the form and the content of some essential Hungarian and Polish emergency measures stay below standards. It is a further warning sign for the European community to take Hungarian and Poland illiberal constitutionalism seriously. Their pushing the envelope will not end by itself.

‘EDPB: ‘“Even in These Exceptional Times, the Protection of Personal Data Must Be Upheld in All Emergency Measures”’ [2020] (August) Computers and Law 7–8
Abstract: Highlights a statement by the European Data Protection Board (EDPB) clarifying the interpretation of data subjects’ rights under Regulation 2016/679 art.23 in relation to the emergency situation surrounding COVID-19 in response to concerns raised following the Hungarian Government’s Decree 179/2020 of 4 May 2020, which suspended Regulation 2016/679 (GDPR) in relation to dealing with the pandemic.

Fekete, Gábor, ‘Videoconferencing Hearings after the Times of Pandemic’ (2021) 5(EU 2021 – The Future of the EU in and After the Pandemic) EU and comparative law issues and challenges series (ECLIC) 468–486
Abstract: The sanitary crisis of the Covid-19 pandemic resulted in several changes in the way courts communicate, can be reached and handle cases. The so-called videoconferencing became one of the accepted ways of the hearings. This kind of videoconferencing took place on online videoconference solutions, which differ a lot from the conventional videoconference systems. After the exceptional situation, it remained a question whether the digital revolution of court proceedings had arrived or the use of videoconferencing should remain an exceptional instrument. The application of a videoconference system is the subject of the right to a fair trial, in this regard it has been contested by the European Court of Human Rights in several cases. This case law stated several expectations and reveals many aspects, which have to be applied to the online videoconference solutions. On the other hand, the wider use of legal tech instruments is the subject of the political will. The political support is crystallizing within the EU, whose right to act is limited. The interim measures which were introduced under the emergency law regimes on national level show a number of experiences on how the continuous and legally founded functioning of the justice system can be ensured, for example by the use of online video hearings. The balance between the effectivity and the legality is a crucial question. Upon the above-mentioned sources, the paper introduces the differences of the two methods of videoconferencing. It examines the legal requirements, details the experiences and shows the opportunities of the use of videoconference systems and online videoconference solutions in civil cases. The use of videoconference in civil hearings can be an instrument conforming to procedural right. The general application of videoconference, especially the online solution lowers the threshold to access the justice, accelerates the procedures, ensures social distancing, but requires both legal and technical preparedness.

Földes, Mária Eva and Csilla Kaposvári, ‘SARS-COV-2 Vaccination and Employment: The Legal Framework in the EU and Hungary’ (2021) 14(2) Medicine, Law & Society 247–270
Abstract: The paper explores whether and under what conditions, vaccination against SARS-CoV-2 may become a mandatory requirement for employees. It includes a discussion on EU action on SARS-CoV-2 vaccination and its relevance for national level policy with emphasis on the legal basis and instruments used by the Union to persuade national authorities into action to increase vaccination uptake. The analysis then moves to the national level by focusing on the case of Hungary. Following an overview of the legal and regulatory framework for SARS-CoV-2 vaccines deployment, the analysis zooms into the sphere of employment and explores whether and how the SARS-CoV-2 vaccination may be turned into a mandatory workplace safety requirement. The paper highlights the decision of the Hungarian government to introduce compulsory vaccination for employees in the healthcare sector, and concludes with a discussion of the relevant rules and their potential, broader implications.

Gárdos-Orosz, Fruzsina, Sára Hungler and Lilla Rácz, ‘Hungary: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2023)
Abstract: The Covid-19 pandemic has hit Hungary five times so far, with nearly 1,880,000 confirmed cases resulting in more than 46,000 deaths. The first two registered cases were announced on 4 March 2020, and the first Covid-19-related death on 15 March 2020. During the first wave, from March to June 2020, two different periods can be identified. Between March and April, the number of active cases increased constantly, reached its peak in early May 2020, before declining steadily. This first wave, and the Government response to it, ended in mid-June 2020. By the second half of July, cases had again begun to increase steadily, then increasing more rapidly from August. This second wave saw greater infections but a lower mortality rate as more younger people became infected. Although the second wave lessened after three months, by the end of December 2020 the number of active cases was still higher than in the summer of 2020. In mid-February 2021, due to the arrival of the Alpha variant, the number of cases began to rise again. During the third wave, more people required hospital care than in previous waves. In August 2021, the Delta variant began to spread in Hungary, marking the beginning of the fourth wave. The number of people infected increased significantly and there was a period when more people died of Covid-19 in Hungary than anywhere else in the world. The fourth wave has claimed the lives of 10,000 people. The fifth wave, characterized by the Omicron variant, lasted from January 2022 to the end of February 2022. In preparation for the pandemic, the Government established an Operational Corps in January 2020. After the World Health Organization (WHO) declared the Covid-19 outbreak a pandemic, and the outbreak of the epidemic in Hungary, on 11 March 2020, on the basis of the Fundamental Law of Hungary, the Government declared a national state of danger. With this declaration, a special legal order came into force across Hungary. General rules of State operation were suspended, and the Government was given the authority to issue special, emergency decrees and introduce extraordinary and extensive measures, including restricting the daily lives of people. Although these measures were relaxed as the first wave subsided, they were reintroduced for the successive waves. Since November 2020, a state of danger has been declared in Hungary.

Győry, Csaba and Nyasha Weinberg, ‘Emergency Powers in a Hybrid Regime: The Case of Hungary’ (2020) 8(3) The Theory and Practice of Legislation 329–353
Abstract: How should we understand the Hungarian government’s activities since the beginning of the Covid-19 crisis? This article reviews Hungary’s emergency law, and the decrees passed under the emergency authorisation to date, as well as the ending of the state of emergency and the subsequently introduced new statutory emergency regime to ask how Hungary’s actions in recent months should be understood. As the paper demonstrates, bringing in insights from political theory to inform constitutional law approaches to legislative practice can help shed some light on the enigma of Hungary’s apparent legislative ‘restraint’.

Gyuris, Arpad, ‘Private Law Issues in Connection with the COVID-19 Pandemic’ [2021] (1) Fiat Iustitia 107–118
Abstract: In this paper I would like to discuss what changes and problems the Covid-19 epidemic has caused in private law, particularly in the field of contract law. The most important questions are,on one hand, how the state may have intervened in private law. There is a historical precedent forthis practice within each European legal system. On the other hand, how the contracting partiesrespond to the challenges posed by the epidemic. The third question is, for example, what solutionscan be found in Hungarian private law to solve contractual problems. In examining these issues, Iuse certain provisions of European private law, as well as review the established case law. As a result of my paper, parties to a contract can gain insight into some of the legal issues surroundingthe case and learn about possible solutions in Hungarian contract law.

Halmos, Szilvia, ‘Access to Justice in Labour Cases in Hungary during the Covid-19 Pandemic’ (2021) 14(1) Italian Labour Law e-Journal 147–167
Abstract: Access to justice is a fundamental right of workers stipulated in a set of international, EU and national instruments of law. The lockdowns induced by the Covid-19 pandemic have had double negative impact on the effective enforcement of this right. While pandemic-related lockdowns resulted in an increasing number of labour disputes and dismissals as well as generated novel and difficult questions of labour law, accessibility of legal remedies in Hungary became limited through the (temporary) restrictions concerning the functioning of the judiciary. In parallel, emergency-related amendments of labour law have, on the one hand, supported the survival of undertakings, on the other hand, restricted individual and collective rights of workers. This paper is designed to give a comprehensive view on the endeavours of Hungarian labour courts to guarantee the possibly uninterrupted and safe maintenance of litigation in labour cases.

Herbinger, Paul Luca and Norbert Leonhardmair, ‘Domestic Abuse During the Pandemic’ [2021] (Special Conference Edition 5) European Law Enforcement Research Bulletin 69–81
Abstract: From the onset of lockdown measures in response to the COVID-19 pandemic, experts and frontline responders alike warned of the detrimental impact these measures may have on the prevalence and intensity of Domestic Abuse. Early statistics issued by police and social sector organisations did not always, however, paint a clear picture corroborating this assumption. Data collected during the early stages of the pandemic for a special report to the European Commission by the EU-IMPRODOVA project, indicated similar divergent trends in the effect of lockdown measures on Domestic Abuse. This paper explores four case studies from the IMPRODOVA report (Austria, Finland, Hungry and Portugal) and develops three hypotheses to make sense of heterogenous data on Domestic Abuse during the pandemic. After identifying possible statistical artefacts, as well as socio-legal and sector specific influences on detection and enumeration as probable causes, this paper discusses the centrality of differentiating among types of Intimate Partner Violence as the key to making sense of such heterogenous data. Pointing to the structural analogies between lockdown-settings and Coercive Controlling Violence, we argue that divergence between the stagnation or decline in police data and the universal increase of calls to the social sector, must be understood as the strengthening of perceived control by perpetrators over victims of Domestic Abuse in the short-term during lockdown. By the same logic, service uptake in the medium and long-term can be explained by a perceived loss of control by perpetrators as lockdown measures are relaxed. Finally, we argue that identifying this dynamic of risk and delayed reporting is central to the development of adequate interventions and responses by frontline responders in the ongoing pandemic.

Hoffman, István and Jarosław Kostrubiec, ‘Political Freedoms and Rights in Relation to the COVID-19 Pandemic in Poland and Hungary in a Comparative Legal Perspective’ (2022) 27(2) Białostockie Studia Prawnicze 31–53
Abstract: Th e subject of the article are selected political rights and freedoms guaranteed by the Polish and Hungarian constitutions, which are analysed in the context of possible limitations due to the COVID-19 pandemic. Th e analysis covers the right to vote in elections and referendums, the freedom of expression and opinion, and the freedom of assembly. Th e main aim of the article is to identify similarities and diff erences in the legal solutions adopted in Poland and Hungary in the context of restrictions or threats to political freedoms and rights. As a result of the research carried out, the authors positively verifi ed the hypothesis that Poland and Hungary, although they chose diff erent methodologies to implement the specifi c legal order applicable due to the coronavirus pandemic, namely Hungary has introduced one of the constitutional states of exception, i.e. the state of danger, while Poland did not introduce a state of natural disaster, the formula for sanctioning restrictions on political freedoms and rights with secondary legislation was similar in both countries. Th e authors express the view that continuous eff orts should be made to develop legal institutions that would allow for a balance between the need to preserve political rights and freedoms and the need to make quick decisions in relation to the pandemic and citizens’ right to health. A pandemic should never be an excuse for those in power to restrict political freedoms and rights for longer periods of time, so as not to make these freedoms and rights the next victims of the SARS-CoV–2 virus.

Horváth, István and Zoltán Petrovics, ‘COVID ’19 – Hungary: Measures Concerning Employment, Collective Labour Law and Social Security (Part 1)’ [2020] Noticias CIELO (advance article, published 4 April 2020)
Abstract: The state of emergency in Hungary was declared by 40/2020. (III. 11.) Government Decree on March 11, 2020. Thereafter, the following amendments of legal regulation came into force in the field of employment, collective labour law and social security until 4 April 2020. The provisions adopted in the field of labour law generally made it easier for an employer to organize work during the state of emergency. The new temporary provision which made possible to deviate from the provisions of the Labour Code by an agreement of the employer and the employee, in our opinion, can easily eliminate the protective function of labour law.

Horváth, István and Zoltán Petrovics, ‘COVID-19: Hungary Measures Concerning Employment, Collective Labour Law and Social Security (Part 2)’ [2020] (4) Noticias CIELO (advance article, published 16 April 2020)
Abstract: Since the completion of the manuscript of the first part of our paper several new Government decrees have come into force. On the one hand, this legislation makes it even more flexible for the employer to define working conditions. On the other hand, new decrees of the Government provide support for part-time employment and make a social security guarantee for those employees, who agree with the employer an unpaid leave. And – as at the end of the news programs – sports: football clubs can unilaterally decide to reduce the salaries of the employed football players. This possibility, authorized by a Government Decree, can be deemed as an unparalleled interference in the contractual (private law) relations of labour law.

Idayanti, Soesi, ‘Issue to the Legal Protection of the Use of the State Budget to Handling Covid-19’ (2021) 4(1) Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 1168–1177
Abstract: The Covid-19 pandemic, which impacted the health, social, and economic sectors as a non-natural disaster, led the President to make efforts to handle it with state financial policies by stipulating Perpu Number 1 of 2020. Budget misuse during the Covid-19 pandemic should be punishable by the death penalty because carried out when the state is facing a precarious situation; however, in Perpu No.1/2020, the Government grants immunity rights state budget managers. This legal immunity needs to be studied as a standard-issue regarding the state budget to overcome the Covid-19 pandemic. This study aims to examine the pandemic’s impact on state finances and how Government policies are in dealing with the Covid-19 pandemic. This study used a normative juridical approach with data obtained from the literature, and the results were analyzed qualitatively. The results showed that the Covid-19 pandemic resulted in the Government changing the output of the use of the state budget aimed at dealing with the pandemic and restoring the country’s economic condition due to the pandemic; the legal solution is to stipulate Perpu Number 1 of 2020, which was then approved by the DPR and became Law Number 2 2020. At the technical, operational level, the Government has also issued various policy regulations as a follow-up to Law Number 2 of 2020, which is used as an effort to deal with precarious situations as a result of the Covid-19 pandemic, such as fiscal policy stimulus, taxes, social assistance, and policies. Adjustment of regional finances. The problem that was considered urgent due to the Covid-19 pandemic led the Government to stimulate immunity in Law Number 2 of 2020. However, this immunity is given following the principle of good faith for users of state finances

István, Hoffman and Balázs István, ‘Administrative Law in the Time of Corona(Virus):: Resilience and Trust-Building’ (2021) 6(1) Public Governance, Administration and Finances Law Review 35–50
Abstract: The Hungarian administrative law has been significantly impacted by the Covid-19 pandemic. Several rules – which were introduced during the state of danger based on the epidemic situation – have been incorporated into the Hungarian legal system. The administrative procedural law has been influenced by the epidemic transformation. However, the rules on e-administration have not been reformed significantly (due to the digitalisation reforms of the last years), but the rules on administrative licenses and permissions have been amended. The priority of the general code on administrative procedure has been weakened: new, simplified procedure and regime have been introduced. The local self-governance has been impacted by the reforms. The transformation has had two, opposite trends. On the one hand, the Hungarian administrative system became more centralised during the last year: municipal revenues and task performance have been partly centralised. The Hungarian municipal system has been concentrated, as well. The role of the second-tier government, the counties (megye), has been strengthened by the establishment of the special economic (investment) zones. On the other hand, the municipalities could be interpreted as a ‘trash can’ of the Hungarian public administration: they received new, mainly unpopular competences on the restrictions related to the pandemic. Although these changes have been related to the current epidemic situation, it seems, that the ‘legislative background’ of the pandemic offered an opportunity to the central government to pass significant reforms. From 2021 a new phenomenon can be observed: the state of danger has remained, but the majority of the restrictions have been terminated by the Government of Hungary. Therefore, the justification of the state of danger during the summer of 2021 became controversial in Hungarian public discourse.

Kerényi, Ádám and Weichen Wang, ‘First 100 Days of Hungarian COVID-19 Policies’ in Aleksandar Stojanović, Luisa Scarcella and Christina R Mosalagae (eds), The First 100 Days of Covid-19: Law and Political Economy of the Global Policy Response (Springer Nature, 2023) 145–171
Abstract: Hungary is a small country with a population of only 10 million. Most deaths during the pandemic were caused by people catching Covid-19 and subsequently dying from it directly. People who need surgery or access to the hospital might have died due to the Covid-19 response absorbing the resources that would ordinarily have been available to tend to their medical cases. On the bright side social distancing rules and restrictions for combating Covid-19 might have protected some people from catching seasonal flu, decreasing excess mortality. Economically due to the relatively low level of GDP loss during the pandemic, there was little incentive for the Hungarian government to spend heavily in non-health sectors in saving the economy.

Kerezsi, Klára et al, ‘Influence of COVID-19 Pandemic on Social Control, Crime Patterns and Life in Prison in Hungary’ in Dina Siegel, Aleksandras Dobryninas and Stefano Becucci (eds), Covid-19, Society and Crime in Europe (Springer, 2022) 99–118
Abstract: The chapter provides an overview on (i) the development of Covid-19, (ii) the main features of social control concerning the pandemic, (iii) the changing crime patterns between January 2020 and January 2021 and (iv) the prisons and prisoners during the pandemic. The first part of the chapter will give a short overview of the first and second waves of Covid-19 in Hungary, based on the official data on the pandemic. In the second part, we analyse the main features of social control, focusing on the adaptation process of governmental policy, new means of crime control and societal reactions to restrictions. The third part describes changing tendency structures of criminality based on crime data. Finally, the prisons and the situation of inmates who have been affected by the pandemic are explored.

Kecső, Gábor, Boldizsár Szentgáli-Tóth and Bettina BOR, ‘Emergency Regulations Entailing a Special Case of Norm Collision Revisiting the Constitutional Review of Special Legal Order in the Wake of the COVID-19 Pandemic’ (2024) 14(1) Juridical Tribune / Tribuna Juridica 5–26
Abstract: This contribution will interpret conflict between an emergency order and an ordinary law as a special case of norm collision and will revisit the constitutional review of such cases through this lens. First, the theoretical framework of emergencies will be taken into account, and then, based on the relevant constitutional case law of Austria, Germany, Hungary, Romania and Slovenia delivered during the recent public health emergency, a comparative analysis will investigate the most popular techniques to outline the scope of emergency regulation. Finally, based on this research, a three-step analysis will be proposed for constitutional courts to approach such issues by taking into account either the theoretical, the formal and the substantial aspects of the case. Apart from highlighting the role of constitutional review to establish the objective limits of emergency regulations, we also aim at giving additional weight on the formal and the theoretical prongs of the assessment of extraordinary state interferences, which have been consistently underestimated in our sense.

Koltay, András, ‘The Punishment of Scaremongering in the Hungarian Legal System. Freedom of Speech in the Times of the COVID-19 Pandemic’ (SSRN Scholarly Paper No ID 3735867, 23 November 2020)
Abstract: Scaremongering is restrained by criminal law as a limitation to freedom of speech in Hungarian law. Without relevant case law, free speech commentators had rarely discussed the provision until the government’s actions taken in order to step up against the COVID-19 pandemic, and the following amendment of the Criminal Code in Spring 2020 brought the subject back into the field of public debates. The article analyses the constitutional issues related to the limitation of scaremongering, and takes the two constitutional court decisions in this subject as guideline.

Kőrösy, Péter Krisztián, ‘The Covid–19 and the Special Legal Order (Constituional Concerns)’ [2024] (1) Szellem és Tudomány: A Miskolci Egyetem Alkalmazott Társadalomtudományok Intézetének folyóirata / Spirit and Science: The Journal of the Institute of Applied Social Sciences of the University of Miskolc 38–46
Abstract: This study examines the constitutional concerns related to the special legal order introduced during the coronavirus epidemic. The introductory part the study reveals the background of the conflict between the government and the opposition over the passage of the law on the protection against the coronavirus. The following chapter sheds light on the viewpoints of several legal experts who expressed their constitutional concerns about the law. Finally, the last chapter concludes, that through financial cuts affecting the local governments the Government may have intended to strengthen its ‘top-down’ control of the public administration, which led to further centralisation of its political system by the 2022 parliamentary election.

Kovács, Kriszta, ‘The COVID-19 Pandemic: A Pretext for Expanding Power in Hungary’ in Joelle Grogan and Alice Donald (eds), Routledge Handbook of Law and the COVID-19 Pandemic (Routledge, 2022) 259
Abstract: The COVID-19 pandemic triggered unforeseen social and legal problems in the democratic world. In some countries, the challenges were even more significant because pre-existing political and legal problems were aggravated by the pandemic. In Hungary, where the state of human rights, democracy and the rule of law was already grave in 2019, the pandemic only deepened and exacerbated the problems the country had before. Prime Minister Viktor Orbán strategically capitalised on the opportunity the COVID-19 situation provided to gain more unchecked power. A permanent state of emergency replaced rational discourse and a state operating within the bounds of fundamental rights, democracy and the rule of law. In order to prevent further erosion of the rule of law, domestic democratic resistance and supranational legal actions would be necessary; however, both have limited and ever-narrowing capacity to respond. As doubts arose concerning the meaningful support from the European institutions, no guarantee is within sight against the continuing autocratisation.

Láncos, Petra Lea and László Christián, ‘Domestic Soft Law Regulation During the COVID-Lockdown in Hungary: A Novel Regulatory Approach to a Unique Global Challenge’ [2021] European Journal of Risk Regulation (advance article, published 9 February 2021)
Abstract: On 13 March 2020 the Hungarian Government announced the immediate closure of all schools throughout the country to prevent the spread of COVID-19. Several hundred thousand children were suddenly faced with learning from home and teachers scrambled to ensure the provision of ongoing education. Responding to the situation, the Hungarian Educational Authority hurried to assist schools and nursery schools by issuing recommendations on the use of digital tools in providing education, information and correspondence. During the COVID-19 pandemic and the special legal order consequently introduced by the Hungarian Government, Hungary has seen the emergence of such non-binding measures adopted by public entities, in particular, national administrative authorities, bodies and agencies. These forms of soft law have complemented governmental action taken in the fight against the pandemic, with the aim of providing guidance to ‘external addressees’, such as businesses, schools and bodies exercising a public service function. The protective measures adopted under the special legal order, including soft law norms, are deemed to be successful and largely followed by the addressees. Since soft law has hitherto been neglected by both Hungarian administrative governance and legal literature, the recent burgeoning of non-binding measures deserves scholarly attention. In this article, we set out to map the specific context of the emerging domestic soft law, the conditions for their adoption as well as their reception, relying on our case study conducted in respect of the recommendations of the National Educational Authority.

Lendvai, Ferenc Gergely, ‘"Of Covid, [say] Nothing but the Truth": New Scaremongering Rules in the Hungarian Penal Code during the Pandemic’ in Gergely Gosztonyi and Elena Lazar (eds), Media Regulation During the COVID-19 Pandemic: A Study from Central and Eastern Europe (Ethics International Press, 2023) 241

Menyhárd, Attila, ‘Impacts of COVID-19 in Hungarian Contract Law’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: The legal and social consequences of the COVID-19 epidemic raise challenges in legal systems. Incompleteness of contracts requires statutory or judicial intervention in order to reach the most efficient risk allocation in contractual relationships. In Hungarian contract law implied terms, impossibility and judicial amendment of contracts on the grounds of clausula rebus sic stantibus provide the doctrinal framework for such an assessment. These doctrines provide the legal framework for balancing the conflicting interests of the binding force of contracts and the demand for adjusting social and legal relationships to changing circumstances. Contracts are to be assessed on a case-by-case basis, but it is argued here that commercial and non-commercial transactions require different approaches as well as direct legal and indirect social consequences should be considered differently.

Nagy, Zoltán and Attila Horváth, ‘The (Too?) Complex Regulation of Emergency Powers in Hungary’ in Zoltan Nagy and Attila Horváth (eds), Emergency Powers in Central and Eastern Europe : From Martial Law to COVID-19, (Central European Academic Publishing, 2022) 149

Olajos, Istvan and Szilárd Pálfay, ‘Integration of the Crisis Rules Created by Covid 19 Into the European Common Agricultural Policy and Hungarian Agricultural Legislation’ (2024) 3(1) International Journal of Law in Changing World 105–119
Abstract: After the end of the COVID 19 outbreak, the authors summarise the measures taken by the European Union to ensure the continuity of food supply and the functioning of the food chain during the outbreak. In addition to the EU measures, the specific measures followed by the Member States and their room for manoeuvre are presented using the Hungarian example.

Pál, Ádám, ‘A Candle in the Wind? The Tax Autonomy of Hungarian Municipalities in Light of the Coronavirus Pandemic’ (2024) 29(1) Bialystok Legal Studies / Białostockie Studia Prawnicze 129–146
Abstract: This article aims to offer a brief introduction to the system of local tax autonomy in Hungary, primarily by accentuating its peculiar features compared to other systems used in the region. Particular attention is paid to the local business tax, a less typical source of local revenue, which constitutes the backbone of the Hungarian system, and to the relatively recently introduced possibility for local authorities to levy so-called ‘settlement taxes’ on an open-list basis. The author then describes how the coronavirus pandemic and the measures aimed at mitigating its economic consequences affected local governments’ financing mechanism and fiscal capacity. Finally, by drawing conclusions from these occurrences, the resilience of local tax autonomy in Hungary is evaluated.

Rahman Rafid, Raihan, ‘Parliaments during the Pandemic: A “Dual State” Explanation of Bangladesh Jatya Sangsad’ (2020) 18(1 & 2) Bangladesh Journal of Law 25–27
Abstract: This article seeks to theorise the Parliament of Bangladesh (Jatiya Sangsad)’s response to the COVID-19 pandemic in light of the normative traits of global parliamentary responses to the public health emergency. It is argued that while the pandemic has contributed to the executive aggrandizement in established and unstable democracies alike, it has irreversibly marginalised the legislatures in countries with ‘pre-existing conditions’ like democratic decay, elected authoritarianism etc. This article adopts the ‘Dual State’ thesis expounded by Csaba Győry and Nyasha Weinberg in relation to Hungary and uses it as a theoretical lens to look through the Bangladesh Parliament’s performance during the pandemic. It concludes that Bangladesh’s total neglect of parliament as an institution of relevance during the pandemic is relatable to the Hungarian or Georgian style ‘Dual State’ approach to the crisis and this might end up normalising a perpetual marginalisation of the Jatya Sangad as an institution of accountability.

Saccà, Flaminia and Luca Massidda, ‘Democracies Under Pressure in Pandemic Times: The Relationship Between State of Emergency and Rule of Law in Angela Merkel and Victor Orbán’s Political Communication’ in Luisa Antoniolli and Carlo Ruzza (eds), The Rule of Law in the EU: Challenges, Actors and Strategies (Springer, 2024) 153–173
Abstract: The chapter examines the communication strategies adopted by institutional and populist leaders during the first wave of Covid-19. By comparatively analyzing official speeches delivered between March and June 2020 by Angela Merkel and Victor Orbán, the study identifies the leadership styles of two European heads of government who represent the populist/anti-populist cleavage. The contrast in the narrative strategies employed by the German Chancellor and the Hungarian Prime Minister reveals their respective approaches to the issue of the rule of law. Angela Merkel’s leadership style is characterized by her institutional, pro-European, and femininely-informed approach, while Victor Orbán’s approach is macho, populist, and anti-European. The analysis examines how these two contrasting political narratives have framed the relationship between the emergency government and the democratic structures. Taking into account three variables—the relationship between the state of emergency and the rule of law; the relationship between European institutions and national governments; the relationship between the government and other local political actors—the chapter reveals the different conceptions of liberal democracy adopted by the two leaders in the face of the pandemic: a weak political model to be overcome in Orbán’s discourse, a resilient system to be preserved in Merkel’s narrative.

Szeibert, Orsolya, ‘Human Rights during the COVID-19 Pandemic in Hungary with Special Regard to the Right to Have Contact’ (2021) 14(2) Medicine, Law & Society 395–418
Abstract: In Hungary, the government declared a state of danger in March 2020 as a consequence of the COVID-19 pandemic. The state of danger was lifted in June, but epidemological preparedness and state of medical crisis were declared by a government decree. In November 2020, the state of danger was declared for the second time, while epidemological preparedness was maintained. In February 2021, the state of danger was declared again. The list of the legal rules which changed and have been continuously changing because of the COVID-19 pandemic since March 2020 is extremly long and the new provision or the modifications have been heavily influencing the population’s everyday life. The aim of this paper is to overview primarily the restrictions affecting human rights with special regard to the right to have contact as one of the patients’ rights. Important issues of the parent-child contact affected by the COVID-19 pandemic is discussed, as well.

Szilágyi, Emese, ‘The Impact of COVID-19 on Political Finance in Hungary’ (SSRN Scholarly Paper No 4130099, 7 June 2022)
Abstract: This paper focuses on how the COVID-19 pandemic and the measures taken to fight off the pandemic influenced the political parties’ financial opportunities in Hungary. In order to provide context, relevant questions regarding the everyday life and operation of parties are also addressed. As an introduction, the first part of the paper provides a brief overview of the legal responses to the pandemic, then the second part paper summarizes the existing legislative framework of political finance in Hungary, enumerating the shortcomings of the system, as well as considering the recommendations made by international organizations and domestic non-governmental organizations (NGOs). The third part is an analysis of those provisions on party finance, which were introduced by the government since April 2020 with regard to the ongoing coronavirus pandemic. The analysis is based on desk research and empirical data collected from representatives of the political parties by questionnaires.

Szilasi, Veronika, ‘Hungarian Adaptability of German and Austrian Medical Ethics Experience and Good Practices in Pandemic Response’ in Assya Pascalev and Gergely Tari (eds), Ethical Issues of the SARS-CoV-2 Outbreak in East-Central Europe and Beyond (Trivent Publishing, 2024) 279–296
Abstract: The Covid-19 pandemic has entailed dramatic consequences: there is hardly any field in global health care not affected by either the virus itself or by the wide-ranging ethical and social disputes evoked by the coronavirus situation. Prevention has been associated with significant economic sacrifice influencing people’s private lives as well, which has also considerably impacted their mental well-being in the short term. This public health emergency, together with the mandatory quarantine has often violated the right to personal liberty, as well as the right to health care. There has been a clash in the decisions concerning the protection of the community and individual health protection or prevention. Since human resources have been redeployed in health care, the establishment of some kind of patient hierarchy has become inevitable. This paper responds to particular issues that emerged in the past two years, so it does not provide a thorough analysis of the adaptation of any specific good practice. The study reviews the medical ethics aspects of some Austrian and German measures (quarantine, travel restrictions, communication, wearing face masks, potential introduction of a vaccine passport, ongoing smooth provision of primary care, treatment of risk groups, prevention, mental health prevention of health care staff, the role of telemedicine) and examines how some theoretical considerations and specific measures could be adapted effectively to the Hungarian practice. I chose these two countries because, despite significant differences in economy and social structure, there are historical links and cultural similarities that allow for adequate comparison and adaptation of good practice. In addition, Hungary considered these countries ‘model laboratories’ and closely monitored the measures they implemented for success.

Iceland

Gesley, Jenny, ‘Regulating Electronic Means to Fight the Spread of COVID-19’ (Law Library of Congress Legal Report, June 2020)_
_Abstract: Note: This page includes a comparative summary, and links to the full report and a COVID-19 Contact Tracing Apps world map. Extract from Introduction: This report surveys the regulation of electronic means to fight the spread of COVID-19 in 23 jurisdictions around the globe: Argentina, Australia, Brazil, China, England, France, Iceland, India, Iran, Israel, Italy, Japan, Mexico, Norway, Portugal, the Russian Federation, South Africa, South Korea, Spain, Taiwan, Turkey, the United Arab Emirates, and the European Union (EU).

Haug, Are Vegard (ed), Crisis Management, Governance and COVID-19: Pandemic Policy and Local Government in the Nordic Countries (Edward Elgar, 2024) [OPEN ACCESS E-BOOK]
Book summary: This topical book presents a bottom-up perspective on the crisis management, policies, organisation and functioning of democracy across five Nordic countries during the COVID-19 pandemic. Based on a four-year comparative study of Denmark, Finland, Iceland, Norway and Sweden, it considers the divergent local and regional management strategies employed as the crisis unfolded. Chapters consider how the pandemic jeopardised the Nordic countries’ high levels of decentralisation and citizen trust in government institutions, and the devolution of functions to local government. They explore the severe and restrictive measures employed to control the spread of the virus, and whether these evolving regimes respected civil rights and the principles of subsidiarity and proportionality. Brought together under the overarching perspective of institutional polycentrism, the book draws on a variety of theoretical strands, including theories of multi-level governance, crisis management, and organisational dependency. With empirical data, population and leader surveys and country case-studies, it presents the experiences of Nordic citizens and examines whether their trust in government was sustained or eroded.

Ireland

Adami, Rebecca and Katy Dineen, ‘Discourses of Childism: How COVID-19 Has Unveiled Prejudice, Discrimination and Social Injustice against Children in the Everyday’ (2021) 29(2) International Journal of Children’s Rights 353–370
Abstract: Do children suffer from discriminatory structures in society and how can issues of social injustice against children be conceptualised and studied? The conceptual frame of childism is examined through everyday expressions in the aftermath of policies affecting children in Sweden, the UK and Ireland to develop knowledge of age-based and intersectional discrimination against children. While experiences in Sweden seem to indicate that young children rarely suffer severe symptoms from COVID-19, or constitute a driving force in spreading the virus, policy decisions in the UK and Ireland to close down schools have had detrimental effects on children in terms of child hunger and violence against children. Policy decisions that have prioritised adults at the cost of children have unveiled a structural injustice against children, which is mirrored by individual examples of everyday societal prejudice.

Bartlett, Ollie, ‘Does Ireland Need a Constitutional Right to Health after the COVID-19 Pandemic?’ (2022) 73(2) Northern Ireland Legal Quarterly 365–379
Abstract: There will be many legal legacies of the COVID-19 pandemic. This commentary argues that one of them should be the constitutionalisation of the right to health in Ireland. The overriding objective of saving lives has not always been explicitly linked with fundamental rights protection in government communications or the mainstream media. When the state police power permits the adoption of extraordinary measures to protect the public’s health, why would there be a need for a constitutional right to health? This commentary argues that the existence of a constitutional right to health in Ireland would make the process of designing, implementing and explaining the necessity of restrictions in times of public health crisis a more transparent exercise. Moreover, a constitutional right to health would provide a normative and procedural framework for reviewing government decisions that restrict one aspect of the right to health (for example maternity care) to protect another (protection from infectious disease). This commentary links these considerations to the recent proposal to amend the Irish Constitution to include a right to health and addresses the concerns raised about such a process in light of the benefits of a constitutional right to health as well as the social changes wrought by the COVID-19 pandemic. The commentary also evaluates the constitutional text that was proposed and highlights some of the considerations that must be taken into account when drafting a constitutional right to health.

Becker, Michael A, ‘Ireland and International Law 2020’ (2021) 15 Irish Yearbook of International Law (forthcoming)
Abstract: This correspondent report on Ireland and International Law in 2020 provides an overview to developments relating to COVID-19, Brexit, Ireland’s election to the UN Security Council, new international agreements entered into by Ireland, positions taken by Ireland in relation to a range of foreign conflicts, and Ireland’s engagement with international human rights mechanisms, international disarmament, climate change, peacekeeping, international development and diaspora affairs.

Bell, Mark, ‘More than an Afterthought? Equality Law in Ireland during the Pandemic’ in Shreya Atrey and Sandra Fredman (eds), Exponential Inequalities: Equality Law in Times of Crisis (Oxford University Press, 2023) 145
Abstract: This chapter explores whether equality law has functioned effectively during the pandemic through a case study of the experience in Ireland. It focuses on the impact of equality law on the actions of public bodies during this emergency. The chapter begins with an overview of data from Ireland on the disparate effects of the pandemic on certain groups in society, such as women and migrants. The chapter finds that, so far, there has been limited litigation under equality laws that directly relates to the state’s responses to the pandemic. In contrast, there are several examples of instances where measures that the state adopted, such as emergency employment supports, were contested politically due to their alleged inconsistency with equality laws. In some cases, this did result in subsequent revision of the original scheme. Irish law places public bodies under a duty to pay due regard to equality and human rights in performing their functions. This should have ensured that equality issues were taken into account during pandemic decision-making, but the chapter finds that there is limited evidence that this duty functioned effectively. The chapter concludes by arguing that the public sector equality duty needs to be strengthened. It also identifies the important role of state equality bodies in providing a voice for equality issues during a time of crisis.

Bigg, Carolyn et al, ‘Facial Recognition Technology: Supporting a Sustainable Lockdown Exit Strategy?’ [2020] (June) Computers and Law 23–32
Abstract: Considers the key aspects of data protection law concerning the adoption of facial recognition technology (FRT) as part of measures to help businesses restart following the COVID-19 pandemic lockdown, focusing in particular on examples in Ireland, Denmark and China. Discusses the more established use cases for FRT and the key considerations on whether its use is lawful. :

Brady, Alan and James Rooney, ‘COVID-19 Lockdowns and the Right to Education in Ireland’ (2021) 110(440) Studies: An Irish Quarterly Review 415–424
Abstract: COVID-19 Lockdowns and the Right to Education in Ireland Alan Brady and James Rooney In January 2021, the Minister for Education ordered all schools – including special schools – closed, in response to the third, and, so far, most extreme, wave of the COVID-19 pandemic.The guidance of the National Public Health Emergency Team (NPHET) to the Minister for Health on 30 December 2020 was that ‘schools should reopen as planned.’1 NPHET continued however that, ‘the high and rising levels of community transmission will become a risk to the ongoing provision of education at primary and secondary level unless these levels of transmission can be addressed.’2 On 5 January 2021, the NPHET advised the Minister for Health: Schools are safe environments, with very little evidence of transmission within schools, so that it seems that the majority of infections of children and adolescents occurs outside the school setting’3 and that ‘the opening of schools in August 2020 had no detectable effect on the growth rate in case numbers over subsequent weeks.4 However, the NPHET continued: The current epidemiological situation has deteriorated to a point where the significant levels of mobility and linked activity that the full reopening of schools would generate, constitutes a very significant additional risk in the context of what are already unprecedented levels of disease transmission in the community. It is important to state that this advice is not based on a changed assessment of the risks in relation to transmission levels in schools. Rather, it is a reflection of the overall epidemiological situation and the absolute need now to reduce all opportunities for transmission.5 Studies • volume 110 • number 440 415 Schools are distinctive institutions within our society as they not only serve an obvious social and educational function, but they also are the means by which we ensure the protection of a key fundamental right which our constitution extends to all children in Ireland: the right to a free primary education. Further, the educational rights of Irish children are guaranteed not only in Bunreacht na hÉireann, but also in international treaties to which the state is a party, from the European Convention on Human Rights (ECHR) and the UN Convention on the Rights of the Child (UNCRC) to the UN Convention on the Rights of People with Disabilities (UNCPRD). The closure of schools, even with the provision of online learning for those in a position to access it, has significant implications for the right to education as guaranteed by the Constitution of Ireland, the ECHR and the UN Convention on the Rights of the Child (UNCRC). In this article, we examine how the blanket closure of schools affects education rights protection in Ireland. In this, we have paid particular attention to those whose education rights are most vulnerable and at risk of being denied, namely disabled children and children from socioeconomically disadvantaged backgrounds. The constitutional right to primary education Article 42.4 of the Constitution of Ireland provides: ‘the state shall provide for free primary education’. On paper this is one of the most innovative passages in our constitution, unamended since its inclusion in 1937. Its immediate predecessor – Article 10 of the Free State constitution – was the first enumerated socioeconomic right in the common law world, and only the third such right contained in any democratic constitution.6 However, for as promising as this express guarantee appears at first, a study of how it has been applied in practice is somewhat less encouraging. In Crowley v Ireland, the first case to engage with this provision – in 1980, over forty years after Article 42.4 became operative – a strike by the INTO in the three national schools in Drimoleague left the schoolchildren of Drimoleague unable to access free primary education for the duration of the strike.7 It was argued on behalf of the children that Article 42.4 of the constitution created a right actionable against the state when, as in this case, their source of primary education was withdrawn. The Supreme Court rejected this argument.

Carolan, Eoin et al, ‘Ireland: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2023)
Abstract: There has been no change to the constitutional framework as a result of the Covid-19 pandemic. Article 28(3)(3) of the Constitution provides a formal mechanism for the suspension of certain aspects of the Constitution during a period in respect of which the Houses of the Oireachtas have passed a resolution that a ‘national emergency’ exists. This Article is confined to situations of ‘war or armed conflict’ and so did not apply. Nonetheless, the pandemic was described as an ‘emergency’ by the Oireachtas when enacting the March 2020 Acts. The long title of the Emergency Measures in the Public Interest (Covid-19) Act 2020 also made reference to a ‘public health emergency’, while both Acts also referred to the ‘immediate’, ‘manifest’, and ‘grave’ risk to human life and public health. The use of the language of ‘emergency’ in a statute does not have any formal legal consequences. There are previous precedents for such usage in Irish law. The constitutionality of both the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 and the Emergency Measures in the Public Interest (Covid-19) Act 2020 were the subject of judicial review proceedings in O’Doherty v Minister for Health. The High Court refused leave to bring the proceedings on the basis that the applicants had identified ‘no factual basis nor any supportive expert opinion’ to ground their application. At the time of submissions of this report, the decision is under appeal.

Casey, Conor, ‘Business as Usual? Irish Courts, the Constitution, and COVID-19’ [2021] Percorsi Constituzionali/Constitutional Paths (forthcoming)
Abstract: This article documents the Irish Courts treatment of legal challenges brought against the Irish State’s response to the COVID-19 pandemic. I outline how the Courts have continued acting throughout the pandemic as a forum of legal accountability for actions taken by the executive and legislature. In playing this role, I suggest the judiciary have neither displayed notable signs of enhanced deference nor assertive scrutiny. Instead, Irish Courts continued to apply the generic legal tools of procedural and substantive administrative and constitutional law with their typical cautious, but not supine, attitude to reviewing political branch action. For the most part, the broad attitude of the Courts displayed thus far has been that the general rules of Irish public law still apply. Overall, I suggest it is fair to say Irish Courts have been a cautious but important legal check on arbitrary political branch action during the pandemic.

Casey, Conor and David Kenny, ‘The Risk and Rewards of Ireland’s Leviathan: Rule of Law Values and the Irish Executive’s Crisis Response To COVID-19’ [2023] Irish Jurist (forthcoming)
Abstract: One thing made abundantly clear by State responses to the COVID-19 pandemic is the exceptional level of power vested by many constitutional systems in the administrative state. The pandemic has highlighted, in an acute way, a longstanding reality of most constitutional democracies: that most policymaking and consequential political choices are made by the executive branch and bureaucracy rather than by the legislative branch.Many defend these institutional developments and the expansion of the regulatory and administrative state as indispensable for protecting the general welfare and promoting the common good. Others are concerned this vast power increases the risk of the arbitrary abuse of state power and threatens core rule of law and democratic values.In this article, we argue that the experience of the COVID crisis in Ireland provides a perfect example of both the importance of the administrative state to promoting the common good, and also why its vast powers must be carefully channeled. We employ a critical analytical lens proposed in recent literature to analyse the Irish administrative state’s response to the COVID-19 crisis and make the case that rule of law principles applied to executive action and regulation of this sort — an internal morality of administrative law — can both constrain the administrative state’s its scope for arbitrariness while also improving its efficacy and perceived legitimacy. We suggest that they help reconcile two critical aspects of public law thought and practice: the standing need for an empowered and energetic State and the need for all public power to be reasoned and purposive.In Part I, we outline the difficult dichotomy between the benefits and the deep risks of an expansive executive-led administrative state in times of crisis, and in the specific context of the COVID-19 pandemic, which was a perfect illustration of why a legislative-led response is not feasible in crisis. Part II examines Ireland’s COVID response, which exhibited an unprecedented delegation of rulemaking power to the executive; the vast empowerment of technocratic advisors; sweeping enforcement powers; and an inability to provide meaningful legislative oversight. It was, however, effective, and did not result in any democratic decay or serious, sustained, abuses of power. In Part III, we outline what Professors Sunstein and Vermeule term the ‘internal morality of administrative law’: a set of principles to ensure a more legitimate and effective administrative state through gauging compliance with fundamental rule of law precepts. In Part IV, we apply these principles to our Irish case study to show how they identify the moderate but important rule of law failures that beset this successful and ultimately benign crisis response. We argue that we should try to augment the culture of administrative states to recommit to these principles so that its crucial role in crisis response — and in governance more broadly — can be met with enthusiasm rather than suspicion.

Casey, Conor, Oran Doyle and David Kenny, ‘The Irish State’s COVID-19 Response and the Rule of Law: Causes for Concern’ (2021) 110(440) Studies: An Irish Quarterly Review 446–457
Abstract: Outline of state COVID-19 response Since March 2020, the most dominant issue in the Irish legal landscape has been, unsurprisingly, the COVID-19 Pandemic.1 Ireland has not declared a constitutional state of emergency since the pandemic reached its shores: it cannot, as a public health emergency is not grounds for use of emergency powers in the Irish constitution. But the Irish state’s approach to tackling the pandemic since March closely resembles a typical constitutional emergency response, heavily reliant on executive action in the form of regulations made by the Minister for Health.2 The Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 and Emergency Measures in the Public Interest (COVID-19) Act 2020 (Emergency Measures Act) – the two main statutory planks of the state’s COVID-19 response – delegated broad powers to make regulations for ‘preventing, limiting, minimising or slowing the spread of COVID-19’ and to deal with the harsh economic and social effects of the pandemic. This authority was used to make ministerial regulations that implemented ‘lockdowns’ of varying stringency, similar to those in other states. This included shutting down non-essential business activity; mandating the wearing of masks on transport and business premises; restricting gatherings in private dwellings; limiting the number of people who could attend events; and preventing you from leaving your home unless you had a ‘reasonable excuse’. These powers are perhaps the most extensive powers delegated to the executive in the history of the state. To ameliorate the devastating socio-economic effects of the virus and these measures, the government also issued regulations introducing socio-economic supports such as rent freezes, eviction bans, business subsidies, and emergency social welfare supports. Some major measures – such as mandatory hotel quarantine for certain incoming travellers – were put on a statutory footing. But most restrictions on personal freedom were implemented by the Minister for Health making Studies • volume 110 • number 440 446 a regulation to prohibit an action, subject to a type of penalty specified by the Oireachtas. These penalties include the criminal sanctions of fines and imprisonment, supplemented by fixed penalty notices (colloquially referred to as ‘on-the-spot fines’) and an obligation to comply with directions issued by gardaí. The government also relied on its own inherent constitutional executive powers3 to issue public health advice,4 to unilaterally extend the immigration permissions of thousands of migrants in the state;5 and to compensate for the economic impact of lockdown measures.6 The government has, therefore, drawn liberally upon the three different faces of state power, the ‘force of law (imperium), the force of money (dominium) and the force of information (suasion) to respond to the COVID-19 pandemic.’7 Assessing the state COVID-19 response: some positives Assessing whether the government’s response to COVID-19 has been, all things considered, optimal or reasonable, is a deeply complex moral, political and public health question, one far beyond the scope of this article. But one positive was robust constitutional institutions of government that have the capacity to act for the common good in the face of enormous challenges.8 When the virus reached Irish shores in March 2021, the Irish state was swiftly able to marry Hamiltonian qualities9 of dispatch, unity of purpose, and flexibility, with the technocratic expertise of its public health advisors and other civil servants to act to protect life, health, and socio-economic stability. The legislature, despite not housing a government majority, passed robust emergency legislation quickly and with some scrutiny. The government utilised these powers decisively, and with consultation with relevant expert advisors. This is no small thing. We do not, in making this observation, specifically endorse the choices made by the state and/or its technocratic advisors as compared to possible alternative measures or strategies. Rather, the readiness and willingness of the executive branch to swiftly act in good faith for the common good – with due regard for expert advice – is laudable compared with some of its comparators. Some executives took a distinctly hands-off and casual approach to tackling the...

Cathaoir, Katharina Ó and Christie MacColl, ‘COVID-19 Restrictions in Ireland and Northern Ireland: A Comparison of the Legal Framing of Reasonableness’ (2022) 73(2) Northern Ireland Legal Quarterly 234–259
Abstract: In 2020, Ireland and Northern Ireland implemented separate legislative strategies to tackle COVID-19, despite the island comprising a single epidemiological unit. This article evaluates and contrasts the framing of ‘reasonable excuses’ in the regulations adopted by Ireland and Northern Ireland between March and December of 2020. It submits that the rejection of an ‘all-Ireland’ approach, side by side lack of effective regulatory coordination and enforcement, likely had implications for transmission in each state. The regulations have entailed far-reaching incursions on civil liberties, often without providing the public with a clear evidence base. The complexity of the legislation as well as conflicting government guidance, contributed to a climate of public confusion, which created subsequent difficulties for enforcement, notably in the border regions. Insufficient coordination undermined measures by allowing for loopholes to be exploited. The article reflects on the human rights implications thereof, focusing on transparency and proportionality.

Celeste, Edoardo, Sorcha Montgomery and Arthit Suriyawongkul, ‘Digital Technology and Privacy Attitudes in Times of COVID-19: Formal Legality versus Legal Reality in Ireland’ (2022) 73(2) Northern Ireland Legal Quarterly 283–309
Abstract: The adoption of digital technologies to counteract the spread of COVID-19 has resulted in a major exposure of our rights to privacy and data protection. An empirical study conducted in Ireland by the Science Foundation Ireland-funded project PRIVATT demonstrates that privacy attitudes have shifted, resulting in a greater willingness to share personal data in order to combat the pandemic, while, at the same time, upholding a persistent mistrust in the public and private institutions overseeing this global health crisis. This article interprets these findings from a socio-legal perspective, arguing that people tend to overlook the inalienable nature of the essence of their rights to privacy and data protection, the compression of which is not admissible under EU law. Moreover, the widespread mistrust of public and private actors evidences a divergence between the formal legality of the technological solutions adopted and the legal reality that brings about the Irish public’s perception of government measures as potentially infringing their fundamental rights. These considerations will prompt recommendations in pursuit of enhancing transparency, involvement in decision-making processes and data protection literacy amongst the population.

Clark, Serena et al, ‘“You’re a Teacher You’re a Mother, You’re a Worker”: Gender Inequality during COVID-19 in Ireland’ (2021) 28(4) Gender, Work & Organization 1352–1362
Abstract: The novel coronavirus (COVID-19) was declared a global pandemic in March 2020. Unlike previous highly contagious diseases that brought the threat of global instability this century such as SARS-CoV, Zika virus (ZIKV), Swine flu (H1N1), and the Avian flu (H5N1), COVID-19 was unable to be contained. Global restrictions were implemented to curb the spread of the virus, which included but were not limited to the closure of all educational institutions and the advice to engage in remote working. This study aims to understand the experience of working mothers who managed work and home duties during the COVID-19 pandemic in Ireland. Thirty working mothers were interviewed in this study, and qualitative analyses were conducted to gain insight into their work and family life during the restrictions. The findings of the analysis indicate that working mothers have been negatively impacted by COVID-19 in relation to their psychological well-being, experiences of negative emotions, and the redefinition of family dynamics, in which working mothers have adopted additional and disproportionate care burden. These findings are consistent with the current research arguing that COVID-19 has highlighted an increase in the gender gap in domestic labor as well as the undermining of career advancement for working mothers. :

Collins, Richard and Marie-Luce Paris, ‘Post-Covid Legal Education: Preliminary Findings of Technological Challenges and Opportunities at UCD Sutherland School of Law’ (UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No 01 / 2023, 21 June 2023)
Abstract: Legal education, as all other disciplines taught at higher education level, was deeply affected by the Covid-19 pandemic episode. Despite already undergoing pressure for change pre-pandemic in several respects, the Covid-19 pandemic turned the pressure to re-envision the future of legal education into a necessity for rapid change with notably the conversion to online teaching and learning. Yet, law schools, educators and students were quite unprepared for the shift online. A legitimate question for law schools has been whether the Covid-19 pandemic has been perceived as a threat to legal education or, on the contrary, as a catalyst for change. The aim of the piece is to present a small case study to illustrate this questioning in the context of on online survey conducted among law lecturers of UCD Sutherland School of Law. From the survey results, it is evident that the topic of online learning provision remains divisive, and that the recent introduction of micro-credential modules might provide interesting opportunities and also challenges in post-pandemic legal education if online learning is to be pursued.

Conway, Brian, ‘The Influence of the COVID-19 Pandemic on Religion: The Case of Ireland’ in Brian Conway et al (eds), Religion, Law, and COVID-19 in Europe: A Comparative Analysis (Helsinki University Press, 2024) 95–114 [OPEN ACCESS E-BOOK]
Abstract: Despite being a small island nation on Europe’s western periphery, Ireland was not inoculated from the broad and deep impacts of the COVID-19 pandemic evident in other societies. In general, state-imposed restrictions in Ireland were among the strongest in Europe. This chapter considers both the legal and the sociological aspects of the pandemic’s influence on religion in Ireland, focusing mainly on Catholic religiosity. Regarding the legal aspect, I show how religious groups pushed back against restrictions by leaning into a broad range of factors, including religion’s social well-being contribution, the right to religious freedom, the legal ambivalences of government restrictions, the relative transmission risks of secular versus religious settings, and divergences from the treatment of religious groups in other European societies. On the sociological side, I show how the pandemic impacted ordinary devotees, as well as how religious groups responded to restrictions through various forms of adaptation. Additionally, I show how restrictions fostered greater interreligious exchange as well as stoking church–state tensions amid the perceived marginalisation of religious interests by state actors. The chapter concludes by reflecting on the larger takeaway of the Irish case.

Dobbs, Mary and Andrew Keenan, ‘Territorial Approaches to a Pandemic: A Pathway to Effective Governance?’ (2022) 73(2) Northern Ireland Legal Quarterly 202–233
Abstract: Pandemics, including COVID-19, highlight the issue of multilevel governance, where and how powers should be allocated, and the challenge of ensuring coherency. This issue comes clearly into focus in epidemiological units where internal jurisdictional boundaries exist, as in the case of the island of Ireland with the border between Northern Ireland/the United Kingdom and Ireland. This article evaluates the approaches to policy-making on the island of Ireland, and considers whether the two jurisdictions adequately addressed cross-border issues in light of the concept of subsidiarity. The core focus is on a COVID-19 Memorandum of Understanding (MOU) agreed between Ireland and Northern Ireland in April 2020, with consideration also of proposals for a two-island approach. The article argues that subsidiarity would call for a centralised approach or at least substantial cooperation to facilitate effective policy implementation and coherency. The MOU reflects these ideas, through supporting substantial cooperation, but with some significant weaknesses that manifest in its implementation. Alternative issues arise when considering a potential two-island approach. Together, the MOU and the alternative of a two-island approach highlight that context is a crucial consideration for subsidiarity and evaluating the approaches to cross-border issues. It can make centralisation and substantial cooperation (and therefore coherency more generally) significantly more challenging and thereby also highlights the limits of subsidiarity.

Doyle, Laura, ‘“All in This Together?” A Commentary on the Impact of COVID-19 on Disability Day Services in Ireland’ (2021) 36(9) Disability & Society 1538–1542
Abstract: Disability services in Ireland faced a financial crisis which was exacerbated by the impact of the COVID-19 pandemic. The resumption of day services for people with disabilities placed the bulk of the financial burden on these disability services following initial non-committal governmental support. Disability day services closed in March 2020 with services operating at a much-reduced capacity since this date. This reduction of services has negatively impacted people with disabilities who were already experiencing inequalities in Irish society pre-COVID-19. Will the commitment of financial provision to support resumption of services positively impact on people with disabilities, or are historic inequalities faced by disabled people likely to continue in Ireland? :

Doyle, Oran, ‘National Report on Ireland’ in Arianna Vedaschi (ed), Governmental Policies to Fight Pandemic: The Boundaries of Legitimate Limitations on Fundamental Freedoms (Brill, 2024) 225–248
Abstract: Ireland’s legal response to COVID-19 began in March 2020. A formal emergency approach was not followed since Article 28.4 of the Constitution of Ireland 1937 limits emergencies to times of war or armed rebellion. There is no statutory regulation of emergencies. Ireland did not derogate from any international human rights treaties.

Greene, Alan, ‘Emergencies, Executive Power, and Ireland’s Response to the Covid-19 Pandemic’ in Nadav Morag (ed), Impacts of the Covid-19 Pandemic (Wiley, 2022) 23–40
Abstract: This chapter discusses the key restrictions Ireland enacted in response to the COVID-19 pandemic. It focuses on particular measures that most people in Ireland have experienced directly; namely, measures restricting a person’s liberty and movements, and what businesses, events, and associations were permitted to operate. Like many states, Ireland enacted an emergency response to the COVID-19 pandemic. The Irish Constitution does make express provision for a state of emergency to be declared by the Oireachtas. In addition to constitutional norms, Ireland is also a signatory to several international human rights treaties relevant to the state’s response to the pandemic. In July 2020, the Irish Health Service Executive launched the CovidTracker App, which was designed to assist with track and trace efforts. In 2021, Ireland began its vaccination programme against COVID-19.

Hogan, Gerard and Hilary Hogan, ‘Legal and Constitutional Issues Arising from the 2020 General Election’ (SSRN Scholarly Paper No ID 3587047, Social Science Research Network, 27 April 2020)
Abstract: In 1989, a series of novel legal issues arising out of the general election of the same year were examined by the first named writer. If the aftermath of the election of 1989 seemed unusual, it pales in comparison to the series of events that took place following the 2020 general election. It seems timely to re-visit some of the issues explored in the 1989, as well as considering some of the new issues thrown up by the 2020 general election. In this article, we analyse the following questions: what is the effect of a death of a general election candidate? Is the outgoing Taoiseach obliged to resign if he is not re-elected as Taoiseach on the date of the first sitting of the Dáil following the general election, and no other candidate for that office is elected on that day? What is the scope of powers afforded to a caretaker Taoiseach and his Ministers? Is the Seanad validly constituted if a new Taoiseach has not nominated eleven members? If not, can the Oireachtas continue to pass legislation over which the Seanad has a more limited role? Many of these questions assumed new relevance in the context of the actions taken by the acting Government during the Covid-19 pandemic. :

‘The HSA Covid-19 Inspections Approach Set Out Clearly’ (2020) 25(6) Health & Safety Review 16–17
Abstract: Highlights comments made by P J Claffey, Project Manager of the Irish Health and Safety Authority’s field inspectorate, on the four key questions inspectors will raise during their mandated COVID-19 workplace inspections concerning employers’ compliance with the Irish Government’s Return to Work Safely Protocol and their duties under the Safety, Health and Welfare at Work Act 2005. :

Hughes, Paul, ‘COVID-19 and Construction Contracts’ (2020) 38(12) Irish Law Times 179–184
Abstract: Discusses the impact of COVID-19 on construction contracts. Considers how different types of contract address delay and cost caused by COVID-19 restrictions, a contractor’s entitlement to an extension of time and loss and expense, and force majeure clauses. Examines the JCT Suite, the Public Works Contracts suite, FIDIC and NEC4. :

Kelly, Brendan D, ‘Emergency Mental Health Legislation in Response to the Covid-19 (Coronavirus) Pandemic in Ireland: Urgency, Necessity and Proportionality’ (2020) 70(May–June) International Journal of Law and Psychiatry Article 101564
Abstract: Many countries have enacted, or are in the process of enacting, emergency mental health legislation in response to the global pandemic of Covid-19 (coronavirus). In Ireland, the Emergency Measures in the Public Interest (Covid-19) Act, 2020 amends the Mental Health Act 2001 to permit the Mental Health Commission to request an independent psychiatric report about an involuntary patient from any consultant psychiatrist who is not treating the patient (and not just those on its designated panel). This independent examination may occur ‘in person’, ‘by other appropriate means’, or even, ‘due to the exigencies of the public health emergency’, not occur at all, once this is explained in the resultant report. The 2020 Act acknowledges that ‘the exigencies of the public health emergency’ might hamper the independent psychiatrist’s work and requires a written report from the patient’s treating psychiatrist ‘no earlier than the day before’ the tribunal, in lieu of the psychiatrist physically attending a tribunal hearing, although, if possible, they will attend (i.e. phone in to) a tribunal held by conference call. The 2020 Act permits the Mental Health Commission to, if necessary, appoint tribunals ‘consisting of one member who shall be a practising barrister or solicitor’. Such a tribunal shall, if possible, consult with a consultant psychiatrist if the reports from the independent psychiatrist and treating psychiatrist conflict or if it is otherwise ‘necessary in the interest of the patient’. A tribunal can extend an involuntary order by a second period of 14 days ‘of its own motion if the tribunal, having due regard to the interest of the patient, is satisfied that it is necessary’. Tribunals for current involuntary patients will be prioritised over retrospective tribunals for discharged patients; a tribunal can direct a witness to provide ‘a written statement’ rather than attending; and the patient can make written representation to the tribunal instead of physically attending a tribunal hearing, although they may attend (i.e. phone in to) a tribunal held by conference call. Psycho-surgery for involuntary patients is banned. While it is clear that revisions are urgent and necessary in light of Covid-19, the proportionality of these changes will depend on how, and the extent to which, they are used in practice. With good communication, efficient team-working and close adherence to professional codes of practice and ethics, it is hoped that these amendments will result in a review system that is as reasonable, robust and reassuring as the current, highly unusual circumstances permit. :

Lynch, Nessa and Ursula Kilkelly, ‘“Zooming In” on Children’s Rights During a Pandemic: Technology, Child Justice and COVID-19’ (2021) 29(2) International Journal of Children’s Rights 286–304
Abstract: The implementation of public health measures in response to the COVID-19 pandemic has impacted heavily on the operation of child justice systems and places of detention, creating new challenges in the safeguarding and implementation of children’s rights. Yet, it has also been a time of innovation, particularly in the use of technology. Using case studies from Ireland and Aotearoa New Zealand, we discuss how technology has been used to maintain the balance between restrictive yet necessary public health measures and the operation of the child justice system. Examples include remote participation in remand hearings and trial and the use of ‘virtual visits’ for children in detention. :

Mazzi, Davide, ‘The Irish Public Discourse on Covid-19 at the Intersection of Legislation, Fake News and Judicial Argumentation’ (2022) 35 International Journal for the Semiotics of Law 1233–1252
Abstract: This paper aims to perform a multi-level analysis of the Irish public discourse on Covid-19. Despite widespread agreement that Ireland’s response was rapid and effective, the country’s journey through the pandemic has been no easy ride. In order to contain the virus, the Government’s emergency legislation imposed draconian measures including the detention and isolation of people deemed to be even ‘a potential source of infection’ and a significant extension of An Garda Síochána’s power of arrest. In April 2020, journalists John Waters and Gemma O’Doherty initiated judicial review proceedings before the High Court to challenge such legislation, which they defined as unconstitutional, ‘disproportionate’ and based on ‘fraudulent science’. The proceedings attracted widespread media coverage in what soon became a debate on the legitimacy of emergency legislation and the notion of ‘fake news’ itself. After a brief survey of the legislative background to Ireland’s Covid response, the argumentative strategy is analysed through which the High Court eventually dismissed Mr Waters and Ms O’Doherty’s challenge. Focusing on the process of justification of the judicial decision, the paper provides a descriptive account of the argument structure of the Court’s decision. This sheds light on the pattern of multiple argumentation through which the Court interpreted relevant norms in the Constitution and at once re-established the primacy of ‘facts’ informing political decision-making at a time of national emergency.

McQuigg, Ronagh, ‘Domestic Abuse: The “Shadow Pandemic”’ (2022) 73(2) Northern Ireland Legal Quarterly 341–364
Abstract: Since the onset of the COVID-19 pandemic, incidents of domestic abuse have increased substantially around the world. The lockdown measures which were adopted by many jurisdictions, although necessary to limit the spread of the virus, nevertheless resulted in those living in abusive relationships finding themselves to be even more isolated. Indeed, UN Women has termed violence against women during the COVID-19 pandemic as the ‘shadow pandemic’. This article discusses the increased levels of domestic abuse globally, proceeds to examine the rise in instances of domestic abuse on the island of Ireland, and then analyses the measures adopted in both Northern Ireland and the Republic of Ireland in response. It is argued that, although meritorious steps were taken in both jurisdictions, essentially the pandemic has exacerbated pre-existing difficulties with the responses of both Northern Ireland and the Republic of Ireland to this issue.

Murphy, Caroline and Lorraine Ryan, ‘National Labour Law and Social Security Systems through the Lens of the COVID Health Crisis. Adaptations or Fundamental Changes?’ [2021] (4) Revue de droit comparé du travail et de la sécurité sociale 132–143
Abstract: The Covid 19 crisis has created significant changes to work environments and consequently numerous challenges for employment law frameworks in Ireland. In order to understand them better, in this article we provide an overview of these key issues from an Irish perspective, providing details of recent relevant case law, survey data showing trends and the future strategic plans of the Irish government in aiming to deal with these issues.

Ó Néill, Clayton et al, ‘COVID-19 Vaccination In The UK And Ireland: Ethics In Practice’ (Edinburgh School of Law Research Paper No 2021/16, 15 July 2021)
Abstract: This working paper examines questions of values in relation to the COVID-19 vaccination programmes in the United Kingdom and Ireland. We first present a brief overview of developments in relation to COVID-19 vaccine development and rollout on a global basis. We then proceed with an examination of key ethical, policy and legal developments in these areas in the United Kingdom and Ireland, followed by the identification of commonalities and differences as between the two countries. In the final section, we consider the broader issue of values raised by the COVID-19 vaccination programmes in the UK and Ireland. :

O’Leary, Diarmuid, ‘Curtailing Covid Casualties, From Hospital Room to Courtroom: An Analysis of Ireland’s Deficient Liability Regime During Public Health Emergencies’ (2021) 28(4) European Journal of Health Law 377–392
Abstract: This article considers the liability of healthcare professionals during public health crises in Ireland. It argues that Covid-19 has shown that Irish law lacks protective measures for healthcare practitioners who elect to value high-capacity care over best possible treatment to smaller numbers of patients. Such a prohibition, it is contended, has the potential to be fatal to the management of public health emergencies and can lead to defensive clinical practices which serve to slow or halt progress in the provision of emergency healthcare. As such, a broad, accessible and clearly-defined immunity regime limited to periods of crisis is recommended in order to allow for the protection of the practitioner and the provision of healthcare to the masses. :

O’Leary, Diarmuid, ‘Curtailing Covid Casualties, From Hospital Room to Courtroom: An Analysis of Ireland’s Deficient Liability Regime During Public Health Emergencies’ (2021) 28(4) European Journal of Health Law 377–392
Abstract: This article considers the liability of healthcare professionals during public health crises in Ireland. It argues that Covid-19 has shown that Irish law lacks protective measures for healthcare practitioners who elect to value high-capacity care over best possible treatment to smaller numbers of patients. Such a prohibition, it is contended, has the potential to be fatal to the management of public health emergencies and can lead to defensive clinical practices which serve to slow or halt progress in the provision of emergency healthcare. As such, a broad, accessible and clearly-defined immunity regime limited to periods of crisis is recommended in order to allow for the protection of the practitioner and the provision of healthcare to the masses. :

Phelan, Sara, ‘In the Interests of Justice’ (2020) 25(3) Bar Review 83
Abstract: Discusses how the Irish court system has adapted to the coronavirus restrictions to maintain access to justice via a mix of remote and physical hearings. Stresses that remote hearings are not suitable for all matters and that a balance between fairness and expediency must be reached. :

Porcedda, Maria-Grazia, ‘On the Compatibility of Pandemic Data-Driven Measures with the Right to Data Protection: A Review of “under-the-Radar” Measures Adopted in Ireland to Contain COVID-19’ (2022) 73(2) Northern Ireland Legal Quarterly 310–340
Abstract: This article reviews the compatibility of ‘under-the-radar’ data-driven measures adopted in Ireland to contain the COVID-19 pandemic with data protection law. Since data protection law implements and gives substance to the right to the protection of personal data enshrined in article 8 of the Charter of Fundamental Rights of the European Union, the article reviews the compatibility of data-driven measures with the applicable law in light of the Charter. The measures reviewed – thermal scanner guns, health self-check forms, Statutory Instruments for contact logging and the Vaccine Information System – appear well-meaning but partly incompatible with the right to data protection. The analysis points to the difficulty of reconciling public health and data protection without a systematic data-processing strategy and concludes with recommendations for right-proofing data-driven measures in the guise of a blueprint strategy for processing personal data for present and future pandemic purposes.

Power, Vincent, ‘Ireland: Competition: COVID-19 Crisis’ (2020) 31(8) International Company and Commercial Law Review N66–N69
Abstract: Notes the March 2020 online publication by Ireland’s Competition and Consumer Protection Commission (CCPC) of the joint statement by the European Competition Network (ECN) concerning the relationship between the coronavirus pandemic and competition law. Details the ECB’s views on the flexibility of competition rules, its awareness of the impact and consequences of the coronavirus pandemic, and the importance of co-operation between undertakings. :

Sanders, Anne, ‘Video-Hearings in Europe before, during and after the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges. :

Spillane, Alison et al, ‘Early Abortion Care during the COVID-19 Public Health Emergency in Ireland: Implications for Law, Policy, and Service Delivery’ [2021] International Journal of Gynecology & Obstetrics (Advance article, published 24 April 2021)
Abstract: Early abortion care became available in Ireland in January 2019. Service delivery involves two consultations with a medical practitioner, separated by a mandatory 3-day waiting period. The Model of Care for termination of pregnancy initially required in-person visits. The onset of the COVID-19 pandemic necessitated significant reductions in in-person interactions in healthcare. A revised Model of Care for termination of pregnancy, issued for the duration of the pandemic, permits delivery of early abortion care by remote consultation. Significantly, this was introduced without amending the 2018 abortion law. The pandemic precipitated a rapid development in the delivery of abortion care that was not anticipated at the time of abortion law reform only 18 months earlier. We outline the work undertaken to maintain access to abortion care in early pregnancy through the lens of a single community-level provider and explore what these developments may mean for abortion law, policy, and service delivery. :

Stafford, Caroline, ‘The Impact of COVID-19 on the Legal Information Profession within Law Firms’ (2022) 22(4) Legal Information Management 190–195
Abstract: The purpose of this research is to understand the impact of the COVID-19 pandemic on the legal information profession within law firm libraries in Britain and Ireland. As the pandemic only began the year before commencing this research, few studies had been conducted on the topic, thereby a clear opening for this study emerged. This study uses a survey research strategy comprised of a mixed methods research approach. Desk research in the form of a literature review opens the study. A questionnaire and 5 semi-structured interviews were subsequently conducted. To understand the impact of the pandemic on the legal information profession within law firm libraries, the research objectives break the topic down into 4 areas that give insight into the consequences of the pandemic. The research found that A) working from home was the major impact faced due to the lockdown in spring 2020; B) use and spending on print resources declined; C) the role of legal information professionals has not significantly changed; and D) future legal information professionals will need to upskill due to technological developments and improve the image of the profession. Owing to the recent outset of the COVID-19 pandemic, it is important to compare the findings of this research to similar future studies to determine the validity of the results.

Tillman, Seth Barrett, ‘COVID-19: Can the Oireachtas Legislate During the Pandemic?’ (2020) 38(7) Irish Law Times 94
Abstract: Seán Ó Fearghaíl, the Ceann Comhairle, has informed his colleagues, that in light of ‘a very serious constitutional problem,’ the Seanad will be unable to pass legislation after Sunday. He is supported by advice offered from the Attorney General and the Secretary General of the Department of the Taoiseach. The single argument which has been put forward in public in support of the Ceann Comhairle’s position is not entirely frivolous. It is the sort of argument beloved by legal academics giving final examinations based on fictitious fact patterns. Such arguments usually do not play prominent roles in the legal advice offered by officers of state, senior law officers, and highly placed civil servants during national and international emergencies. I respectfully suggest the Attorney General has erred, and the Ceann Comhairle erred in relying on such advice. :

Tumelty, Mary-Elizabeth et al, ‘COVID-19 Vaccination and Legal Preparedness: Lessons from Ireland’ (2022) 29(2) European Journal of Health Law 240–259
Abstract: Ireland has been a leader in the COVID-19 vaccine rollout in the EU, with almost 80% of the eligible population (aged over 5 years) fully vaccinated at the time of writing. The success of the vaccine rollout in this jurisdiction notwithstanding, the legal frameworks supporting the rollout had significant lacunas. Two aspects in particular highlighted a lack of legal preparedness: the inadequacy of the legal framework for consent and the absence of a vaccine injury redress scheme. This paper explores these components of the COVID-19 vaccine rollout through the lens of legal preparedness. Whilst most often discussed in the context of command and control measures such as social distancing requirements and regional lockdowns, this paper argues for an expanded understanding of what it means to be legally prepared, highlighting the importance of the preparedness of domestic legal frameworks.

Walsh, Rachael, ‘Securing Possession of the Home in the COVID-19 Context: The Irish Experience’ in et al Boggenpoel (ed), Property Responses to a Global Pandemic (JUTA, 2021) (forthcoming)
Abstract: The COVID-19 crisis has prompted reflection and at times radical legislative action in a range of jurisdictions to help individuals to retain possession of their homes despite the economic challenges created by the crisis. Long-term lock-downs in the interests of public health have created the need to minimise the movement of people and have resulted in significant loss of income, prompting legislatures to enact reforms to avoid evictions that had previously been perceived as ‘off the table’ due to their impact on property rights. The legal and political parameters for balancing the rights of landlords and tenants appear to have been re-drawn (at least temporarily) by the public health crisis. This draft chapter analyses the Irish legislative response to the impact of COVID-19 on tenants in light of these themes, with a particular focus on the interaction between legislation and constitutional constraints in this context, and on the impact of the COVID-19 crisis on political understandings of those constraints.

Isle of Man

Edge, Peter W, ‘A National Emergency or a Public Health Crisis? Reflecting on the 2020 and 2021 Manx Responses to the Global Pandemic’ (2021) 3(1) Amicus Curiae, Series 2 56–75
Abstract: The Isle of Man, a self-governing Crown Dependency, developed its own response to the global pandemic, including strict border controls and periods of lockdown. In 2020, this was given legal effect through the declaration of a formal State of Emergency, while, in 2021, similar measures were implemented under public health legislation without a State of Emergency. Framing the 2021 lockdowns as a public health crisis led to a more tightly focused response than the 2020 framing as a national emergency. Within this narrower range, however, the structure of the public health legislation as implemented provided less democratic accountability than the emergency powers legislation and reduced the emphasis given to the rules as laws, leading to a decrease in formality in relation to both creation and publication of these legal rules, and exacerbating a blurring between law and advice. These disadvantages were not, however, intrinsic to the public health legislation itself, and if corrected the public health response is to be preferred. :

Edge, Peter W, ‘The Manx Emergency of 2020: Dealing with a Global Pandemic as a Small Island Democracy’ [2021] (2) Public Law 232–241
Abstract: In 2020 the Isle of Man responded to the coronavirus pandemic with the declaration of a state of emergency under the Emergency Powers Act 1936 (EPA), and exceptional governance of the Isle of Man under a regime of Emergency Powers Regulations (EPR). This brief note describes the legal structure underpinning the emergency, outlines the extensive body of EPRs, and argues that the distinctive Manx response is best understood as the consequence of the Isle of Man’s status as a small island democracy dependent upon the UK Crown.

Italy

Albanese, Antonio, ‘Mobility at the Time of the Coronavirus and Damage Caused by Vehicles Equipped with Electronic Safety Systems’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: The introduction of technologies that make vehicles safer is important to address the foreseeable criticalities of road traffic due to the lower capacity of public transport as a result of social distancing measures. In this unique situation, the objective of limiting the spread of the epidemic cannot overshadow the prevention of accidents and human health must be guaranteed with respect to all possible risks. However, new safety systems are not completely failsafe. With these cases in mind, the article proposes to verify the extent to which current rules on civil liability in Italian law may offer solutions to damages caused by highly automated vehicles in terms of preventing harmful events and allocating their costs according to criteria of justice and economic efficiency. Within this logic, the analysis also looks at the rules on the distribution of compensation costs among the various parties that may be jointly and severally liable (driver, owner, custodian or manufacturer). :

Alibegovic, Mia et al, ‘COVID-19 & SDGs: Does the Current Pandemic Have an Impact on the 17 Sustainable Development Goals? A Qualitative Analysis’ (FEEM Policy Brief No 07–2020, 8 June 2020)
Abstract: The following Policy Brief proposes a qualitative analysis on the impact the COVID-19 pandemic and the current Italian crisis could have on the achievement of the 17 Sustainable Development Goals. The analysis considers all the 169 targets of the 2030 Agenda, in order to study, specifically, which will be the effects of the crisis concerning the three dimensions of sustainable development: economy, society and environment. The reflection emerging from this document attempts to understand for each Goal and target which could and can be the impacts of the pandemic, of the lockdown and of the overall economic crisis caused by the previous. The results presented in the Brief are based on the evolution of the crisis and on the decree-laws of the Italian government in order to contain it; nevertheless, those outcomes cannot be taken as final, considering the subsisting nature of the crisis, the still outstanding lockdown measures, and the absence of quantitative data related to the post-crisis. :

Alicino, Francesco, ‘Italy’s Secularity and Freedom of Religion under the COVID-19 Pandemic’ in Brian Conway et al (eds), Religion, Law, and COVID-19 in Europe: A Comparative Analysis (Helsinki University Press, 2024) 143–158 [OPEN ACCESS E-BOOK]
Abstract: This chapter analyses the sociological and legal characteristics of Italy’s religious tendencies under the COVID-19 crisis, in respect of which the logic of emergency has impacted on a society that is becoming more and more secular. The COVID-19 crisis highlighted the increase in religious pluralism in Italy over the previous three decades, not only in terms of the proliferation of different denominations but also in terms of the growing presence of other sociocultural groups. For these very reasons, the COVID-19 crisis went to the heart of the historical dilemma of religious freedom and thus to the principle of equality that, as such, implies the right to be different. This also reflects the fact that, although Italy had one of the highest vaccination coverage rates in the European Union, protests against both the COVID-19 vaccine and vaccination in general were widely reported in the media and public debate. These protests were mainly seen as populist, driven by individualistic demands, in which religious institutions did not play an important role. By contrast, the main denominational authorities urged their followers to be vaccinated and to follow the advice of public health officials.

Allegranti, Ivan, ‘A Comparative Analysis of the Italian and German Laws Regulating Electricity Bills during Exceptional Events’ (2022) 8(1) Baku State University Law Review 93–121
Abstract: The article focuses its attention on analyzing, firstly, the European regulatory landmark on energy bills. Secondly, this article will investigate the electricity bills discipline of two European countries: Germany and Italy. The scope of the first part of this article is to highlight the differences in the structure and the discipline of electricity bills in the two countries. The second part of the article will investigate how both EU countries have reacted to energy bills during emergency periods. For Italy, the focus will be both on the earthquake of 2016 which destroyed 138 municipalities of the Marche Region and on the COVID-19 pandemic, while for Germany the investigation will concentrate only on the pandemic emergency regulations related to energy bills. The outline of the article will be a comparison of both energy bills practices during emergency periods thus highlighting how the countries have reacted during these exceptional events.

Alpa, Guido, ‘Coronavirus and the Law in Europe: Remarks on the Effects of the Pandemic on Long-Term Contracts’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: The Coronavirus epidemic shapes a situation that can be considered an event of force majeure, characterised by unpredictability, exceptionality and uncertainty in its duration and then impossibility of performing and termination of contract. It is necessary to take into account also the provisions adopted by national legislators concerning limitation of economic activities, working, traveling, moving etc. These limitations result in orders and prohibitions, modifying the performance of contracts, sometimes causing impossibility. In Italian law these events are considered ‘factum principis’, whose legal effects are similar to force majeure. Factum principis and force majeure affect long-term contracts, and may cause temporary supervening impossibility or supervening excessively onerous nature of the performances. In the first case, the performance may be postponed, in the second the contract shall be terminated. Italian Civil Code’s provisions suggest how the risk may be allocated between the parties in different situations submitted to the judge. :

Avogaro, Matteo, ‘EU Digital Covid Certificate: From a “Gentle Push” for Vaccination to a Condition to Work? Implications and Legacy in the Field of Employment Relationship’ (2022) 15(2) Italian Labour Law e-Journal 1–16
Abstract: The contribution examines the main implications, for employment relationships, of French and Italian national versions of the EU Digital Covid Certificate, utilized as wide-range measures to foster vaccination. First, the Author provides an overview of related strategies adopted in the two countries from mid-2021, and limiting access to workplaces. Furthermore, through a comparative legal analysis aimed to discuss if, in the labour context, French and Italian certificates can be framed as statutory prerequisites to carry out a job, as workplace safety measures, or as a hybrid tertium genus, he attempts to let emerge similarities and differences between the two national strategies. Finally, the last part of the contribution focuses on Italy. It examines more in detail the possible legacy of such exceptional measures to contrast the pandemic, emphasizing the risk of a heterogenesis of purposes.

Baldini, Vicenzo, ‘Health Emergency Management. A Legal Analysis of the Italian Experience’ (2020) 2(2) Humanities and Rights Global Network Journal 117–146
Abstract: The state of emergency that is being experienced has generated a sort of dynamic disorder of complex systematic re-elaboration within the framework of the legal system of the state. We appreciate a permanent tension between the rule of law and the discipline of emergency which manages to find a problematic landing point in the prefiguration of the existence of an emergency legal system, based on a different Grundnorm and parallel to the one that sustains the whole establishment of the legal system of the sources of the state legal order. :

Bartolucci, Luca and Luigi Gianniti, ‘The Italian Legislative Procedure During the Pandemic Emergency, the National Recovery and Resilience Plan and the Reform of Parliamentary Rules of Procedure’ (2022) 2(2) International Journal of Parliamentary Studies 295–303
Abstract: The paper analyzes the Italian legislative procedure during the pandemic, as well as its deterioration and some of the practices that characterized it. Furthermore, it takes into consideration the legislative procedure envisaged in the Italian National Recovery and Resilience Plan and some possible reforms of parliamentary rules of procedure.

Becucci, Stefano, ‘The COVID-19 PandemicCovid-19 Pandemic in Italy: The Effects on Society and CrimeCrimes’ in Dina Siegel, Aleksandras Dobryninas and Stefano Becucci (eds), Covid-19, Society and Crime in Europe (Springer, 2022) 141–158
Abstract: The chapter analyses the effects of the pandemic on Italian society and crime. During the first wave the society reacted to the new virus with a common sentiment of unity, which however led to forms of social intolerance against those who did not respect the new lockdown rules. With the second wave, this common feeling was replaced with protests against the government and the measures to contain the spread of the virus. The Covid-19 pandemic and the ‘stay at home order’ resulted in a general reduction in crime, with the biggest decrease seen in predatory crime, while the only crimes that increased were computer crime and femicides. In addition, lockdown measures caused a severe economic crisis. Many signs indicate that Italian mafia organizations will benefit from the economic crisis being faced by thousands of small firms and shopkeepers.

Bella, Flaminia Aperio, Cristiana Lauri and Giorgio Capra, ‘The Role Of COVID-19 Soft Law Measures In Italy: Much Ado About Nothing?’ [2021] European Journal of Risk Regulation (advance article, published 9 February 2021)
Abstract: This article reflects on the role played by non-binding legal instruments in Italy when it faced the challenge of the SARS-CoV-2 virus in the early months of 2020. In order to verify whether the use of such instruments restricted fundamental and human rights beyond constitutional and legal limits, the article first gives an overview of hard law measures adopted in Italy in the fight against the coronavirus. The article will then focus on soft law measures, the use of which became significant only in Phase II of Italy’s response to COVID-19. Non-binding legal instruments have provided the public with instructions on how to gradually return to normal life. The article contains two case studies; the first one on soft law measures adopted within the freedom of private economic enterprise; and the second on measures adopted in relation to the freedom of worship. The Italian soft law deployed during the COVID-19 epidemic must be regarded as borne out of coordination between the State and the Regions and as the result of a dialogue (even though informal) with the relevant stakeholders concerned. Despite some criticism levelled against the use of soft law measures, their role in restricting constitutionally granted rights was marginal, because only hard law measures adopted at the State and local levels limited personal rights and freedoms in order to contain the pandemic. :

Bellucci, L, ‘State of Exception, Media, Vagueness, and COVID-19: Looking at the Indeterminacy of Pandemic Law through the Italian and Hungarian Experiences’ in Gergely Gosztonyi and Elena Lazar (eds), Media Regulation during the COVID-19 Pandemic: A Study from Central and Eastern Europe (Ethics Press, 2023) 138-155
Abstract: This chapter moves from Italian legal philosophers’ thoughts on the indeterminacy of Italian law during the emergency phase of the COVID-19 pandemic, in particular the considerations that uncertainty is, to some extent, part of the physiology of law and can therefore constitute a constructive element of flexibility in times of pandemic, but it should be recognized that cases of pathological uncertainty exist and that indeterminacy leads to forms of self-restraint that one can also depict using the expression ‘self-censorship’. This chapter argues that an example of a provision adopted during the pandemic that seems to go beyond the physiology of law and induce forms of self-censorship is the Hungarian measure providing that anyone who ‘distorts’ or publishes ‘false’ information on the pandemic can be punished with five years in jail, whose vague expressions produce indeterminacy. The indeterminacy of this measure is reinforced by the indeterminacy of the context in which it was adopted, consisting of both the legal framework within which it is enacted and the pre-pandemic Hungarian media law.

Bisom-Rapp, Susan and Marco Peruzzi, ‘Regulatory Choices and Legal Disputes in the Fight Against COVID-19 Infections in the Workplace: A Comparison of Vaccine Mandates in the Italian and US Contexts’ in Tindara Addabbo et al (eds), Work Beyond the Pandemic: Towards a Human-Centred Recovery (Springer, 2024) 211–229
Abstract: This is a comparative study of two countries’ legal and policy actions to stem the spread of COVID-19 in the workplace, focusing on Italy and the United States (US). Both nations sustained great loss of life and high infection rates during the first years of the pandemic. This chapter examines how Italy and the US approached COVID-19 vaccine mandates for workers. Of particular interest are the regulatory choices made, including the choice not to regulate, and the consequences of those choices on the employment relationship. Additionally revealing are the legal grounds upon which regulatory actions were challenged, and how courts balanced the interests at stake. Finally, the way in which the debates over workplace vaccine mandates were framed illuminate national culture and the extent to which each country views labor rights as human rights. To provide context for these insights, this chapter examines convergence and divergence in the two countries’ initial responses to the global health emergency presented by COVID-19, and the way in which workplace vaccine mandates were initially embraced.

Bolcato, Matteo et al, ‘Take-Home Messages from the COVID-19 Pandemic: Strengths and Pitfalls of the Italian National Health Service from a Medico-Legal Point of View’ (2021) 9(17) Healthcare 1–13
Abstract: The World Health Organization (WHO) declared the outbreak of the Coronavirus disease-2019 (COVID-19) infection a pandemic on 11 March 2020. As of the end of October 2020, there were 50 million cases of infection and over one million deaths recorded worldwide, over 45,000 of which occurred in Italy. In Italy, the demand for intensive care over the course of this pandemic crisis has been exceptionally high, resulting in a severe imbalance between the demand for and availability of the necessary resources. This paper focuses on elements of preventive medicine and medical treatments in emergency and non-emergency situations which, based on the international scientific literature, may prove to be useful to physicians on a behavioral level and avert professional liability problems. In order to achieve this objective, we have performed a search on MEDLINE to find published articles related to the risks associated with the pandemic that contain useful suggestions and strategies for mitigating risks and protecting the safety of the population. The results have been collocated in line with these specific study areas. :

Bonizzoni, Paola and Senyo Dotsey, ‘Migration and Legal Precarity in the Time of Pandemic: Qualitative Research on the Italian Case’ [2021] (54) Dve domovini / Two Homelands 117–129
Abstract: The Covid-19 pandemic has unequally affected the lives of Italians. The article is based on data from 47 semi-structured interviews with different groups of migrants. These show how temporary solutions built into the Italian migration management system affect both the uncertain legal status of migrants and their access to social protection. Although migrants with a regulated legal status or citizenship do not have much to do with the Italian bureaucracy, they still do not have easy access to social welfare, which depends on their employment and financial status. Precarious migrants were most affected by the secondary effects of the pandemic. The authors’ findings are important both for migration management policy and for future research. :

Borselli, Angelo and Ignacio Farrando, ‘Corporate Law Rules in Emergency Times Across Europe’ (Bocconi Legal Studies Research Paper No 3759202, 23 September 2020)
Abstract: This paper explores corporate law rules adopted in some European states amidst the COVID-19 pandemic, in order to track the major reform trends and consider how corporate law in Europe has adjusted to the emergency. The analysis focuses primarily on the U.K., Germany, France, Italy and Spain; occasionally, depending also on the relevant rules actually introduced by the states, other systems are considered as well.The paper groups the emergency measures into three main categories that include rules aimed at facilitating shareholders’ meetings and meetings of the board of directors, rules relaxing directors’ duties and liability and giving directors some leeway as companies face unprecedented challenges and uncertainties, and rules designed to support corporate liquidity.The analysis shows that while some points of similarity exist among the emergency rules considered, there are nevertheless numerous differences in their nature, scope, technicalities, and also timing. These differences emphasize a lack of coordination at the European level. The discussion also sheds light on the potential of some emergency measures to call traditional corporate law rules into question and last in what will be the new normal after the crisis. :

Boschetti, Barbara and Maria Daniela Poli, ‘The Pandemic Curvature of Democratic Space/Time. A Legal Perspective.’ in DP Palan (ed), State of Emergency: Italian Democracy in Times of Pandemic (Vita e Pensiero, 2022)
Abstract: The paper outlines if and how the pandemic contributed to the curvature of the democratic space/time. The entire legal toolbox was deployed and shaped to counter the pandemic’s many impacts: not only regulatory strategies and decision-making processes, but also governance and even the legal lexicon. The short distance travelled in the journey towards recovery and resilience - which per se is a pandemic output - has already revealed the goal-oriented and performative face of the new NRRP/dedicated governance and regulatory framework, which seems able to temper the future and the risks it brings. It also paves the way to longer journeys, including the big transitions of our time - environmental and digital transitions, but also cultural and social ones - together with their transformative potential. Democracy is at a crossroad: it has the opportunity to be fit for the future (future-proof), or simply lost in transition(s). In this respect a few lessons emerge from the pandemic.

Bosek, Leszek, ‘Anti-Epidemic Emergency Regimes under Polish Law in Comparative, Historical and Jurisprudential Perspective’ (2021) 28(2) European Journal of Health Law 113–141
Abstract: Abstract The SARS-CoV-2 crisis of 2020 triggered a number of unprecedented reactions of European states, in particular in the form of either constitutional emergency measures or statutory anti-epidemic emergency measures. Poland chose to deal with the crisis by delegating powers to the executive by ordinary legislative means and declared a nationwide state of epidemic emergency on 13 March 2020 and a week later a state of epidemic on the basis of the Act of 5 December 2008 on preventing and combating infections and infectious diseases. For a century, Poland has been dealing with epidemics by delegating powers to the executive by ordinary legislative means. Anti-epidemic emergency measures were developed under the relevant acts of 1919, 1935, 1963, 2001, 2008 and now form an autonomous normative model authorised directly by Article 68 (4) of the Constitution of the Republic of Poland of 2 April 1997. The Constitution of 2 April 1997 authorises also extraordinary measures in situations of particular danger, ‘if ordinary constitutional measures are inadequate’. This article analyses anti-epidemic emergency regimes under Polish law in a comparative, historical and jurisprudential perspective. :

Capano, Giliberto, ‘Policy Design and State Capacity in the COVID-19 Emergency in Italy: If You Are Not Prepared for the (Un)Expected, You Can Be Only What You Already Are’ (2020) 39(3) Policy and Society 326–344
Abstract: Italy was the first large epicentre of the COVID-19 pandemic in the Western world. Since the country has not had any serious experience with this kind of disease in recent decades, its response has been indicative of a first reaction to an (un)known and (un)expected event. At the same time, the Italian experience is an emblematic case of how a lack of specific preparedness measures drives a country to deal with this kind of crisis through a process in which the existing characteristics of the policy and political system, with all their pros and cons, prevail. This means that the existing country characteristics that affects policy design, state capacity, institutional arrangements and political games forge the process and content of the response. Based on this observation, this paper analyses the policy dynamics of the first four months of management of the COVID-19 outbreak in Italy, focusing on how the health and economic responses were designed and implemented. :

Capua, Viviana Di, ‘Rule of Law and Pandemic. The Italian Strategy for Managing COVID-19 Epidemiological Emergency’ (2021) 11(2) The Lawyer Quarterly 217–251
Abstract: The contribution examines the most significant stages of the Italian strategy for managing the Covid-19 epidemiological emergency, through the analysis of the main legislative and administrative acts issued by the Government and by Regional and Local Authorities to face the crisis. The analysis aims to demonstrate that the powers of the competent Authorities have not been exercised in compliance with the principle of loyal collaboration, which inspires the relations between center and periphery. On a practical level, the ordinances issued by the Regional and Local Authorities have imposed more restrictive mitigation measures in their respective territories, overlapping the provisions of the Central Government and compromising the unitary strategy for managing the crisis. :

Carlotti, Sebastian, ‘Migration Policy and Health Insecurity. Italy’s Response to COVID-19 and the Impact of the Security Decree’ [2020] (2) _Rivista Trimestrale di Scienza dell’Amministrazione_
Abstract: The recent reform of the Italian immigration policy produced a major impact on the health protection available to migrants against the COVID-19 virus. In 2018, the Security Decree determined a deep transformation of the reception system and of the services provided to migrants. As a consequence of these developments, migrants and asylum seekers are now among the most vulnerable subjects to the Coronavirus and receive only limited support from the State. Due to their status, undocumented migrants are generally forced to live in unhealthy and overcrowded spaces. Without the required legal documents, these migrants experience a severe limitation in the healthcare services they can access. Over the last years, as a result of restrictive migration policies, the number of undocumented migrants has significantly increased and has become a potential breeding ground for COVID-19. This article analyses the repercussion of the Security Decree in relation to the outbreak of the Coronavirus. Successively, this work provides an outline of the general situation faced by migrants in Italy and the institutional causes which might facilitate the spread of the Coronavirus in migrant communities. Finally, the regularization programme, as introduced by the Decreto Rilancio, will be the object of an early critical comment and of a discussion on its efficiency against the COVID-19 virus. :

Cerchia, RE and Barbara Vari, ‘Online Legal Education in Italy’ (SSRN Scholarly Paper No 4184757, 8 August 2022)
Abstract: This report commences with a brief outline of the Italian framework for legal education and access to legal professions, followed by an overview of information and communication technologies, before finally focusing on online legal education in Italy both prior to the COVID-19 pandemic and after the first lockdown. The paper encompasses both university legal education and continuing legal education required of lawyers and describes some significant MOCCs experiences. Before the pandemic, e-learning experiences carried out by the universities (more developed in other disciplinary fields) were still limited, except for ‘telematic universities’, specifically designed according to an e-learning model, whose educational offerings and quality, however, were considered inadequate. Nonetheless, the pandemic (still underway) has accelerated a process that had already begun. The debate regarding online education has emerged from the niches, acquiring greater centrality and renewing enthusiasm, but also raising concerns related to online education. The paper discusses both the achievements and the challenges faced by ‘traditional’ Italian universities. The analysis is carried out taking into consideration the regulatory context, the characteristics of the university system, of law schools and their teaching staff.

Cioffi, Andrea, ‘COVID-19 and the Release of Mafia Bosses: The Importance of Medico-Legal Evaluations’ (2020) 60(3) Medicine, Science and the Law 239–240
Abstract: Reproduces a letter discussing Italy’s rule that, during the coronavirus pandemic, prisoners with less than 18 months of their sentence remaining should serve it at home under house arrest. Notes the release of leading Mafia figures and suggests the need for medico-legal evaluations before release.

Civitarese Matteucci, Stefano, ‘Italy - The Italian Response to Coronavirus Was Constitutionally Legitimate: Was It Suitable as Well?’ [2020] (October) Public Law 796–798
Abstract: Assesses whether the measures introduced by Italy in response to the coronavirus pandemic were constitutionally justified. Examines whether such Governmental powers were legitimate, the considerations of necessity and urgency, and the proportionality test. Discusses the limited role of Parliament, the confusing level of regulations issued, the tentative nature of some decisions and whether creeping privatisation of health services is likely.

Coglianese, Cary and Neysun A Mahboubi, ‘Administrative Law in a Time of Crisis: Comparing National Responses to COVID-19’ (2021) 73(1) Administrative Law Review 1
Abstract: Beginning in early 2020, countries around the world successively and then together faced the same rapidly emerging threats from the COVID-19 virus. The shared experience of this global pandemic affords scholars and policymakers a comparative lens through which to view how differences in countries’ governance structures and administrative responses affected their ability to manage the various crisis posed by the pandemic. This article introduces a special series of essays in the Administrative Law Review written by leading administrative law experts across the globe. Case studies focus on China, Chile, Germany, Italy, New Zealand, South Africa, and the United States, as well as the World Health Organization. Although the pandemic and its consequences remain ongoing problems, this issue seeks to elucidate the regulatory challenges that countries have faced in common, and to compare approaches and distill lessons that might be transferrable across jurisdictions. From the essays in this special issue emerge at least four key lessons. First, it is clear that a global pandemic demands effective national and local governance. Second, regulations must be adaptable and responsive in the face of fast-moving public health threats. Third, emergency executive powers must be limited and subject to oversight and sunsetting. Finally, as much as administrative law can affect countries’ ability to craft effective responses to public health emergencies, responsible public leadership undoubtedly matters most of all. These four lessons can help guide efforts by lawmakers and policy advisors to prepare more nimble and effective regulatory approaches to respond to viral outbreaks and other public health threats. Even when the current global pandemic eventually recedes, the Administrative Law Review’s special issue on national responses to the COVID-19 crisis can provide a basis for reflection and renewed momentum toward strengthening international public health institutions and regulatory cooperation around the world.

Conzutti, Andrea, ‘A Trial Vaccine to Combat COVID-19? The First Historical Case of Suspension of a Law by the Constitutional Court’ [2021] (3) Le Regioni 600–618
Abstract: The essay focuses on the recent order of the Constitutional Court, n. 4 of 2021, with which for the first time a contested law was suspended. In particular, the urgency of the pandemic crisis required a prompt response from the Constitutional Justice Body, which could not wait for the usual procedural deadlines. For this reason, the Constitutional Judges faced this exceptional situation by resorting to the equally exceptional institute of the suspension. We have thus witnessed a test of judicial efficiency, which has led in a very short time to the release of a conservative measure, suitable to avoid, in the meantime, a serious violation of the constitutional division of legislative competences between the State and the Regions.

Cooney, Sean et al, ‘OSH and the COVID-19 Pandemic: A Legal Analysis’ (Northeastern University School of Law Research Paper No 434, 26 April 2023)
Abstract: This study provides an analysis of how occupational safety and health (OSH) regulation responded to the circumstances of key workers during the COVID-19 pandemic. It explains the objectives of OSH regulation, including its main elements and how it has evolved over time. It draws from national country studies from Africa (Rwanda); Asia (China, Japan, Republic of Korea); Europe (Italy, Spain, United Kingdom); North America (United States) and South America (Brazil, Colombia) to explain how different jurisdictions address safety and health in their regulatory frameworks and how these frameworks operate in practice, including during the COVID-19 pandemic.

Corradetti, Claudio and Oreste Pollicino, ‘The “War” Against Covid-19: State of Exception, State of Siege, or (Constitutional) Emergency Powers?: The Italian Case in Comparative Perspective’ (2021) 22(6) German Law Journal 1060–1071
Abstract: Is the Covid-19 pandemic changing the constitutional-power structures of our democracies? Is this centennial public health emergency irreversibly constraining our liberties? The paper examines recent state-measures of containment during the initial phase of spread of the Covid-19 crisis. It compares primarily the Italian scenario with the Chinese and the American one. It asks whether the measures adopted particularly in the Italian case (known as DPCMs) amount to a state of exception or to a use of emergency powers. Cognizant of the authoritarian risks in severed enjoyments of constitutional rights, the authors conclude that this is not what occurred in the case of solid democracies. At the level of governmental analysis, the ‘decree’ strategy of the Italian DPCMs allude to paternalistic forms of power-exercise that empty the self-determining prerogative of the parliament.

Corrado, Alessandra and Letizia Palumbo, ‘Essential Farmworkers and the Pandemic Crisis: Migrant Labour Conditions, and Legal and Political Responses in Italy and Spain’ in Anna Triandafyllidou (ed), Migration and Pandemics: Spaces of Solidarity and Spaces of Exception (Springer International Publishing, 2022) 145–166
Abstract: The agri-food system across Europe relies heavily on migrant labour. Border lockdowns during the Covid-19 pandemic immobilised thousands of foreign farmworkers, giving rise to fears of labour shortages and food production losses in EU countries. Farmers’ organisations sought institutional interventions to address this labour demand. Although migrant workers have become a fundamental component of core sectors in recent decades, it is only in the current health emergency that they were recognised as ‘essential’ workers. The chapter analyses the working conditions of migrant farmworkers alongside national debates and institutional interventions in Italy and Spain during the pandemic. It provides a critical comparative analysis of legal and policy interventions to address migrants’ situations of vulnerability. Both countries depend on important contingents of EU and non-EU migrant farmworkers, especially in fruit and vegetable production; moreover, they present common aspects in supply chain dynamics and labour market policies, but also specific differences in labour, migration and social policies. Both adopted measures to face the condition of irregularity of migrant workers in order to respond to labour demand in the agri-food sector and to provide these workers with safe working and living conditions during the pandemic. However, these interventions reveal shortcomings that significantly limit their impact and outcomes, calling into question to what extent migrant workers are really considered as ‘essential’ in a long-term perspective and, therefore, to what extent the current pandemic constitutes an opportunity for a new push to enforce labour and migrant rights.

Delbon, Paola et al, ‘COVID-19 Vaccination in Nursing Homes: Considerations on Freedom to Make Decisions and Legal Protection Measures’ [2022] Journal of Gerontology and Geriatrics (advance article, published online 31 May 2022)
Abstract: In the most vulnerable people, especially among the elderly, the COVID-19 pandemic has brought to light complex ethical issues such as consent to receive health care, the relationship between risks and benefits of therapies, the choices to be made during the most serious phases of the disease and family relationships have been made extreme and heavily emphasized by the pandemic. The article analyzes the ethical and legal aspects of the problem of reconciling respect for the individual’s right to make their own decisions and the need to protect the most vulnerable and fragile sections of the population (the dilemma between the principle of charity and respect for autonomy), with all the related communication, procedural and legal problems relating to Informed Consent. The exceptional circumstances of the pandemic have prompted lawmakers to tackle the complex and long-neglected issue of the consent of vulnerable, generally elderly, individuals. In many contexts, from home to hospital to nursing home, patient involvement in decision making, the role of the family, and procedures for defining competencies above and beyond diagnostic categories, continue to be largely left behind. part in the hands of the health care workers or team. The methods chosen to obtain consent to vaccination, together with the provisions of the Law of 22 December 2017 on the role of the trustee, pave the way for more appropriate operating methods for daily clinical practice in the field.

Delledonne, Giacomo, ‘Executives During the COVID-19 Pandemic: Contradictory Trends’ in Kostas Chrysogonos and Anna Tsiftsoglou (eds), Democracy after Covid: Challenges in Europe and Beyond (Springer, 2022) 47–59
Abstract: This chapter focuses on how the executives have adapted to the pandemic challenge since March 2020. To do so, it develops a comparative analysis of the role of the executives in facing the COVID-19 pandemic in three selected European jurisdictions, namely, Belgium, Germany, and Italy. An underlying assumption in this chapter is that executives, more or less inevitably, are crucial actors in major crises; still, it remains to be seen how these very crises impact on their structure and functioning.

Domenici, Irene and Franciska Engeser, ‘The Institutional Tragedy of Pandemic Triage Regulation in Italy and Germany’ [2022] European Journal of Health Law (Advance article, published online 4 March 2022)
Abstract: This article adopts a comparative approach exploring the reactions to the scarcity of resources resulting from the Covid-19 pandemic in Italy and Germany. Both countries showed a fragmented structure including individual hospitals, medical associations and recommendatory interdisciplinary bodies, such as ethics councils. Against this background, the authors use the different constitutional frameworks in which the healthcare systems are embedded to assess the legitimacy of the intervention by non-legislative bodies. It is demonstrated that, in both jurisdictions, a certain level of parliamentary involvement in establishing triage criteria or procedures is constitutionally required, as in situations of extreme scarcity the prioritisation decision cannot be determined by a mere clinical analysis but rather demands a normative choice.

Eichhorst, Werner, Anton Hemerijck and Gemma Scalise, ‘Welfare States, Labor Markets, Social Investment and the Digital Transformation’ (IZA Discussion Paper No 13391, 22 June 2020)
Abstract: Barely having had the time to digest the economic and social aftershocks of the Great Recession, European welfare states are confronted with the even more disruptive coronavirus pandemic as probably, threatening the life of the more vulnerable, while incurring job losses for many as the consequence of the temporal ‘freezing of the economy’ by lockdown measures. Befor the Covid-19 virus struck, the new face of the digital transformation and the rise of the ‘platform’ economy already raised existential questions for future welfare provision. The Great Lockdown - if anything - is bound to accelerate these trends. Greater automation will reinforce working from home to reduce Covid-19 virus transmission risks. At the same time, the Great Lockdown will reinforce inequality, as the poor find it more difficult to work from home, while low-paid workers in essential service in health care, supermarket retail, postal services, security and waste disposal, continue to face contagion risks. And although popular conjectures of ‘jobless growth’ and ‘routine-biased’ job polarization, driven by digitization and artificial intelligence, may still be overblown, intrusive change in the nature of work and employment relations require fundamental rethinking of extant labour market regulation and social protection. Inspired more by adverse family demography than technological change, social investment reform has been the fil rouge of welfare recalibration since the turn of the century. Is social investment reform still valid in the new era of ‘disruptive’ technological transformation in aftermath of Coronavirus pandemic that is likely to turn into the worst recession since the second world war? Empirically, this chapter explores how Germany, Italy and the Netherlands, in terms of the strengths and vulnerabilities of their labour market to digitization, together with their respective social investment aptitude, are currently preparing their welfare states for the intensification of technological change in the decade ahead.

Elisabetta, Silvestri, ‘Italy and COVID-19: Notes on the Impact of the Pandemic on the Administration of Justice’ (2020) 3(7) Issue 2-3/2020 148–155
Abstract: The COVID-19 pandemic has forced governments around the world to adopt special measures to limit the spread of the contagion. In the field of the administration of justice, social distancing and other health safety measures have brought about alternatives to the normal management of judicial business. This essay presents an overview of the solutions devised by the Italian authorities to handle civil disputes in the time of COVID-19.

Falletti, Elena, ‘Is Form Substance? Some Considerations on the Management of the COVID-19 Emergency in Italy’ (SSRN Scholarly Paper No ID 3554515, Social Science Research Network, 15 March 2020)
Abstract: In this short contribution we recall and analyze the administrative and legislative actions enacted in Italy to contain the spread of COVID-19, up to the country’s lockdown, under the light of the constitutional guarantees.

Falletti, Elena, ‘Privacy Protection, Big Data Gathering and Public Health Issues: COVID-19 Tracking App Use in Italy’ (SSRN Scholarly Paper No ID 3758800, 2 January 2021)
Abstract: The COVID-19 global outbreak showed that big data gathering is an issue of international and national public health. According to comparative experience carried out especially in Taiwan, Hong Kong and South Korea contagion containment action should take place through the coordinated use of tests and tracking of infected contacts. From the end of March 2020, the Italian authorities started to prepare preparations for non-pharmaceutical interventions in order to be able to reactivate economic life and prevent the spread of COVID-19 in the country.From this perspective, the massive collection of personal data related to COVID-19 could present a possible opportunity for the elaboration of predictive models, especially after an open discussion involving experts and public opinion about the effectiveness of the enforcement of AI models. The main challenge here was to persuade people to download and use the app, showing trust in public policies and strategies planned by the Italian Government against the COVID-19 outbreak.In order to collect massive personal data according to the relevant constitutional and legal provisions, the Italian Government promoted a Law-decree No. 28/2020 regarding urgent measures for the introduction of a national COVID-19 alert system. It was called ‘Immuni’. This regulation disciplines the collection and management of big data through a black box. Regarding privacy protection, this law establishes some guarantees for users, and for this purpose any person, on a voluntary basis, can download a special software application, respecting the transparency principle and providing the proper information regarding the legal framework of this data collection.According to the Italian government, privacy protection, individual consent, and local data management were considered preferable to mandatory traceability and centralised management of the same data. However, first empirical analysis underlined that Italian people did not seem confident in the Immuni app since only 10 million people (over 60 million people of Italian population) downloaded it. Some questions about its public dissemination among citizens could emerge.

di Fazio, N et al, ‘Italian Law No. 1/2021 on the Subject of Vaccination against Covid-19 in People with Mental Disabilities within the Nursing Homes’ (2021) 172(5) La Clinica terapeutica 414–419
Abstract: The Coronavirus Disease-19 (Covid-19) pandemic, in the last year, has resulted in a significant number of infections and deaths among nursing homes’ residents. This phenomenon has set up the necessity to subject these patients, often suffering from mental disabilities to a vaccination against Covid-19. However, vaccination has long been the subject of public atten-tion, being regulated differently in many European countries. In Italy, the Ministry of Health has given priority, vaccination-wise, to health facilities’ patients. The government has regulated through-law no. 1 of January 5, 2021, art. 5, the manifestation of consent to be Covid-19 vac-cinated in incapacitated subjects admitted to assisted health facilities. This rule arose from the need to protect fragile individuals as well as providing real dispositions for the involved health professionals. Nursing homes’ elderly guests could be divided into four catego-ries: a) subjects capable to express their will (affected by physical problems); b) subjects who, due to varying degrees of incapacitation, have their own legal guardian, curator or support administrator, ap-pointed in accordance with the law; c) incapacitated subjects without legal representatives d) subjects who, pursuant to law no. 219/2017, have appointed their own trustee. This paper provides for a clear exemplification of all the possible scenarios identified by the Italian law no.1/2021.

Fedeli, Piergiorgio et al, ‘Legal and Ethical Issues Regarding Minors in the Italian Coronavirus Flu Emergency’ (2021) 9 Frontiers in Pediatrics Article 544461
Abstract: On February 21, 2020, Italy became one of the countries hit by an epidemic of the new coronavirus that causes ‘severe acute respiratory syndrome coronavirus 2’ (SARS-CoV-2). Even a month before that, however, the Italian government began issuing a series of decrees and ordinances aimed at the containment of the virus in Italy, the first of them on January 25, 2020. The COVID 19 infection has been faced as an epidemic through measures to enforce a high degree of isolation. These regulations hold for minors, as well, with consequent difficulties for this age group. While at the moment young people appear to be the least vulnerable to the severe complications of COVID 19, the psychological problems that may be brought on by pandemic-related restrictions should be taken into serious consideration.

Feliziani, Chiara, Ilde Forgione and Viviana Di Capua, ‘Judicial Review and Restrictive Measures. How Has the Intensity and Scope of Judicial Review Changed During COVID-19 in Italy?’ (2021) 1(1–3) Legal Policy and Pandemics: The Journal of the Global Pandemic Network 287–296
Abstract: The article aims to analyse how the intensity and scope of judicial review has changed during COVID-19 pandemic. In doing this, the analysis will start from a brief critical review of the main legislative and administrative acts issued by the Italian Government to face the crisis. Then, the contribution will focus on the most relevant judicial review adopted during the pandemic to verify the legitimacy of the Regional and Municipal emergency acts which contain restrictive measures.

Franciosi, Laura, ‘Covid-19 and the Italian Legal System’ (2023) 15(1) Journal of Civil Law Studies 365–391
Abstract: COVID-19 hit Italy with particular violence. Then spreading around Europe and worldwide, the virus raised unprecedented issues requiring the implementation of urgent measures to prevent its propagation. This Article focuses on selected topics of the Italian civil law particularly affected by the rise of COVID-19 and tries to provide brief comparative remarks. Namely, after summarizing the most important events that occurred in Italy––originating from the discovery of the first Italian case of COVID-19 in Codogno––it outlines relevant social and legal scenarios. This Article also concentrates on commercial lease contracts, and subsequently addresses the legal implications of vaccination, with reference to the consent of incapacitated persons.

Frediani, Emiliano, ‘The Administrative Precautionary Approach at the Time of Covid-19: The Law of Uncertain Science and the Italian Answer to Emergency’ (2021) 17(3) Utrecht Law Review 6–17
Abstract: The health emergency linked to Covid-19 brought to the fore the problem of the usefulness and correct application of the precautionary principle. In the paper proposed for the call, the topic will be analyzed starting from the foundations of the precautionary principle, to see consequently how it must be ‘handled’ in practice when the Administration (in the Italian fight against the pandemic, the Government, but also the Regions) is called to decide in contexts of health crisis. Particular attention will be paid, just from the beginning, to the relationship between science and Public Administration, in order to demonstrate how the precautionary approach represents a ‘rule of action’ for the public decision-maker when there is no full scientific certainty. In this perspective, the analysis will be developed starting from the definition of a general context: that one represented by the so-called ‘irreducible uncertainty.’ This premise will be the starting point to define a law of uncertain science,’ which ‘follows’ the facts and is characterized for its flexibility. The problem will then be reported to the administrative decisions, called in emergency times to be ‘adaptive’ and reviewable. The reflection on precaution ‘in action’ will have the Italian case as an observation ‘laboratory.’ In this perspective, the investigation will be conducted by looking at the ‘answer’ of the Italian legal system to the emergency related to Covid-19. This will lead to see if the precautionary approach has been taken seriously by the Italian Administration and, subsequently, what characters have taken the measures to fight against the spread of the Coronavirus outbreak. In conclusion, it will be necessary to understand whether the ‘postulates’ of precaution ‘in the books’ have been translated into an adequate precaution ‘in action.’ In other terms, the attention will be focused on two different aspects: the first related to the ‘time’ of the action; the second to the content of the measures taken to fight against the spread of the virus. This will allow us to understand if the Italian Government acted promptly (in compliance with the precautionary approach) and what was the decision-making process that brought to these measures.

Gambacciani, Paolo, Andrea Pedrazzani and Luca Pinto, ‘Waving the Same Flag? Government Legislation and Obstructionism during the COVID-19 Crisis in Italy’ [2025] Italian Political Science Review / Rivista Italiana di Scienza Politica (advance article, published online 3 January 2025)
Abstract: This study examines the amendatory activities of the majority and opposition parties in the Italian 18th legislature (2018–2022) in response to the COVID-19 pandemic crisis. Following the rally around the flag hypothesis, we test whether both sides exhibited similar legislative behaviour during emergencies. We exploit an original database covering amendments tabled by Italian legislators on bills converting decree-laws. Results reveal that the COVID-19 pandemic affected amendment activities without aligning majority and opposition behaviours. In other words, the opposition did not pull in the same direction of the government legislation. This can be explained by contingent factors and pre-existing party polarization.

Ganarin, Manuel, ‘Canon Law under the Test of the Pandemic. Critical Issues and Opportunities’ in Serving out of Love: Theory and Practice in Social Teaching of the Catholic Church (Szent István Társulat, 2023) 298–304
Abstract: In light of the decrees of the President of the Council of Ministers to address and contain the spread of Covid-19, the Catholic Church in Italy has cooperated with civil authorities to prevent ecclesial gathering activities that could increase the risk of transmission of the infection. The article aims to carry out an exploration and evaluation of the different measures adopted by the ecclesiastical authorities – Holy See, Italian Episcopal Conference, regional Episcopal Conferences, diocesan Bishops – in light of the intrinsic elasticity of the ius Ecclesiae, structurally capable of designing adequate solutions to avoid crowds of people, also ensuring full freedom in the exercise of the saving mission of the Church, which is expressed above all in the liturgy and the sacraments.

Ganarin, Manuel, ‘Specific Application and Potential of Canon Law during the Pandemic in Italy’ (2021) 61(121) Ius Canonicum 199–243
Abstract: In light of the decrees issued by the President of the Council of Ministers to combat and contain the spread of Covid-19, the Catholic Church in Italy worked with the civil authorities to ensure that gatherings in church settings would not increase the risk of infection. The purpose of this paper is to provide an in-depth analysis and assessment of the measures taken by ecclesiastical authorities – the Holy See, Italian Episcopal Conference, Regional Episcopal Conferences, Diocesan Bishops – within the intrinsically flexible framework of ius Ecclesiae, enabling solutions that would avoid gatherings while also ensuring full freedom to enact the salvific mission of the Church, which is expressed above all in the liturgy and the sacraments.

Gesley, Jenny, ‘Regulating Electronic Means to Fight the Spread of COVID-19’ (Law Library of Congress Legal Report, June 2020)
Note: This page includes a comparative summary, and links to the full report and a COVID-19 Contact Tracing Apps world map. Extract from Introduction: This report surveys the regulation of electronic means to fight the spread of COVID-19 in 23 jurisdictions around the globe: Argentina, Australia, Brazil, China, England, France, Iceland, India, Iran, Israel, Italy, Japan, Mexico, Norway, Portugal, the Russian Federation, South Africa, South Korea, Spain, Taiwan, Turkey, the United Arab Emirates, and the European Union (EU).

Giacomelli, Luca and Elisabetta Lamarque, ‘The Italian Constitutional Court and the Pandemic’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: Never before have the world’s democracies simultaneously experienced such a major contraction of civil liberties as during the ‘new’ coronavirus pandemic, producing massive debates about the role of government power during times of crisis. This essay focuses on the response provided by constitutional courts to face the emergency. The attitude of the Italian court can be effectively summarized by the following key words: continuity, loyal cooperation, autonomy, step-by-step approach, working methods. From a comparative perspective, the reaction of many other national and supranational courts was not so different and inspired by the same criteria.

Gibellino, Elisa and Federica Cristani, ‘First 100 Days of Italian COVID-19 Policy: A New Image for Democracy, Security, Education, and the Economy in Italy’ in Aleksandar Stojanović, Luisa Scarcella and Christina R Mosalagae (eds), The First 100 Days of Covid-19: Law and Political Economy of the Global Policy Response (Springer Nature, 2023) 121–144
Abstract: Italy was the first in Europe which suffered from the outbreak of the Covid-19 pandemic, with around 90,000 estimated victims only in the first 100 days. This Chapter offers on overview of the development of the Italian state of emergency in the first months of the pandemic through the lenses of a variety of themes: policy, democracy, economy, security and education. After the first 100 days of the pandemic, we see (a) new face(s) of Italy, with manifold challenges, ranging from more concerns on the privacy side when it comes to surveillance and security, and new forms of intervention of the state in the national economy. Additionally, major concerns have come along for democracy and constitutionalism, as the Chapter will illustrate in detail.

Gioia-Carabellese, Pierre de and Camilla Della Giustina, ‘The Tragic Choices During the Global Health Emergency: Comparative Economic Law Reflections’ (2022) 28(2) European Public Law 189–202
Abstract: The health emergency sparked off by the spread of the pathogen COVID-19, has led, especially during its first phase, to a situation of scarcity of resources. The problem, in other words, consisted of a disproportion between the demand from individuals who needed to receive emergency care and a situation of limited resources, including health personnel, beds and necessary machinery. Therefore, the multifarious scientific societies have drawn up guidance documents to define access criteria on the basis of the ethical principles developed by Beauchamp and Childress. In light of such a background, the analysis focuses on the legal analysis of the first recommendations adopted in Italy (recommendations and guidelines elaborated first by Italian Society of Anaesthesia, Analgesia, Resuscitation and Intensive Care (SIAARTI) and then amended by SIAARTI Società Italiana Medicina Legale e delle Assicurazioni (SIMLA)). In this scenario, critical issues are identified and later analysed, also in the light of what was decided by the Swiss Academy of Medical Sciences (ASSM), as well as the British counterpart, the National Institute for Health and Care Excellence (NICE). Ultimately, bio-law is at the mercy of a less reputed, yet more strategic, factor: bio-law-and-economics.

Gnes, Matteo, ‘Italian Response to COVID-19’ (2021) 1(1–3) Legal Policy and Pandemics: The Journal of the Global Pandemic Network 135–148
Abstract: The article describes the response of Italy during the first year and half of the COVID-19 pandemic, from its outbreak until Autumn 2021, focusing on the public health measures response. The scope of the article is to describe the public health measures adopted as well as their legal basis and the main legal problems that such measures raised, to identify the mistakes, the administrative problems and the inefficiencies that affected the Italian response. Section I provides a chronicle of the main events, from a legal and administrative perspective, that characterized the Italian response to COVID-19. Section II offers a synthetic picture of the regulatory context in which the measures were adopted, of the new legal environment set up to deal with the pandemic and discusses the main legal problems and issues that characterized the management of the pandemic. The Final Section briefly describes the main legal problems and lessons for the future that the COVID-19 pandemic may provide.

Kamińska, Agnieszka Gloria, ‘Profiles of Potential Unconstitutionality of Legislation Restricting Personal Freedom for the Containment of COVID-19 on the Example of the Italian Republic’ (2022) 27(2) Białostockie Studia Prawnicze 125–145
Abstract: The Sars-CoV–2 pandemic is changing the main issues of Italian constitutional law. The phases of the Italian normative management of the crisis focused on important and extraordinary measures and brought to light some structural problems of the Italian constitutional legal system. More generally the ongoing health crisis is revealing the lack of an articulated emergency framework in the Italian Constitution and questioning whether existing legislative tools are suitable to face contemporary threats. This article aims to analyse the main issues raised by the Italian government’s reaction to the coronavirus: the notion of emergency in Italian constitutional law, the legal forms chosen to fight the virus, the choice of the Italian Government to regulate the emergency by decrees of the President of the Council of Ministers, the role of decree law (‘decreto-legge’), from the emergency and the compression and restriction of fundamental rights to the balance of the fundamental freedoms with the protection of right to health.

Lerouge, Romain, Melisa Diaz Lema and Michela Arnaboldi, ‘The Role Played by Government Communication on the Level of Public Fear in Social Media: An Investigation into the Covid-19 Crisis in Italy’ (2023) 40(2) Government Information Quarterly Article 101798
Abstract: In situations of crisis, governments must acknowledge that communication is a major weapon in their armoury, and can be used to convince the public to accept sometimes stringent measures, while preventing a worsening of the situation by curbing any spread of panic. Theoretically, during a pandemic, fear can be contained at reasonable levels by governments counterbalancing uncertainty with information. However, there is no empirical evidence on how the flow of information during a crisis can influence emotional states among the population. In this process, social media appears to be a valuable tool for governments to observe emotional response in a population. In the light of this and within the context of the Italian government’s social media campaign #iorestoacasa (‘I’m staying at home’) launched during the Covid-19 crisis, the current study utilises text analytics to explore the relationship between government and press communication, and the level of fear expressed by citizens through more than 200 thousand #iorestoacasa tweets. The results highlight how the content of the messages evolved in the early part of the outbreak and during the social media campaign. They suggest that in Italy the discussion regarding the efforts made by the European Council to find common solutions for dealing with the emergency has prompted a positive influence on public mood. Conversely, messages about people’s individual vulnerability and the associated sense of an external locus of control correlated positively with levels of fear. This study opens new ways to support government communication during a crisis by monitoring public emotional response through social media.

Magarò, Patrizia et al, ‘University and Covid-19: The Experience of the Academic Community of the Single-Cycle Master’s Degree in Law of the University of Genoa’ (2022) Teaching Public Administration (advance article, published online 31 May 2022)
Abstract: The article focuses on challenges and disruption in the higher education sector in Italy due to COVID-19 pandemic. The study explores the experience of the Single-Cycle Master’s Degree in Law of the University of Genoa, especially taking into account students’ perspective.

Maggiolo, Marcello, ‘Coronavirus and Medical Liability: The Italian Perspective’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: Malpractice cases or public bodies’ liability cases, both originated by Coronavirus, are bound to be discussed in terms of liability for non – pecuniary losses and of medical liability. The essay outlines the Italian scenario and some possible future development of the relevant law.

Malandrino, Anna, Margherita Paola Poto and Elena Demichelis, ‘The State of Exception and Its Effects on Civil Liberties in Italy During the COVID-19 Crisis’ in Nadav Morag (ed), Impacts of the Covid-19 Pandemic (Wiley, 2022) 99–119
Abstract: The ongoing global pandemic represents an unprecedented challenge for contemporary political systems. This chapter focuses on the impacts of the pandemic containment measures and the consequent considerable restrictions to constitutional rights and civil liberties. It defines the essential elements of State of Exception (SoE) both in general and in the Italian context. The chapter explores some of the features that characterize the declaration and implementation of SoE on a global level with a focus on the COVID-19 emergency. It analyzes, respectively, the regulation and implementation of SoE and containment measures in Italy during the COVID-19 pandemic. The chapter explains the effects of SoE and containment measures on civil liberties. It also explains the main critical aspects of SoE in Italy and some implications relevant to both research and policymaking.

Mangione, Gabriella, ‘The COVID-19 Pandemic and Italian Constitutional Law: Some Reflections on the Sources of Law’ in Rainer Arnold and Javier Cremades (eds), Rule of Law and the Challenges Posed by the Pandemic (Springer Nature Switzerland, 2023) 195–204
Abstract: The massive body of legislation adopted during the first few months of the Covid pandemic in order to contain its effects has represented a new, extraordinarily serious and pervasive phenomenon, which has had a profound impact both on fundamental rights and on individuals’ lives, standing in open contradiction to the constitutional order of the sources of law. The paper provides some reflections on the relationship between the pandemic and sources of law.

Maraga, Riccardo, ‘Covid-19 Vaccination and Employment Relationships in Italy. The Vaccination Obligation Pursuant to Law Decree April 1st, 2021, No. 44 and the General Employer’s Duty to Ensure Safety at Work’ (2022) 15(2) Italian Labour Law e-Journal 51–69
Abstract: The paper aims at offering, in the form of a theoretical analysis, an overview regarding the approach adopted by Italian law and Italian case law with reference to the relationship between vaccination against Covid-19 and employment relationship. The analysis starts from the general obligation of the employer to protect employees’ health and safety pursuant to article 2087 of the Italian Civil Code, that makes mandatory for the employer to adopt any measure necessary to protect the health and safety of the employee in the workplace. From this point of view the paper offers an overview of the debate that animated the labour law community immediately after the start of the pandemic, when it emerged the Covid-19 vaccination can be considered a protection measure against the risk of Covid-19 infection. The paper then analysis the specific provisions adopted on this matter by Italian legal system, namely that contained in Law Decree 1st April 2021, no. 44 offering an overview on the contents of the abovementioned law and on the decisions of the judges, after a theoretical and systematic classification of the matter.

Marchetti, Gloria, ‘The Management of the Coronavirus Emergency by the Italian Government and the Relationship between State and Regions’ (2021) 7(2) Athens Journal of Law 129–148
Abstract: The essay analyses how the health emergency due to the spread of Covid-19 was handled in Italy. It is aimed at examining: the regulatory framework relating to the management of the pandemic; the role of State and Regions in adopting measures to contain the virus; the coordination between State and Regions to deal with the health emergency. In particular, the aim of the essay is to verify whether the State, in managing the pandemic, has respected the constitutional principles that underpin the Italian regional system.

Marinelli, Francesca and Michela Riminucci, ‘COVID-19 and Gender Gap in Italy and Japan: Can “Pink Quotas” Be the Solution?’ (2022) 15(2) Italian Labour Law e-Journal 71–85
Abstract: Despite the significant improvements in terms of gender equality in recent years, numerous gaps – especially, the one related to the labour market – still persist all over the world also due to the COVID-19 pandemic. The present research intends to discuss whether the controversial gender quota systems – introduced in many countries as a form of positive action to foster a more diverse work environment – could face the crisis in order to avoid the loss of decades’ worth of achievements on equality. We chose to compare Italy – which implemented the quote rosa system in 2011 with mixed results – and Japan – which is reviewing its plan to promote women’s development after failing to achieve its objective of having at least 30% of women in leadership positions by 2020 – because both countries were still far from reaching their goals about gender equality and, therefore, in a vulnerable position when the pandemic hit.

Marmo, Rossella et al, ‘The Response of the Italian Healthcare Facilities to the COVID-19 Pandemic: Analysis of National and Regional Legislation’ in John R Littlewood, Robert J Howlett and Lakhmi C Jain (eds), Sustainability in Energy and Buildings 2021 (Springer, 2022) 79–88
Abstract: Since January 2020 Italy has been countering the COVID-19 pandemic with several measures, including strategies to improve the National Health System’s preparedness to such a threat. The paper aims to analyse response plans and measures against the COVID-19 pandemic within the Italian healthcare system, at national and regional level. Two objectives have been set: reviewing governmental provisions for territorial and hospital health services rearrangement; reviewing operational responses on the regional scale to address those demands. To collect and review operational responses at the regional level, six Regions have been considered as the field of study, chosen for being a relevant sample of the resident population in North, Middle and South Italy. Comparative analyses have been carried out to outline similarities and differences in managing this difficult healthcare situation. Results show that territorial medicine, particularly epidemiologic service, has been essential in facing the national crisis, but hospitals have been the main actors in addressing COVID-19 needs. Relevant structural, technological and organisational changes were needed to prepare hospitals. The built environment plays a significant role in managing the pandemic response, indeed. Further efforts to develop a novel, resilient and sustainable hospital model are needed. This study contributes to a better understanding of factors influencing current Italian hospitals’ strengths and limitations, shedding light on future design models which can increase resilience in emergency conditions.

Massa, Michele, ‘A General and Constitutional Outline of Italy’s Efforts against COVID-19: With the Best Face On’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: During the COVID-19 pandemic, in Italy no aspect of individual and social life remained untouched, nor did the legal system. Several constitutional problems arose, concerning all the principles which form the core of the republican form of State. After an overview of the COVID-19 outbreak and the main legal tools employed to face it in Italy, some of these problems are surveyed. In brief, at the peak of the emergency, democracy, rights of the human person and regional and local autonomy have been put to the test, but not breached. However, in the aftermath, during the recovery phase, the solidarity and internationalism principles face particularly difficult challenges, in which the destiny of Italy and the European Union are intertwined.

Matteucci, Stefano Civitarese et al, ‘Italy: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2022)
Abstract: The response to the pandemic has not changed the basic constitutional structure of the state, but it has imposed tensions in various areas.

Mezzetti, Luca, ‘Health State of Emergency and Management of the Pandemic: The Italian Experience’ in Rainer Arnold and Javier Cremades (eds), Rule of Law and the Challenges Posed by the Pandemic (Springer Nature Switzerland, 2023) 187–194
Abstract: The Italian Constitution does not contain a section or title specifically dedicated to the regulation of states of emergency or institutional crisis, internal or external, unlike what happens in the cases of the German or Spanish Constitution.

Musiał-Karg, Magdalena and Izabela Kapsa (eds), Elections in Times of a Pandemic: Dilemmas and Challenges: Experiences of the European Countries (Brill, 2024)
Abstract: The COVID-19 pandemic demonstrated that unexpected and unpredictable situations can hinder the conduct of general elections around the world. The book is a comprehensive analysis of the organization of elections during the COVID-19 pandemic. In addition to the theoretical perspective, it familiarizes the public with specific electoral solutions adopted during the pandemic in selected European countries (Italy, Germany, Lithuania, Serbia, Russia, Czech Republic, Estonia, Latvia, Liechtenstein, Poland). The editors believe that this book will bring closer the specific solutions adopted in the considered countries during the COVID-19 pandemic and provide readers with a multi-faceted understanding of elections in emergency situations.

Nicolussi, Andrea, ‘The Pandemic and Change of Circumstances in Italy’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: The contribution is divided into two parts. The first describes the essential lines of the discipline of contingencies (change of circumstances in a broad sense) in Italian law with some comparisons with English common law. In particular, two subdivisions of the subject are presented. The former is the distinction between contingencies that disrupt the exchange covered by the contract in a qualitative sense and contingencies that disrupt the exchange covered by the contract in a quantitative sense. The latter is the distinction between typical contingencies, that is, legally foreseen and disciplined, and atypical contingencies, that is, not governed by the contract or by the law and which can make the equity criterion intervene. After this premise, the author analyses two hypotheses of lease contracts, those for commercial use and those for the residence of university off-site students, which can be considered examples of typical contingencies and atypical contingencies respectively. The Author concludes with a reference to quantitative contingencies with regard to which he takes into consideration the remedies of termination, equitable adjustment and renegotiation.

Nottage, Luke R and Makoto Ibusuki, ‘Comparing Online Legal Education World-Wide: An Overview Before and after the Pandemic’ in Luke R Nottage and Makoto Ibusuki (eds), Comparing Online Legal Education: Past, Present and Future (Intersentia, 2023) [draft chapter]
Abstract: This draft General Report for the October 2022 IACL conference (and for introductory and concluding chapters in a related Intersentia series co-edited book) compares the global development of online legal education before and after the COVID-19 pandemic, particularly in universities but also through professional bodies. As significant background factors, it posits the nature of each jurisdiction’s legal system and profession, resourcing of universities, ICT infrastructure, and evolving pandemic impact. It then compares highlights and lowlights from 13 diverse jurisdictions: eight in the Asia-Pacific region and four elsewhere. The General Report concludes with a discussion of common trends and issues, as well as some intriguing divergences and contingencies, and an overall prognosis given the pros and cons revealed by the pandemic-induced shift towards more online legal education.

Nottage, Luke R and Makoto Ibusuki (eds), Comparing Online Legal Education (Intersentia, 2023)
Link to book page on publisher website
Book summary: This pioneering work by leading comparative lawyers examines developments in online legal education, particularly in universities but also in professional associations, before and especially after the COVID-19 pandemic. The book posits and largely confirms that transformations are linked to the extent and scope of respective legal professions (often, but not always, correlating to common versus civil law traditions), funding and other aspects of university-level education, and information and communications technology infrastructure in each jurisdiction. It charts the dramatic shift to online legal education in almost all jurisdictions even with different levels of COVID-19 infections and deaths, or mobility restrictions imposed by law and/or social norms. It also details how law teachers and students adapted to the challenges and opportunities of new technologies and practices, sometimes benefitting from serendipitous earlier events supporting online legal education, and a considerable ‘reversion to the mean’ as the pandemic has abated. The special reports incorporate extensive empirical data, including surveys on online legal education experiences. They cover 13 jurisdictions across the Asia-Pacific region (Australia, Canada, Brunei, Malaysia, Singapore, Hong Kong, Macao, Japan and Pakistan), Europe and beyond (Croatia, Cyprus, Italy and Seychelles), ranging from micro-states to very large economies, at various stages of economic development and from different legal traditions. Comparing Online Legal Education provides rich resources and lessons for legal academics and professionals, as well as those involved in education policy.

Nucera, Gianfranco Gabriele, ‘The Best Interests of the Child as the Helmsman for State Legislation and Regulatory Measures with an Impact on Children: The Case of COVID-19 Emergency Response’ [2023] (2) Familia 261–277
Abstract: The outbreak of COVID-19 has produced serious consequences on children. The pandemic response has been characterized by a plethora of legal and administrative acts which did not fully consider the interests of children. Within situations like this, the guiding light for the adoption of regulatory measures with an impact on minors should be the principle of the best interests of the child. The paper, through a reconstruction of the legal value of the best interest of the child in international law as well as its substantial and procedural implementation at the domestic level, argues for the importance to fully consider the correct implementation of the principle within the first emergency health responses, taking advantage of the lessons learned in the case of pandemics.

Oliva, A et al, ‘Future Medico-Legal Implications on Obstetrics and Gynaecology Practice in the SARS-CoV-2 Pandemic’ (2021) 33(4) Italian Journal of Gynaecology and Obstetrics 263–274
Abstract: Since February 2020, the Italian National Healthcare System had to mitigate the possibility of Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2) transmission to vulnerable patients. Healthcare professionals rapidly reviewed their workflow to maintain a safe and high standard treatment, but weak scientific evidences and organizational limits resulted in the adoption of heterogeneous measures. Adherence to screening protocols and follow-up programs pregnant women and oncological patients has not been always guaranteed this scenario could evolve in an enormous number of medico-legal actions. This context, showing the weakness of the Italian law No. 24/2017, imposes an urgent reorganization of the legal framework to homogenize the judgements to ‘protect’ healthcare professionals involved in this epochal emergency.

Padula, Carlo and Giacomo Delledonne, ‘Italy: The Impact of the Pandemic Crisis on the Relations between the State and the Regions’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: An analysis of the impact of the COVID-19 pandemic on the Italian constitutional order must focus on the relations between the State and the regions during the crisis. The pandemic crisis was a national one, although it affected Italian regions unequally. Furthermore, healthcare represents the core of regional policies: for this reason, regions almost inevitably came to the forefront during the crisis. This chapter investigates the regional response to the COVID-19 crisis against the background of the relations between the State and the regions. The chapter is divided into three parts. First, it focuses on the most important legal tool during the crisis, the Prime Minister’s decrees, and their impact on the Italian regional model. Second, it focuses on how, in legal terms, the state and regional acts dealing with COVID-19 can coexist. Third, it presents and the measures adopted by the presidents of the regions for this purpose. In doing so, the chapter focuses on three cases: Lombardy, Veneto, and Campania.

Palmieri, Sofia and Tom Goffin, ‘De Jure and De Facto: An Overview on the Italian Measures on Compulsory Vaccination’ [2022] European Journal of Health Law (Advance article, published online 4 March 2022)
Abstract: The outbreak of the Covid-19 pandemic has forced States to take restrictive measures to contain the growing number of infections. Among these measures, after the approval of vaccines by the EMA, the possibility of introducing a compulsory vaccination has become a plausible and attractive prospect. In Italy, Covid-19 compulsory vaccination is implemented by a succession of Decrees concerning specific categories of workers and, only recently, a section of the population with the recent Decree of 7 January, 2022, no. 1. However, if we look back at the most critical restrictions implemented in the country, we realise that a de facto obligation was already in place before establishing a de jure obligation. The following article traces the most important profiles of the vaccination obligation implemented de jure and de facto by the Italian government.

Parodi, Giampaolo, Concetta Locurto and Roberta Bardelle, ‘Urgent Measures to Contrast the COVID-19 Epidemic in Relation to Civil and Criminal Justice’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: The following sections deal with the issues arising from the impact of the legislative measures adopted in Italy during the outbreak of the COVID-19 epidemic in the field of criminal and civil justice. They also contain, in summary, a reference to the constitutional framework on the basis of which the emergency legislation has been enacted. The analysis focuses on the measures adopted both in criminal and civil justice in relation to a first emergency phase, characterized by general postponements of hearings and suspension of procedural time limits, and to a second phase, where the Italian Legislator has foreseen that only specific measures may be adopted locally by the Presidents of the courts, aimed at avoiding gatherings in the courtrooms and close contacts between people.

Passalacqua, Virginia and Lorenzo Grossio, ‘Migrants’ Equal Access to Social Benefits under EU Law: Fragmentation and Exclusion during the Covid-19 Crisis in Italy’ (2023) 19(3) Utrecht Law Review 57–72
Abstract: This paper uses the case of Italy during the Covid-19 pandemic to critically assess the EU legal framework on third-country national migrants’ equal access to social benefits. In Italy, migrants are structurally excluded from core social protections, a situation that during the pandemic led to a worsening of existing patterns of inequality; migrants have been more exposed than citizens to poverty, unemployment, and destitution. The first part of the paper looks for the EU legal root of this situation: it examines the EU legal framework in the migration field, showing that it is affected by fragmentation and inconsistencies. These problems become even more acute at the national level, where the Italian legislature mis-transposed the EU migration directives, thus affecting the use of discretionary clauses therein and severely curtailing migrants’ equal treatment rights. Then, the second part of the paper asks whether adopting a mainstreaming approach to enhance equality could improve the situation of migrants. The paper argues that equality mainstreaming in the migration field shows good potential, while also encountering some structural limits. Therefore, it can hardly be considered a silver bullet against the problem of migrants’ discrimination.

Pera, Alessandra, ‘The Right to Education during the Italian Pandemic. E-Learning and Inequality before the Law’ in Antonio Lavieri and Alessandra Pera (eds), Pandemia in Translation: A Comparative Understanding of European Social Values (Stem Mucchi Editore, 2021) 29–50
Abstract: Since the beginning of 2020 Italy have tried to give specific and rapid answers to the pandemic crisis, even if with strong compressions and limitations of constitutional fundamental rights, which has led to a huge debate among scholars about: the legislative instruments applied, the kind of legislation used, and on the merit of the measures enacted, having regard to their content and their compatibility with the constitutional principles and provisions, their legitimacy, their proportionality and the (un)fair balancing with the fundamental rights compressed and limited under their effects. Mostly, the crucial balancing work has involved, on one side, the right to health in its individual (private health) and collective dimension (public health) and, on the other side, many other fundamental rights, such as freedom of movement, freedom of meeting, right to work, right to education, and so on. Among all these fundamental rights’ limitation, this essay focuses on those affecting the bundle of legal situations protected under articles 33 and 34 of the Italian Constitution, which refer to the right to education and teaching in primary and secondary school. In particular, the analysis briefly focuses on: the pre-existing problems arising from the relevant legislation and the issue of financial resources (§ 2); the measures approved by the Government in the field of schools as well as on online teaching, during the first and the second wave of pandemic (§ 3), with reference to the inequalities highlighted by the digital and socio-economic divide in the territory, also highlighting the problem of the safety of those who use e-learning platforms (§ 4).

Pranka, Darius, ‘Criminal Liability Nuances of Medical Negligence During the COVID-19 Pandemic’ (2022) 15(1) Baltic Journal of Law & Politics 117–140
Abstract: Under normal circumstances, the medical negligence of doctors in most European (continental) states is assessed within the limits of criminal liability under the criminal laws of each state, without exception in the case of COVID-19 or another pandemic. The author raises the question of whether doctors, in the performance of their duties and in the provision of treatment services during the COVID-19 pandemic, deserve any relief from their liability due to errors or negligence in the performance of their duties that have resulted in the consequences of damage to health or life loss of patients. The article provides an analysis of the special laws created for such situations and adopted in Poland and Italy while presenting the shortcomings and advantages of such legal regulation and distinguishing the discussion issues raised by legal scholars and practitioners of the abovementioned states. The author criticises the attempt to adopt a similar legal act in Lithuania and at the same time proposes to discuss the possibility of changing the existing legal regulation and setting limits on the criminal liability of doctors during the COVID-19 pandemic.

Puppo, Federico, Silvia Corradi and Lorenzo Zoppellari, ‘Rhetoric and Argumentation in the Pandemic Legislation: The Italian Case’ in Steve Oswald et al (eds), The Pandemic of Argumentation (Springer International Publishing, 2022) 165–186
Abstract: This chapter examines the argumentative and rhetorical structure of the regulatory techniques used to deal with the SARS-CoV-2 pandemic in Italy. The first part of the chapter aims to clarify the connection between law and rhetoric, in order to provide a framework in which the legislative activity has operated. After analyzing critical aspects of the chosen regulatory tools, we will focus on the three most innovative elements of the pandemic legislation: the frequent use of images, the sporadic presence of sanctions, and the relevant role of experts. In the second part, an analysis of the fundamental traits of visual argumentation will be presented to highlight the fact that the use of images, during the pandemic period, has become a political-normative technique, which is never a neutral tool, but is always subject to interpretation and endowed with a notable rhetorical value. Given the sporadic presence of sanctions, the second section will analyze the argumentative strengthening applied by the legislator in order to promote the obedience of the recipients of the measures. Finally, we will examine the involvement of experts in the justificatory activity of the legislator, and the need for them to acquire legislative legitimacy through a rhetorical-argumentative relationship with citizens.

Rossano, Diego, ‘Reflections on the Italian Emergency Regulation in Support of Businesses’ (2020) 9(1) Law and Economics Yearly Review 112–121
Abstract: This paper aims to analyse the financial measures adopted to support businesses in Italy for dealing with the emergency of Covid-19. Specifically, it advances few solutions to the critical issues of the regulatory measures. The absence of any specific indications by the legislator raises doubts that, should the guarantee be enforced, the credit claimed by SACE S.p.A., as assignor, vis-à-vis the debtor company may enjoy pre-emption according to Article 9 of the Legislative Decree No 123 of 1998.

Sanders, Anne, ‘Video-Hearings in Europe before, during and after the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges.

Scalia, Vincenzo, ‘“Stay Home You Murderer!”: Populist Policing of COVID-19 in Italy’ (2021) 23(3) International Journal of Police Science & Management 242–252
Abstract: Italy was the first European country to experience the impact of COVID-19. In order to deal with the health emergency, in early March 2020, the Italian government enforced strict lockdown measures. The different Italian police forces, the Polizia di Stato, Carabinieri and city police forces (Polizia Municipale), patrolled the streets, ensuring that people stayed at home and non-essential shops remained closed. These police forces received unprecedented support from the public in enforcing lockdown. People were active in their neighbourhoods, taking pictures of alleged violators and reporting them to the police, as well as posting pictures of those violating the rules on social networks. Local administrators encouraged citizens to report lockdown violations and in the case of Rome, introduced an online reporting system. This article focuses on the policing of lockdown in Italy. The article develops the argument that public attitudes, defined as policing from below, combined with policing from above by local administrators, produced a populist policing of the lockdown. Qualitative methodology is used to discuss interviews with police officers and analyse newspaper articles. Populist political forces are hegemonising in Italy, relying on the feelings of insecurity that the virus has embittered. Populist hegemony strongly influenced the policing of problems related to COVID. The lack of community policing or plural policing models within the organisation of Italian police forces, which remain a combination of continental and colonial models, has been decisive in the development of populist policing. The consequence of this is a type of ‘policing on demand’, with the public providing the police with intelligence and demanding enforcement.

Scendoni, Roberto et al, ‘Legal and Ethical Issues around COVID-19 Vaccination Consent in Italian Children from 12 Years of Age’ (2021) 24(Special Issue 1) Business Ethics (in press)
Abstract: In Europe, there are currently two vaccines against COVID-19 recommended by the European Medicines Agency (EMA) for children aged 12 and older: Spikevax (Moderna) and Comirnaty (Pfizer-BioNTech). At the moment, about half of European countries have decided to age 12 as the minimum age for vaccination against COVID-19. In addition to Italy, France, Spain, Austria, Slovenia, Hungary, Czechia, Slovakia, Denmark, Switzerland, Romania, Bulgaria, Lithuania, Latvia and Estonia. Others (Germany, UK, Netherlands, Belgium, Sweden, Finland) recommend vaccination only for children in textual conditions facing COVID-19 or living with frail people. The Italian Medicines Agency (AIFA) has approved the extension of the therapeutic indications for Comirnaty on May 31 and for Spikevax on July 29, 2021. The various scientific societies in Italy (SIPPS, SIP) agreed in favor of vaccinating children from 12 years old. However the problem of informed consent to COVID-19 vaccination in minors is absolutely emerging, in Italy as well as in other countries (Heuerman, 2021). According to national and international conventions, he should be informed, listened to and must participate in the co-decision process regarding medical treatment. Achieving a ‘triple’ medical-parent-child therapeutic alliance is the main goal at this time of the pandemic, but this is not always possible (Morgan, 2021). The main key legal and ethical issues on the matter are represented below.

Senatori, Iacopo and Carla Spinelli, ‘(Re-)Regulating Remote Work in the Post-Pandemic Scenario: Lessons from the Italian Experience’ (2021) 14(1) Italian Labour Law e-Journal 209–260
Abstract: This essay addresses the complex model of regulation of remote work existing in Italy, composed of three distinct schemes: telework, ‘ordinary’ agile work and the special form of agile work temporarily established to tackle the pandemic emergency. It compares the structural and functional features of the three bodies of rules by the systematic analysis of the relevant sources of legal and contractual nature. The aim is to assess the different solutions they envisage for the current problems of remote work, with a view to exploring possible ways to prepare the transition of this form of flexibility in the post-pandemic world of work.

Sessa, Carmelina, ‘Coronavirus and Effects on the Rule of Law’ (2021) 8(1: Covid Special Issue) IALS Student Law Review 47–56
Abstract: In the management of the Coronavirus Pandemic, law is called to play a synergistic role with the science to guarantee the public order and safety. In the European context Italy is to be examined, i.e. the first state in Europe to launch containment measures of the spread of the virus and to protect public health. Through a comparative approach, the purpose here is to examine the assumptions and the impact of the emergency legislation on the Italian democratic system. Evaluating within what limits fundamental human rights and freedoms’ compression can be legitimated on a national and international basis in exceptional events allow to analyse the relative reflections on the rule of law. Finally, the discussion focuses on the compatibility of using mass surveillance technologies on the International and European regulatory framework where balancing techniques and the principle of proportionality represent the core in framing the regulatory activity. Despite undoubted short-term benefits, the concern is to safeguard both the protection of personal data and health, in the face of this ‘invisible enemy’, considering that the link between emergency regulation and prolonged compression of rights in technological innovation requires special attention.

Sharar, Bandar, ‘Comparing the Laws of England, Wales and Italy Relating to the Unilateral Modification for the Terms of Operational Contract during the COVID-19 Pandemic’ (2021) 42(3) Liverpool Law Review 465–483
Abstract: The study compares the mechanisms through which employers in England, Wales and Italy may be legally entitled to unilaterally vary the terms of their employment contracts due to the coronavirus pandemic and developing a taxonomy, through which a meaningful side-by-side comparison of these very different jurisdictions can be constructed. To attain the core purpose of this research, the study relied on the comparative legal research method. Despite the fundamental differences between the employment law regimes of the three countries; the mechanisms through which employers from these jurisdictions can vary the terms of their employment relationships in response to COVID-19 fall into one of these categories, force majeure mechanisms; flexibility mechanisms; hardship mechanisms or mechanisms facilitating bilateral variations tantamount to unilateral variations. The study concluded that there are fundamental differences between the employment law regimes that operate respectively in England and Wales and in Italy. England and Wales is a common law jurisdiction, whereas Italy is a civil law jurisdiction; Italy’s labour market is significantly more tightly regulated than England’s; in England and Wales, the employment contract regulates the employment relationship, whereas in Italy the individual employment.

Sicurella, Rosaria and Sandra MB Picicuto, ‘The Legal Framework of the COVID-19 Pandemic: The Italian Response to the Coronavirus Outbreak’ in Braum, Stefan (ed), Experimental Law: The Rule of Law and the Regulation of the Corona Pandemic in Europe (Nomos, 2023) 327–382

Simoni, Alessandro, ‘Limiting Freedom During the Covid-19 Emergency in Italy: Short Notes on the New “Populist Rule of Law”’ (2020) 20(3) Global Jurist (advance article, published 9 June 2020)
Abstract: The implications of the severe lockdown regime introduced in Italy in the context of the Covid-19 emergency can be correctly understood only through a broader look at how the text of the provisions adopted by the government is transformed by media reporting and law enforcement practice. From such a perspective, it appears clearly that we are witnessing nothing more than the most recent segment of a populist approach to the use of legal tools, the history of which starts well before the pandemic.

Sirena, Pietro and Francesco Paolo Patti, ‘Hardship and Renegotiation of Contracts in the Prospective Recodification of Italian Civil Law’ (Bocconi Legal Studies Research Paper No 3706159, 2020)
Abstract: The aim of the present essay is to analyse the new normative proposal on change of circumstances and to shed light on its scope of application, its potentialities and its shortcomings. The first part will indicate the reasons why a modification of the existing law is needed, also in consideration of the COVID-19 crisis and the difficulties in finding a fair solution capable of balancing the parties’ interests in ongoing contracts (B.). The contribution will then devote attention to the comparative background, as the problem of supervening events gave rise to several legislative interventions, not only in the European context (C.). A detailed scrutiny of the proposed Italian provision on change of circumstances will follow, with respect to the systematic relationship to other remedies and the requirements for its application (D.). Finally, the paper offers some conclusions (E.).

Stanghellini, Lorenzo, ‘The Pandemic as a Chance to Modernise Italian Insolvency and Restructuring Law’ (2023) 24(2) European Business Organization Law Review 251–266
Abstract: The pandemic exerted a profound influence on Italian insolvency and restructuring law. In 2020, after several years of preparation, a wide-ranging reform, whose focus was to enhance the judicial management of distress, was about to enter into force in Italy. In that context, there were two events inducing a radical rethinking of that reform: the pandemic and the duty to transpose Directive (EU) 2019/1023 (which the Italian legislature had largely overlooked while devising the project for reform). The result of the rethinking has been a set of rules more restructuring-friendly, partly and initially conceived as a response to the Covid-19 emergency, but largely preserved also in the post-pandemic framework. Difficult challenges lie ahead, the main one being the heavy legacy of State-guaranteed corporate loans, for which an ad hoc scheme has been developed. A significant and lasting consequence of the legislation enacted during the pandemic is the suspension of the ‘recapitalise or liquidate’ rule, on which the Italian corporate law system has traditionally relied for crisis detection purposes. This paradigm shift comes at the same time as an increased emphasis on early detection of financial distress and an increase in directors’ responsibility in this regard.

Tafani, Laura, ‘Enhancing the Quality of Legislation: The Italian Experience’ (2022) 10(1) Theory & Practice of Legislation 5–21
Abstract: The article is based on the observation of an increasingly poor quality of legislation in Italy which has led to citizens experiencing disaffection towards regulatory instruments and, at the same time, mistrust in the institutions responsible for producing, implementing and enforcing legislation. This situation has certainly become more and more serious during the Covid-19 pandemic with the adoption of regulatory acts containing rules that, on the one hand, severely restrict citizens’ freedoms and, on the other, are improvised, often contradictory and difficult to understand and interpret. Starting from this observation, the article analyses the reasons of this crisis, focusing on the complexity of a multi-level system, with the increasing influence of the legislation coming from the European Union, and on the growing weakness of parliamentary institutions and the consequent increase in government legislative power through ‘decree-laws’. The urgency and ‘occasionality’ that frequently characterises these law-making procedures are not compatible with a legislative design focused on better regulation tools, thereby making the commitment to clarity, consistency and homogeneity of legislative acts completely regressive. In this context, it is essential to increase the transparency of the legislative process and to enable citizens and stakeholders to take part in it, thereby restoring confidence in legislation. It is also necessary to bring together in the legislative rule-making process different professional skills and knowledge: legal, linguistic, economic-financial, statistical, social and even behavioural sciences. This will shape legislative intervention geared towards making regulatory acts as capable as possible of producing a phenomenon of spontaneous compliance with the objectives set by the legislation. Finally, these tools must be accompanied by a shift in political culture and a change in vision shared by all institutional actors, starting from Parliament, in order to recompose the material Constitution of the country on new bases.

Tedeschi, Miriam, ‘The Body and the Law across Borders during the COVID-19 Pandemic’ (2020) 10(2) Dialogues in Human Geography 178–181
Abstract: Drawing on non-representational theories in geography and beyond, this commentary provides an autoethnographic account of the material and spatial dimensions of the law as well as its effects and affects on bodies in-between two countries, Italy and Finland, during the COVID-19 pandemic.

Testoni, Ines, ‘The COVID-19 Pandemic Between Bio-Ethics, Bio-Law and Bio-Politics: A Case Study on The Italian Experience of The DuPre Commission’ (2022) 13(2) Ethics in Progress 90–106
Abstract: The aim of this qualitative study was to consider the question of whether the Italian political management of the pandemic respected the European bio-ethical and bio-juridical approaches in light of the principles of autonomy, dignity, integrity and vulnerability. As no specific consolidated literature exists on the subject, the Italian situation was taken into consideration, specifically the work of a spontaneous commission (DuPre) that collected the reflections of academics and researchers interested in discussing political decisions for the management of the emergency, which was the coronavirus disease (COVID-19) pandemic. The analysis took into account the contributions of scholars during two conferences (without proceedings), which were transcribed and examined. From the texts processed with a thematic analysis, three main themes emerged: ‘pandemic as a state of exception, sovereignty and crisis of democracy’, ‘the value of doubt and refutation’ and ‘elimination of informed consent between persuasion and blackmail’. In this paper, the final bio-political considerations on the European approach and the management of the COVID-19 pandemic in Italy are presented.

Tiraboschi, Michele, ‘The COVID-19 Emergency from an “Industrial Relations Law” Perspective. Some Critical Notes on the Italian Case’ (2020) 9(3) E-Journal of International and Comparative Labour Studies 37–54
Abstract: This paper disregards the legal and social dilemmas about work – which have emerged in the context of risk society – as these are aspects decisionmakers, scholars and legal experts will soon be faced with. Rather, this paper will examine a more specific – though just as important – methodological issue, which considers how legal rationality is conceived in new modernity when used to deal with work-related issues, irrespective of the framework adopted for analysis.

Togo, Federica, ‘Italy: Anti-Competitive Agreements - Coronavirus’ (2020) 41(9) European Competition Law Review N77–N78
Abstract: Notes the Italian Competition Authority’s April 2020 communication on co-operation agreements between companies operating in response to urgent situations created by the coronavirus pandemic, including the general criteria to be applied in such circumstances. Highlights the Authority’s May 2020 announcement that it was taking no further action over a co-operation project between pharmaceutical distributors involving single-use surgical masks.

Trabucco, Fabio Ratto, ‘The COVID-19 Post-Lockdown Italian Scenario from an Eco-Socio-Legal Perspective’ (2020) 3(25) Białostockie Studia Prawnicze 99–116
Abstract: This paper offers an analysis of the possible COVID-19 post-lockdown effects on the powerful factors that constitute the Italian national interest. The interdisciplinary perspective, being at the base of this study, considers a scenario characterized by three factors: time, budgetary policy, and communication. Since the social post-lockdown crisis began, Italy has been facing a problem of social justice in terms of participation, which is absent for now, especially in the political framework. The policy proposals should take account of unpopular decisions, whereas from a legal and geopolitical perspective it is necessary to have a more defined foreign policy, a clearer Italian positioning concerning international alliances with national interest as a reference point.

Travaini, Guido, Palmina Caruso and Isabella Merzagora, ‘Crime in Italy at the Time of the Pandemic’ (2020) 91(2) Acta Bio Medica Atenei Parmensis 199–203
Background: The beginning of 2020 has been marked by a historic event of worldwide importance: the Coronavirus pandemic. This emergency has resulted in severe global problems affecting areas such as healthcare and the social and economic fields. What about crime? Purpose of the work. The purpose of this work is to reflect about Italy and its crime rate at the time of Coronavirus. Methods. Some crimes will be analysed (the ‘conventional’ ones only, ruling out health-related offences) in the light of data resulting from Ministries and Europol reports, as well as from newspapers and news. Results and conclusions. The outcome will be explained, and some criminological remarks will be added.

Tumelty, Mary-Elizabeth et al, ‘COVID-19 Vaccination and Legal Preparedness: Lessons from Ireland’ [2022] European Journal of Health Law (advance article, published online 4 March 2022)
Abstract: Ireland has been a leader in the COVID-19 vaccine rollout in the EU, with almost 80% of the eligible population (aged over 5 years) fully vaccinated at the time of writing. The success of the vaccine rollout in this jurisdiction notwithstanding, the legal frameworks supporting the rollout had significant lacunas. Two aspects in particular highlighted a lack of legal preparedness: the inadequacy of the legal framework for consent and the absence of a vaccine injury redress scheme. This paper explores these components of the COVID-19 vaccine rollout through the lens of legal preparedness. Whilst most often discussed in the context of command and control measures such as social distancing requirements and regional lockdowns, this paper argues for an expanded understanding of what it means to be legally prepared, highlighting the importance of the preparedness of domestic legal frameworks.

Vese, Donato, ‘Managing the Pandemic. The Italian Strategy for Fighting Covid-19 and the Challenge of Sharing Administrative Powers’ (2021) 14(1) European Journal of Risk Regulation 113–140
Abstract: This article analyses the administrative measures and, more specifically, the administrative strategy implemented in the immediacy of the emergency by the Italian government in order to determine whether it was effective in managing the COVID-19 pandemic throughout the country. In analysing the administrative strategy, the article emphasises the role that the current system of constitutional separation of powers plays in emergency management and how this system can impact health risk assessment. An explanation of the risk management system in Italian and European Union (EU) law is provided and the following key legal issues are addressed: (1) the notion and features of emergency risk regulation from a pandemic perspective, distinguishing between risk and emergency; (2) the potential and limits of the precautionary principle in EU law; and (3) the Italian constitutional scenario with respect to the main provisions regulating central government, regional and local powers. Specifically, this article argues that the administrative strategy for effectively implementing emergency risk regulation based on an adequate and correct risk assessment requires ‘power sharing’ across the different levels of government with the participation of all of the institutional actors involved in the decision-making process: Government, Regions and local authorities.

Vinceti, Silvio Roberto, ‘COVID-19 Compulsory Vaccination of Healthcare Workers and the Italian Constitution’ (SSRN Scholarly Paper No ID 3953846, 4 July 2021)
Abstract: On April 1, 2021, the Italian Government issued the Decree Law no. 44 establishing COVID-19 compulsory vaccination for healthcare workers. In covering the news, national and international commentators have foreshadowed controversy over its constitutional status. In fact, it seems sensible to wonder if mandatory vaccination is consistent with the right to medical self-determination in the Italian Constitution, and if vaccine mandates that exclusively apply to a specific part of the population can be squared with its Equality Principle. As it happens, both answers are in the affirmative. On the one hand, the Italian Constitution acknowledges medical self-determination, but it explicitly admits of public health coercive measures, as both the text of the Constitution and its original understanding make abundantly clear. On the other, as to the Equality Principle, the scientific literature has long attested to the unique benefits of vaccinating healthcare workers, which seem all the more appropriate amidst a pandemic. Moreover, the government’s choice of moderate penalties for vaccine refusal and the temporary nature of the mandatory regime further agree with the Italian Constitutional Court’s interpretation of the Equality Principle - the so-called ‘Reasonableness Criterion.’ The Decree Law – meanwhile become, with minor modifications, Law 76 of May 28 2021 - is thus expected to pass foreseeable judicial review. However, it would be beneficial if the Italian government more vocally advocated the constitutionality of its vaccination policies in a general effort to contrast vaccine hesitancy.

Zelinger, Tyler, ‘A Silver Lining: An Italian Debt Restructuring in the Wake of COVID-19’ (SSRN Scholarly Paper No ID 3626373, 13 June 2020)
Abstract: As the global economy has become more integrated and increasingly complex, the need for a system that administers government default has become more and more apparent. The body of ‘sovereign debt law’ that has emerged to fill this need in the context of the Eurozone is an amalgamation of treaty obligations, domestic law constitutional principles, and tensions between state government and supranational government actors. Using a hypothetical Italian restructuring, this paper seeks to explore how these different bodies of law operate together to create a system that protects government function as opposed to guaranteeing creditor recovery. Further, this paper explores how an exogenous shock as the COVID-19 pandemic effects the analyses undertaken at various points in the sovereign debt legal framework. This analysis reveals a silver lining: although Italy has suffered horrible losses as the result of the COVID-19 pandemic, the effects of the pandemic will help mitigate the legal challenges faced by Italy in the course of a local-law restructuring effort and thus smooth the path to a successful post-COVID recovery.

Zetzsche, Dirk A et al, ‘The COVID-19-Crisis and Company Law: Towards Virtual Shareholder Meetings’ (University of Luxembourg Faculty of Law, Economics & Finance No WPS 2020-007, 15 April 2020)
Abstract: Legislation responding to COVID-19 allows us to examine how, and to what effect, the corporate governance framework can be amended in times of crisis. Almost all leading industrialized nations have already enacted crisis legislation in the field of company law. Here, given the difficulties or indeed the impossibility of conducting in-person meetings currently, the overall trajectory of company law reforms has been to allow for digitalization.We note five fields in which legislators have been particularly active. First, the extension of filing periods for annual and quarterly reports to reflect the practical difficulties regarding the collection of numbers and the auditing of financial statements. Second, company law requires shareholders to take decisions in meetings – and these meetings were for the most part in-person gatherings. However, since the gathering of individuals in one location is now at odds with the measures being implemented to contain the virus, legislators have generally allowed for virtualonly meetings, online-only proxy voting and voting-by-mail, and granted relief to various formalities aimed at protecting shareholders (including fixed meeting and notice periods). Third, provisions requiring physical attendance of board members, including provisions on signing corporate documents, have been temporarily lifted for board matters. Fourth, parliaments have enacted changes to allow for more flexible and speedy capital measures, including the disbursement of dividends and the recapitalization of firms, having accepted that the crisis impairs a company’s equity. Fifth and finally, some countries have implemented temporary changes to insolvency law to delay companies’ petitioning for insolvency as a result of the liquidity shock prompted by the imposition of overnight lockdowns.This working paper seeks to (1) document the respective crisis legislation; (2) assist countries looking for solutions to respond rapidly and efficiently to the crisis; (3) exchange experiences of crisis measures; and (4) spur academic discussion on the extent to which the crisis legislation can function as a blueprint for general corporate governance reform. Countries considered in full or in part include Australia, Austria, Belgium, Canada, China, France, Germany, Hong Kong, India, Italy, Luxembourg, the Netherlands, Norway, Portugal, Singapore, South Korea, Spain, Switzerland, Thailand, the United Kingdom, and the United States. Readers are encouraged to highlight any inaccuracies on the part of the authors in their presentation of the respective laws, and to bring further crisis-related legislation not considered in this working draft to the attention of the authors. Moreover, readers are invited to indicate where there is room for improvement therein, and/or to signal the need for policy reform.

Jersey

Fairgrieve, Duncan and Nicole Langlois, ‘Frustration and Hardship in Commercial Contracts: A Comparative Law Perspective’ (2020) 24(2) Jersey and Guernsey Law Review 142–166
Abstract: The common law doctrine of frustration and the civil law doctrine of force majeure are both doctrines of respectable antiquity that can trace their origins back to Roman law. The recent Coronavirus pandemic (and its unprecedented impact on business) has focused attention on the way in which these doctrines have been developed by courts in different jurisdictions and prompted debate as to whether such developments now strike the right balance between legal certainty on the one hand, and fairness to the contracting parties on the other. Given Jersey’s unique status as a ‘mixed’ civil and common law jurisdiction, a comparison of English law and French law in this area offers some interesting insights into the likely scope of a modern Jersey customary law doctrine of force majeure. :

‘Jersey Amends Economic Substance Rules to Support Businesses Hit by Covid-19’ [2020] (8 April) Lawyer (Online Edition) 1
Abstract: The article informs that authorities in Jersey have amended its rules around economic substance to support businesses hit by Covid-19 pandemic. It mentions that jurisdiction has confirmed the circumstances under which it will not determine under Article 6, Taxation Law 2019 that a company has failed the economic substance test. :

‘The Threat of COVID-19’ (2020) 24(2) Jersey and Guernsey Law Review 131–139
Abstract: Reviews the range of emergency regulations enacted by Jersey and Guernsey in response to the coronavirus pandemic, including key features of measures concerning screening, education and day care, restrictions on movement, and residential tenancies.

Kazakhstan

Atsiyeva, Ellada and Svetlana Zharkenova, ‘Kazakhstan’s Experience and Law of Employment Agency Work during the Coronavirus Crisis’ (2021) 25(1) Journal of Legal, Ethical and Regulatory Issues 1–12
Abstract: The aim of this study is to know experience and attitudes of both employers and employees to online employability during the coronavirus crisis and related problems to legislative regulations of such format of working. The study conducted a survey among 115 Kazakhstani employees and employers and the results show that employees have more negative experience and attitudes of online employability. Such situation is mainly due to the presence of organizational problems of online employability, as well as a number of negative psychological factors (most of which were the result of the forced isolation regime). As for employers, the main problems associated with the business processes that allow maintaining the quality of communications and labor efficiency, ensuring the information security and issues of legal regulation of this type of employability. However, the introduction of an online format of work allowed many organizations to survive in the market, both due to the ability not to completely stop their work during the quarantine period, and by reducing a certain share of costs. In addition to interview, this study grouped of respondents (both employers and employees) into four categories including the generations of Y or Millenniums (born between 1985 and 2002), X (born between 1964 and 1984), BB or Baby Boomers (born between 1944 and 1963), and the Silent generation (older than 1943). The result of such groping revealed that both employers and employees of generations of Y and X had the sufficiency of their digital skills and ability to work online, while the generations BB and Silent experienced some difficulties in working online. In terms of legislative regulations, as practice has shown, at present, the Labor Code does not sufficiently reflect the real issues of regulation of online labor relations. In particular, the concepts of online employability, as well as the possible forms of its organization and conflicts of interests require clarification. :

Kubenov, Gizat et al, ‘Protection of Privacy in Information Technologies in the Context of COVID-19: A Comparative Legal Analysis of the Republic of Kazakhstan and the European Union’ [2023] 2023/1 Rivista Di Studi Sulla Sostenibilita 63–89
Abstract: Today, the world community faces the arduous and responsible task of preventing the spread of the coronavirus disease COVID-19, which objectively requires the adoption of a complex of anti-epidemic (organizational, medical, administrative, and other) measures to prevent the spread of COVID-19 and to contain and eliminate this epidemic. At the same time, to a large extent, such measures are embodied in various forms of restrictions on the realization of civil, political, and other rights, freedoms, and legitimate interests of a person and a citizen, as well as to a certain extent there are encroachments on the inviolability of a person’s private life. The purpose of the scientific article is to study the state mechanisms of Kazakhstan and the European Union on legal support and security of personal data on the Internet, particularly during the COVID-19 pandemic, and to determine possible ways for their development and improvement. The research used dialectical, historical-legal, formal-logical, comparative-legal, and special-legal research methods, and systemic-structural research methods, as well as the method of systemic analysis. The theoretical significance of the study lies in the fact that it develops new scientific provisions, proposals, and recommendations that deepen the theoretical and practical foundations in the field of legal regulation of personal da-ta protection in information technologies during the pandemic in the European Un-ion in general and in the Republic of Kazakhstan in particular.

Roudik, Peter et al, ‘Freedom of Expression during COVID-19’ (Law Library of Congress Legal Report, September 2020)
Abstract: This report, prepared by the research staff of the Law Library of Congress, surveys legal acts regulating mass media and their ability to distribute information freely during the Covid-19 pandemic. The report focuses on recently introduced amendments to national legislation aimed at establishing different control measures over the media outlets, internet resources, and journalists in 20 selected countries around the world where adoption of such laws has been identified, namely: Armenia, Azerbaijan, Bangladesh, Belarus, El Salvador, India, Kazakhstan, Kenya, Kyrgyzstan, Mauritius, Moldova, Nepal, Nicaragua, Pakistan, Russia, South Africa, Sri Lanka, Tajikistan, Ukraine, and Uzbekistan. :

Tokazhanov, Galym et al, ‘The Pandemic Readiness Assessment of Building Design and Engineering Service-Related Legislation in Kazakhstan and the EU’ [2022] Engineering, Construction and Architectural Management (advance article, published online 7 December)
Abstract: The current COVID-19 pandemic is influencing our life in every aspect, including working and living environments. Millions of people were forced to isolate themselves in their homes, which has posed significant pressure on buildings and shown us that our dwellings are not designed for such purposes. This is partly due to the fact that homes are designed and built for occasional use rather than isolated and long-term occupation. The legislative system of a country plays an important role in defining and shaping the conditions of people living there. Hence, the aim of the study is to evaluate the readiness of Kazakhstani and the EU construction-related legislation for pandemics.

Trochev, Alexei, ‘Kazakhstan: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2024)
Abstract: Kazakhstan is the ninth-largest country in the world by land size, with a population of 19.5 million. The Covid-19 pandemic hit the country in five waves, with the highest number of cases reported in the biggest cities of Almaty and Astana. The second wave, which occurred in the summer of 2020, was the deadliest and led to President Tokayev declaring 13 July 2020 as a day of national mourning for the victims of the virus. According to the official data, by May 2023, the pandemic caused nearly 1.5 million cases and 19,000 deaths in the country. It revealed systemic weaknesses in the healthcare system, such as inadequate health policies, broken medical supply chains, unprepared healthcare workforce, inaccessible high-quality healthcare, the acute shortage of essential medicines, lack of hospital beds, and pandemic unpreparedness. The country’s political regime and the leadership succession have influenced Kazakhstan’s approach to managing the pandemic. Its geopolitical context and close ties with neighbouring countries like China, Russia, Kyrgyzstan, Turkmenistan, and Uzbekistan have also shaped its anti-pandemic policy. Kazakhstan shares borders with Russia, China, and several Central Asian nations, necessitating cooperation to manage cross-border movements and potential transmission risks.

Zabuha, Yuliia Yu, Tetiana O Mykhailichenko and Svitlana V Rak, ‘Legal Regulation of Epidemic Security under the COVID-19 Pandemic Conditions in Some Post-Soviet Countries and Poland’ (2020) 73(12 cz 2) Wiadomosci Lekarskie 2758–2767
Objective: The aim: To reveal the features of the epidemic safety and security legal regulation in Belarus, Kazakhstan, Moldova, Poland, Russia and Ukraine during the COVID-19 pandemic. Patients and Methods: Materials and methods: This study is based on Belarusian, Kazakh, Moldavian, Polish, Russian and Ukrainian regulatory acts as well as national court judgments. Such methods as dialectical, comparative, analytic, synthetic, comprehensive, statistical and generalization approaches have been used in the article. Conclusions: the study confirmed that the direct impact on the spread and dynamics of morbidity during the COVID-19 pandemic in the countries to be analyzed is determined by: the presence of government agencies and special institutions involved in combating, preventing and monitoring the spread of infectious diseases and their readiness for effective measures in emergency situations caused, in particular, by epidemics; timeliness and duration of quarantine restrictions, their severity and scope; observance of these restrictions by the population; effectiveness of law enforcement responses to violations. The strengthening of administrative and/or criminal liability had no significant impact on the morbidity situation in the country.

Kosovo

Azemi, Florent, Mensur Morina and Fatos Haziri, ‘Comparative Aspect of the State of Terrorism in the Period of the Covid-19 Pandemic at the Global Level and in Kosovo’ (SSRN Scholarly Paper No 4534738, 8 August 2023)
Abstract: In this research, we have addressed the state of global terrorism by comparing it with the state of terrorism in Kosovo. In recent years, some special forms and activities of global terrorism and the possible threats it poses to the international community have emerged. The latest report of the Global Terrorism Index for the time period 2020 and 2021 has marked a positive reflection on the evident decrease in terrorist cases according to the data analysed and collected in different countries at the global level. However, the forms of terrorist phenomena and the consequences of the COVID-19 pandemic remain a challenge. Also, the latest reports indicate that the regional spread of terrorist cases has taken a different form, where South Asia remains the most sensitive and affected region by terrorism. Reports point to the terrorist organization ISIS as a threat, with particular emphasis on the cyber domain, despite the lack of growth within groups and individuals within it. The growing activity of far-right groups in North America, Europe and elsewhere, including the Western Balkans and Kosovo, is another phenomenon that is considered to be challenge and concern. The period of the COVID-19 pandemic may have reflected positively by hindering some terrorist activities, but the economic damage to vulnerable social layers may give extremist groups new opportunities to attract new recruits, and Kosovo may also be affected by this risk. Kosovo, as a small country, although with its problems in the north in relation to Serbia, has continuously cooperated and coordinated its work with the international community in Kosovo and in particular with their missions, such as the NATO mission in Kosovo, KFOR and EULEX rule of law mission. During the period of the COVID-19 pandemic, Kosovo has managed the security situation well, with no cases of terrorism recorded thanks to international cooperation and its legal aspect, where in particular it has completed the Anti-terrorism Strategy 2018-2023.

ĐORĐEVIĆ, Anđela and Rok ZUPANČIČ, ‘Everyday Anxieties in a Divided Society at the Time of COVID-19: Consequences of the Dual Legal and Administrative System in the North of Kosovo’ (2021) 15(1) Journal of Comparative Politics 39–55
Abstract: This paper analyses the measures introduced by the governments of Serbia and Kosovo in the north of Kosovo aimed at suppressing the spread of COVID-19. Northern Kosovo is an interesting case due to the existence of dual legal and administrative system – one run by the Serbian government in Belgrade, and the second one run by the Kosovo authorities in Pristina. Drawing from the theory of contested statehood, the authors argue that the institutions of both sides, who have been vying for power in this region for years, used almost all available means to demonstrate their respective „statehoods“ (ability to execute power) regardless of consequences this has had for the locals. The analysis has shown, first, that in such a conundrum, the majority of people attempted to adhere to the measures of both systems in order to avoid both formal (legal) and informal (social) sanctions; second, that the authorities do not shy away from fighting for supremacy even in the cases, where the cooperation of all stakeholders would be sine qua non for reducing the impact of pandemics. :

Hajrizi, Zenel, ‘Treatment of Covid 19 from the Legal Point of View in Kosovo’ (UBT International Conference, 2020)
Abstract: The Covid 19 pandemic challenged human society indiscriminately. Dealing with health workers with the virus was the arena of gladiators, while vertical and horizontal organization of institutions was needed. The primary burden was on government action based on the advice of the Ministry of Health and the National Institute of Public Health.The discrepancy of institutional attitudes fractured the political spectrum regarding the actions of citizens for working hours, and the problem was transferred to the Constitutional Court for interpretation.Parliamentary debates on the anti-covid law took time, while the overthrow of the government seemed to facilitate the circulation measures until the voting of the anti-covid law, which took more than five months from the presentation of the first cases of the citizens of the country with Covid19. With the voting and application of the anticovid law, the local level also took over the competence for coordination of actions until the opening of the possibilities for conducting tests in private laboratories. Kosovo health protocols require the preservation of public health, while the application of the law transforms the current situation of citizens. :

Hoxhaj, Andi and Fabian Zhilla, ‘The Impact of COVID-19 Measures on the Rule of Law in the Western Balkans and the Increase of Authoritarianism’ (2021) 8(4) European Journal of Comparative Law and Governance 271–303
Abstract: Abstract This article offers a comparative analysis of the covid-19 legal measures and model of governance adopted in the Western Balkans countries (Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Serbia and Kosovo) and its impact on the state of the rule of law, and ability of parliament and civil society to scrutinise government decisions. The article assesses the governments’ approaches to introducing and enforcing covid-19 legal measures, and shows examples of how covid-19 has exposed more openly the weaknesses in the existing system of checks and balances in the Western Balkans. The article offers new insights into how covid-19 presented a new opportunity for leaders in the Western Balkans to implement further their authoritarian model of governance in undermining the rule of law. This article offers suggestions on how the EU could respond, through its accession conditionality instruments and civil society, to redirect this trend towards more state capture. :

Ibrahimi, Adrianit and Besa Arifi, ‘Defending the Rights of the Victims of Corruption in the Republic of Kosovo: With a Special Focus to the Pandemic COVID-19’ (2021) 15(1: Challenges and Perspectives of Covid-19) SEEU Review 3–23
Abstract: Justice is not only about punishing the perpetrators but also protecting the rights of their victims. Corruption is not a victimless crime! Therefore, the main intention of this paper is to enlighten that protecting the rights of the victims of corruption is one of the crucial battles in the war against corruption. Winning this battle during the pandemic COVID-19 is grinding but of vital importance at the same time! Corruption has already been a remaining concern in the Republic of Kosovo. Notwithstanding, the situation with the pandemic COVID-19 has made the justice system, and not only, more fragile. Consequently, we are currently living in a perfect environment for corruption acts where the victims of corruption are not acknowledged and sometimes even ‘garbled’ with the victims of COVID-19! It is important more than ever to ensure effective remedies for persons who have suffered from corruption acts including the possibility of compensation for their damage. Indeed, the Republic of Kosovo is not a state party of the Civil Law Convention on Corruption.Yet this convention shall be the guide for establishing such legal avenues while the good practices of the United Kingdom and the French Republic shall be the aim and motivation for this.

Jashari, Murat, Behar Selimi and Islam Pepaj, ‘Political and Constitutional Approach Toward Covid 19: The Cases of Kosovo and Croatia’ (2021) 42(3) Zbornik Pravnog fakulteta Sveučilišta u Rijeci 817–834
Abstract: This paper analyzes the political and constitutional confrontation of Kosovo and Croatia with the COVID-19 pandemic. The similarities of the constitutional provisions governing emergencies and possible restrictions on human freedoms and rights in both countries, alongside hybrid parliamentary systems with strong presidents, have produced the same approaches, respectively similar in political and constitutional terms as well as in academic and professional aspect. Therefore, this paper is focused more on government responses to the situation, including divergences between presidents and governments, as well as constitutional court approaches and respective academic opinions on the subject axis: extraordinary measures within the ordinary or extraordinary legal order with a formal declaration of a ‘State of Emergency’. Both countries set out for the first model, contenting themselves with amending legal frameworks without a formal declaration of a state of emergency. How and why, it happened is explained in the second and third parts of the paper, resulting in conclusions and recommendations.

Korenica, Fisnik and Bardhyl Hasanpapaj, ‘Limitation of Rights in the Times of the COVID-19 Pandemic: A View from Kosovo’s Constitutional Court’s “Shaky” Jurisprudence’ (2023) 27(5) The International Journal of Human Rights 872–895
Abstract: The COVID-19 pandemic has forced governments across the globe to take infection-control actions by and large unforeseen and unforeseeable in their constitutional frameworks. Several measures forcing restrictions on travel, business operations, labour, healthcare and/or the education system have characterised public policy in most of them. A fair number of those restrictions adopted in the form of government or legislature decisions are labelled as ‘lockdown measures’. This article examines two recent cases ruled upon by the Constitutional Court of Kosovo (CCK or Court), whose primary aim was to pronounce on whether the Kosovo government’s lockdown measures were compatible with the criteria authorising a limitation of fundamental rights. These two cases present an outstandingly activist attitude of the Court in controlling government behaviour in times of a pandemic outbreak, by primarily questioning the state’s negative obligations in the face of freedom of movement, right to private and family life, and freedom of assembly; whereas positive obligations of the state with regard to the right to life and its associated right, the right to health, were neglected altogether. The article concludes that the mechanical interpretation which the two Court cases drew neither contributes to a richer substantive human rights protection, nor functionally elevates the concept of human rights in times of pandemic.

Xhemajli, Haxhi and Nur Çeku, ‘A Legal Analysis of Kosovo’s Use of the State of Emergency during the Covid-19 Pandemic’ (2022) The Journal of Legislative Studies (advance article, published online 16 September 2022)
Abstract: The legal regulation of the state of emergency is a very wide and controversial due to the fact that the tension between the branches of government, which is not so obvious in everyday life, is often more transparent in cases of state emergency. This tension appeared in many countries as well as in Kosovo during the application of the measures to deal with the COVID-19 pandemic, and which revolves around whether the parliament should decide on the measures taken and their financing, or if this responsibility falls within the purview of the executive branch. This paper analyses the legality of the actions taken by the government during the pandemic. Further, it examines the legal ramifications of declaring a state of emergency, the resulting tension between the branches of government and measures taken to ensure respect for human rights.

Kyrgyzstan

Roudik, Peter et al, ‘Freedom of Expression during COVID-19’ (Law Library of Congress Legal Report, September 2020)
Abstract: This report, prepared by the research staff of the Law Library of Congress, surveys legal acts regulating mass media and their ability to distribute information freely during the Covid-19 pandemic. The report focuses on recently introduced amendments to national legislation aimed at establishing different control measures over the media outlets, internet resources, and journalists in 20 selected countries around the world where adoption of such laws has been identified, namely: Armenia, Azerbaijan, Bangladesh, Belarus, El Salvador, India, Kazakhstan, Kenya, Kyrgyzstan, Mauritius, Moldova, Nepal, Nicaragua, Pakistan, Russia, South Africa, Sri Lanka, Tajikistan, Ukraine, and Uzbekistan.

Latvia

Barkane, Irena et al, ‘The Legal Implications of COVID-19 Vaccination Certificates: Implementation Experiences from Nordic and Baltic Region’ in New Legal Reality: Challenges and Perspectives. II (University of Latvia Press, 2022) 209–223
Abstract: EU Digital green certificates were initially envisaged as a joint EU initiative to facilitate free movement during the pandemic. However, many countries rapidly extended their use in different contexts at the national level, raising serious ethical and legal concerns and questions, in particular, on how to strike a right balance between the interests of the individual and the interests of society. The paper aims to explore the legal implications of using vaccination certificates at the national level, in particular by exploring and comparing practices in selected Nordic and Baltic countries. The article emphasises that, despite COVID-19 crises, the governments should protect fundamental rights and values and when deciding on new restrictions carefully assess their necessity and proportionality. National responses call for a new regulatory framework to ensure responsible use of digital technologies in public interests.

Bohdan, Anna, Bartosz Maziarz and Agnieszka Dornfeld-Kmak, ‘Impact of the COVID-19 Pandemic on the Legal Migrant in Poland, Portugal, Latvia, and Belgium’ (2021) 24(1) European Research Studies Journal 522–531
Purpose: The article aims to analyze the impact of the COVID-19 pandemic about legal migrants in selected European Union countries amidst the tighter restrictions and travel constraints introduced worldwide. Design/Methodology/Approach: The article uses data and source analysis and a modeling method to demonstrate the extrapolation of migration trends. Findings: The employed methodology enabled the authors to establish that in Poland, Portugal, Latvia, and Belgium, measures were taken to respond to the COVID-19 pandemic in the context of legal migrants residing on their territories during the introduction of the movement restrictions. Practical Implications: According to the authors, the exposure of the measures against the negative impact of the COVID-19 pandemic on migrants may deepen cooperation between the country authorities concerning helping legal migrants, leading to strengthened security in this area. Originality/value: In the face of the COVID-19 pandemic and the dynamically changing health situation in the world, as well as the related lack of up-to-date sources and studies, partial scientific studies demonstrating a selected fragment of reality are critical. In the short and long term, they will enable researchers to learn about the type of actions taken by state authorities concerning migrants legally residing in their territory. :

Lazdins, Janis, ‘Payment of Mandatory Social Insurance Contributions in a Socially Responsible State as a Safeguard for the Inviolability of Human Dignity in Emergency Conditions in a State Governed by the Rule of Law’ in New Legal Reality: Challenges and Perspectives. II (University of Latvia Press, 2022) 21–33
Abstract: The article provides an analysis of the impact of economic crises on improving regulation on the state mandatory social insurance in Latvia following the restoration of its independence de facto (1990–1991), as well as of the legal principles and case law related to social insurance. In examining case law, particular attention is paid to such concepts as human dignity, a state governed by the rule of law, and a socially responsible state. The subsistence minimum, which has not been calculated by the State, is recognised as being an unsolved problem, which, effectively, prohibits from discussing the effectiveness of the system of state mandatory social insurance in the area of social security when an insured event occurs.

Musiał-Karg, Magdalena and Izabela Kapsa (eds), Elections in Times of a Pandemic: Dilemmas and Challenges: Experiences of the European Countries (Brill, 2024)
Abstract: The COVID-19 pandemic demonstrated that unexpected and unpredictable situations can hinder the conduct of general elections around the world. The book is a comprehensive analysis of the organization of elections during the COVID-19 pandemic. In addition to the theoretical perspective, it familiarizes the public with specific electoral solutions adopted during the pandemic in selected European countries (Italy, Germany, Lithuania, Serbia, Russia, Czech Republic, Estonia, Latvia, Liechtenstein, Poland). The editors believe that this book will bring closer the specific solutions adopted in the considered countries during the COVID-19 pandemic and provide readers with a multi-faceted understanding of elections in emergency situations.

Olsena, Solvita and Laura Kadile, ‘National Legal Framework to Protect the Right to Health and Right to Provide Health Care during the Covid Emergency Situation in Latvia’ (2021) 14(2) Medicine, Law & Society 457–478
Abstract: Global public health emergency due to the spread of Covid-19 required the government of Latvia to implement necessary measures to control the virus. Numerous measures were introduced as novel legal requirements for the general public as well as for users and providers of health care. Numerous legal provisions established restrictions on the rights of patients and health care institutions. Our study aimed to explore how a human rights-based approach might be and is integrated into national responses to the Covid pandemic in health care in Latvia during the first emergency situation lasting from 12 March to 9 June 2020. Our research showed that restrictions on the right of patients to receive and the right of health care institutions to provide health care services were introduced broadly. We established that the legal requirements for restricting human rights in health required by the Constitution of Latvia were not observed.

Olsena, Solvita et al, ‘Latvia: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2024)
Abstract: Latvia was fast, strict, and successful in its response at the beginning of the Covid-19 pandemic in 2020. The day after the World Health Organization (WHO) declaration of a global Covid-19 pandemic, the Cabinet of Ministers declared an emergency situation on 12 March 2020. Within two weeks, substantial restrictions limiting public events, travel, the functioning of state institutions, schools, shopping, health care, churches, etc were put in place. This led to a low Covid-19 incidence rate per 100,000 inhabitants (14-day care notification rate per 100,000 inhabitants): on 1 April 2020 this rate was 19.6, on 1 May 2020 it was 9.8, and on 1 June 2020 it was 3.1 The total number of deaths during that period was 25. The first emergency situation ended on 9 June 2020. During Summer restrictions were relaxed, with a low Covid-19 incidence. Latvia’s approach to the pandemic was seen as a success. The cases started to rise in October 2020 from 20 cases per 100,000 inhabitants on 1 October 2020 to 140 on 1 November 2020. The Cabinet declared a second emergency situation on 6 November 2020 and put in place substantial restrictions. Several times, stricter measures were added. Curfew orders were issued in the New Year and the following weekends, public gatherings were banned, and daily routines limited. Despite this, the number of cases skyrocketed during December 2020, reaching its peak on 10 January 2021 when the incidence rate reached 694 per 100,000 inhabitants, or 49,568 cases in total. This led to an extremely high number of hospitalized Covid-19 patients and a high death toll (810 by 10 January 2021). The health care system and medical professionals were overwhelmed. The decrease in case numbers during February and March 2021, despite strict public health measures in place, was slow, reaching 497 per 100,000 inhabitants on 1 March 2021 and 372 on 1 April 2021. The second emergency situation ended on 6 April 2021, when there was still a quite high incidence rate (338). The third emergency situation was declared on 11 October 2021. The legal measures of the third emergency situation were similar as before, although even more public health measures were enforced (for example a curfew between the hours of 20:00 and 5:00 from 21 October 2021 to 15 November 2021). The number of cases reached unprecedented numbers during February 2022, reaching its peak on 22 February 2022 when the incidence rate reached 7220,8 per 100,000 inhabitants. The third emergency situation ended on 28 February 2022 although some legal measures were still in place. Up to 12 April 2024, the total number of cases in Latvia was 982,505 infections, and 6,715 deaths.

Stasulane, Anita, ‘Impact of the COVID-19 Pandemic on Religion in Latvia’ in Brian Conway et al (eds), Religion, Law, and COVID-19 in Europe: A Comparative Analysis (Helsinki University Press, 2024) 265–285 [OPEN ACCESS E-BOOK]
Abstract: This chapter examines the impact of the COVID-19 pandemic on social and religious life in a country with a low level of religiosity. In Latvia, the pandemic caused a sharp division of society, not only into vaxxers and anti-vaxxers but also into believers and non-believers. Moreover, the COVID-19 pandemic showed clearly the rise of religious fundamentalists among Christians. The divergent positions of church leaders led to equally diverse positions of congregation members within one religious organisation. The chapter presents general restrictions and the main events related to religion during the pandemic in Latvia. It explains the public debate about the restrictions imposed on religious services. Although religious organisations encouraged their members to comply with the epidemiological security requirements introduced in the country, the restrictive rules were often violated. The media, upon receiving information from people about breaches of restrictions on the part of religious organisations, focused on these breaches, thus causing a strong resonance in the public. The chapter analyses how the COVID-19 pandemic affected life of religious people in Latvia. In conclusion, it explains the effects of the COVID-19 pandemic on secularisation/desecularisation processes in Latvia.

Liechtenstein

Inozemtsev, Maxim I, ‘Legal Regulation of Crypto-Asset Markets in the EU in the Post-COVID Period’ in Vladimir S Osipov (ed), Post-COVID Economic Revival, Volume I: Sectors, Institutions, and Policy (Springer, 2021) 315–326
Abstract: This chapter examines the theoretical understanding and legal regulation of the European crypto-asset market in the post-COVID period, including compatibility of the proposed draft unified legal framework for the crypto-assets circulation with the legal order of the EU member states (Germany, Malta), as well as the competition between the EU legal order and the legislation of the advanced European countries (Switzerland, Liechtenstein) in the field of legalizing crypto-assets. The traced evolution of legal regulation in the field of crypto-assets circulation allows us to conclude that the EU institutions are working quite effectively and consistently to give a ‘pan-European response’ to the challenges of digitalization, but there are some difficulties in synchronizing the created European legal framework with the interests of the EU member states and their often more advanced regulation. The results of the study of the problems of regulating crypto-assets in the European Union contribute to the development of the Russian scientific doctrine in the field of crypto-assets circulation allowing us to adjust the digital assets and digital currencies legalization model in Russia, also laying the foundation for forming supranational legal foundations that will let crypto-assets circulate in the Eurasian Economic Union.

Musiał-Karg, Magdalena and Izabela Kapsa (eds), Elections in Times of a Pandemic: Dilemmas and Challenges: Experiences of the European Countries (Brill, 2024)
Abstract: The COVID-19 pandemic demonstrated that unexpected and unpredictable situations can hinder the conduct of general elections around the world. The book is a comprehensive analysis of the organization of elections during the COVID-19 pandemic. In addition to the theoretical perspective, it familiarizes the public with specific electoral solutions adopted during the pandemic in selected European countries (Italy, Germany, Lithuania, Serbia, Russia, Czech Republic, Estonia, Latvia, Liechtenstein, Poland). The editors believe that this book will bring closer the specific solutions adopted in the considered countries during the COVID-19 pandemic and provide readers with a multi-faceted understanding of elections in emergency situations.

Lithuania

Bitė, Virginijus, Vilija Mogenytė and Salvija Mulevičienė, ‘Civil Liability of a Company Director in the Vicinity of Insolvency: The Lithuanian Approach’ (2022) 23(2) European Business Organization Law Review 455–479
Abstract: Little has been achieved at the EU level and internationally to harmonise the various approaches taken by national laws regarding the nature and extent of directors’ obligations in the vicinity of insolvency. The first steps towards harmonisation can be seen in the Restructuring Directive, which aims to provide initial guidance on the duties of directors where there is a likelihood of insolvency. Lithuania is one of the countries which has most recently implemented a comprehensive insolvency reform, trying to better conform to the modern realities of business and promote the corporate rescue paradigm through the national legal regime. The new Law on Insolvency of Legal Persons introduced a range of changes that directly and indirectly impact the director’s civil liability approach. The aim of this paper is to provide comprehensive insights from a comparative perspective on the Lithuanian approach to the regime of a director’s civil liability in the vicinity of insolvency through an analysis of the conditions and sources of such liability in the context of the new legal regime of insolvency. The paper discusses the general features and doctrine of the legal regime regarding a director’s civil liability in Lithuania. Secondly, it sets out the types of insolvency-related duties of directors, analyses the current state of harmonisation at the EU level in that regard, and then discusses the Lithuanian approach. Finally, it determines the main factors influencing the future of the legal regime of a director’s liability, including the reactions of the legislators to the COVID-19 outbreak.

Dobryninas, Aleksandras, ‘Pandemic and Infodemic in Lithuania’ in Dina Siegel, Aleksandras Dobryninas and Stefano Becucci (eds), Covid-19, Society and Crime in Europe (Springer International Publishing, 2022) 43–62
Abstract: Lithuania belonged to European countries, which relatively successfully passed the first wave of the coronavirus pandemic. However, the second wave of the pandemic was opposite to the first one. By 2020, Lithuania placed itself among the less lucky European countries with a high rate of infected persons and coronavirus deaths. In the presented chapter, the author observes the change of social restrictions, which were introduced as a vital part of governmental anti-pandemic policy and analyses their possible impact on crime trends in the country. Special attention is paid to changes in homicide statistics, which are still exceptional among other countries of the EU. Additionally, the chapter clarifies the role of mass media in informing the society about coronavirus threats and constricting new ‘suitable enemies’, especially during the first pandemic wave.

Kiršienė, Julija, Darius Amilevičius and Dovilė Stankevičiūtė, ‘Digital Transformation of Legal Services and Access to Justice: Challenges and Possibilities’ (2022) 15(1) Baltic Journal of Law & Politics 141–172
Abstract: The pandemic affected the access to justice situation in terms of the never rapid shift to digitalisation of legal services, and in this article, we evaluate whether artificial intelligence (AI) and its state-of-the-art technologies like machine learning and human language technologies have the potential to improve access to legal services. For this purpose, we not only examine and identify problematic areas, but also share the empirical data and insights of the practical application of AI technologies, especially human language technologies. In the first part of the article, we explore how the internet has created the foundations for a new paradigm of society including institution law. The second part of the article is devoted for analysis of challenges for access to justice in post pandemic world. In the third part, we elaborate on questions about technical feasibility, legal and moral acceptability of the digitalisation of legal services. Then follows the case analysis of the practical application of human language technologies in legal domain.

Mažrimaitė, Andra and Vilius Lapis, ‘The Distinctive Nature of COVID-19 Vaccines: Compensation for Potential Damages under the Legal Framework of Lithuanian State in the Context of Global Examples’ (2022) 6(1) Bratislava Law Review 87–106
Abstract: The article analyses legal mechanisms of compensation for damages caused by side effects of COVID-19 vaccines in Lithuania. In particular, draft amendments to the Law on the Rights of Patients and Compensation of the Damage to their Health registered by the Parliament of the Republic of Lithuania in 2021 are evaluated and arguments for the need for further improvement are provided herein. In order to comprehensively assess the nature of the side effects that may be a substantiated cause for damages, pharmaceutical analysis and evaluation of COVID-19 vaccines eligible in Lithuania are analysed. Analysis of the legal framework and proposals are construed mainly in light of the assessment of global examples. Following thorough evaluation of the question at hand, it is the opinion of the authors that the product liability mechanism is not appropriate in the context of the vaccination program applied in Lithuania and ‘a no-fault compensation model’ shall be adopted instead, which would be funded by a separate (non) State institute/fund in Lithuania.

Mikelenas, Valentinas, ‘Coronavirus and the Law: Lithuanian Experience’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: As in many other countries of the world, the pandemic of the coronavirus came to Lithuania unexpectedly, both for society as a whole and the public authorities, as well as for the country’s health system and business. Although the Government decided quickly enough to introduce quarantine, discussions have arisen upon the Government’s powers to introduce quarantine. The introduction of quarantine has raised not only the problem of the distribution of competence between Parliament and the Government but also many other issues in both public and private law. The pandemic has shown that many pieces of legislation do not provide for the specificities of legal regulation in quarantine or other extreme situations. As a result, both Parliament and the Government have had to adopt a number of new laws and other legal acts or amend legislation already in force during the pandemic. The pandemic has also shown weak support of the European Union and its institutions, as a result of this, the Member States have, in practice, dealt with pandemic problems on their own rather than centrally. For this reason, trust in the European Union can be further weakened. :

Miliuvienė, Jolita, ‘Preconditions to Avoid Constitutional Rule of Law Crisis: Some Reflections on Appointment Procedure of Constitutional Justices’ in Rainer Arnold and Javier Cremades (eds), Rule of Law and the Challenges Posed by the Pandemic (Springer, 2023) 53–65
Abstract: The weakening of the constitutional review institutions is the red flag for the appropriate implementation of the principle of the rule of law. Successful renewal of constitutional composition is one of the guaranties of the independence of the Constitutional Court. The wave of constitutional crises related to the renewal of the composition of the constitutional courts that have recently swept through Europe and beyond revealed the importance of this procedure to the preservation of the rule of law in the state. Therefore, taking as the example Lithuanian case, the article analyses the peculiarities of the mechanism for appointing the justices of the Constitutional Court, and the reasons for the increasing incidence of untimely appointments of constitutional justices. Political interference in judicial appointment might be seen as a threat to independence of constitutional judges. However, the necessity to overcome the counter majoritarian difficulty doesn’t permit to eliminate the politicians from the appointment procedure. Therefore, the safeguards to the possible abuse of the powers given to the political actors participating in the appointment of constitutional judges should be determined and some particular criteria to take into account while choosing the appropriate candidacies must be applied. The wisdom of sages around the world is needed to keep the right balance between political interference and judicial independence and to ensure accordingly the respect of the rule of law in every step of the national legislation.

Musiał-Karg, Magdalena and Izabela Kapsa (eds), Elections in Times of a Pandemic: Dilemmas and Challenges: Experiences of the European Countries (Brill, 2024)
Abstract: The COVID-19 pandemic demonstrated that unexpected and unpredictable situations can hinder the conduct of general elections around the world. The book is a comprehensive analysis of the organization of elections during the COVID-19 pandemic. In addition to the theoretical perspective, it familiarizes the public with specific electoral solutions adopted during the pandemic in selected European countries (Italy, Germany, Lithuania, Serbia, Russia, Czech Republic, Estonia, Latvia, Liechtenstein, Poland). The editors believe that this book will bring closer the specific solutions adopted in the considered countries during the COVID-19 pandemic and provide readers with a multi-faceted understanding of elections in emergency situations.

Povylius, Kristijonas, ‘Virtual Criminal Proceedings: The Lithuanian Experience’ (2024) 17(1) Baltic Journal of Law & Politics 21–45
Abstract: Although remote criminal proceedings have existed in Lithuania for some time, they have never been used as extensively as during the COVID-19 pandemic. The pandemic demonstrated that remote criminal proceedings could help prevent the spread of infectious diseases and at the same time facilitate the criminal justice process by eliminating, for example, the need to spend time travelling to the location of the proceedings or wasting other resources. For this reason, even after the COVID-19 pandemic, remote criminal proceedings remained popular. However, the remote criminal process is not a neutral substitute for the in-person criminal proceedings. It has an impact on the traditional paradigm of criminal proceedings that is not always positive. This article discusses the regulation of remote criminal proceedings in Lithuania by presenting the findings of an empirical study of Lithuanian lawyers’ perspectives on the remote criminal process which surveyed more than 100 Lithuanian lawyers (judges, prosecutors, lawyers, and pre-trial investigation officers). The article discusses the main advantages and disadvantages of remote criminal proceedings noted by the professionals and identifies legal problems caused by such mode of proceedings. The paper seeks to demonstrate that the development of remote criminal proceedings should be carried out with caution, taking into account its impact on the quality of criminal proceedings and the rights of the participants.

Pranevičienė, Birutė, Violeta Vasiliauskienė and Harald Scheu, ‘COVID-19 Restrictions of Freedom of Movement in Czech Republic and Lithuania: Legal Basis and Proportionality’ (2021) 12 Czech Yearbook of Public and Private International Law 227–245
Abstract: The article analyzes the legal measures that were taken in connection with the COVID-19 pandemic and led to a massive restrictions of the freedom of movement in Lithuania and the Czech Republic. The authors focus on the legal basis of emergency measures in both states, the specific executive practice and the difficult role of the judiciary. Relevant Lithuanian and Czech legal measures, such as the closure of borders for different categories of persons, including citizens, quarantine measures restricting free movement between municipalities and districts or similar isolation measures, affected both the internal and the external dimensions of free movement.

Pranka, Darius, ‘Criminal Liability Nuances of Medical Negligence During the COVID-19 Pandemic’ (2022) 15(1) Baltic Journal of Law & Politics 117–140
Abstract: Under normal circumstances, the medical negligence of doctors in most European (continental) states is assessed within the limits of criminal liability under the criminal laws of each state, without exception in the case of COVID-19 or another pandemic. The author raises the question of whether doctors, in the performance of their duties and in the provision of treatment services during the COVID-19 pandemic, deserve any relief from their liability due to errors or negligence in the performance of their duties that have resulted in the consequences of damage to health or life loss of patients. The article provides an analysis of the special laws created for such situations and adopted in Poland and Italy while presenting the shortcomings and advantages of such legal regulation and distinguishing the discussion issues raised by legal scholars and practitioners of the abovementioned states. The author criticises the attempt to adopt a similar legal act in Lithuania and at the same time proposes to discuss the possibility of changing the existing legal regulation and setting limits on the criminal liability of doctors during the COVID-19 pandemic.

Pranskevičiūtė-Amoson, Rasa, ‘Impact of the COVID-19 Pandemic on Religion in Lithuania’ in Brian Conway et al (eds), Religion, Law, and COVID-19 in Europe: A Comparative Analysis (Helsinki University Press, 2024) 159–180 [OPEN ACCESS E-BOOK]
Abstract: To stop the pandemic, the government of Lithuania announced two quarantines, in periods that encompassed the major holidays of the year. The country imposed highly restrictive measures by banning public religious gatherings but allowing accommodations for private prayer in public places of worship. The chapter discusses the impact of COVID-19 pandemic on religion in Lithuania, focusing on the legal and sociological aspects of the issue. It analyses such questions as the relationship of religion and state in Lithuania during the COVID-19 pandemic when the government imposed different restrictions on religious groups (religious communities complying with the public health directives from the government and/or adopting voluntary restrictions on their activities following public health recommendations), the main legal texts that have affected religious life, regulations concerning specific areas of religious life, how collective religious life was affected during the pandemic including the importance of digital use, and how the pandemic has influenced people’s religiosity, including modifications of religious practices.

Sanders, Anne, ‘Video-Hearings in Europe before, during and after the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges.

Vasiliauskienė, Violeta et al, ‘The Legality of Human Rights Limitations Imposed by Covid-19 Green Passes in Lithuania and the Czech Republic’ (2023) 9(1) International Comparative Jurisprudence 64–79
Abstract: The aim of this article is to provide a comparative analysis of the regulation of the Opportunity Passport (hereinafter OP – a COVID-19 health status certificate) in Lithuania and an analogous document in the Czech Republic, and the legality of the limitations on human rights that were imposed by such rules. It describes the regulations imposed by the Lithuanian and Czech institutions and their development. Further, the requirement of the legality of limitations on human rights is discussed in the context of its application to the OP regulation, taking into consideration the jurisprudence of the Constitutional Court of Lithuania. The article also analyses the Tečka application, which was used for analogous purposes in the Czech Republic, in terms of its legal basis and problems related to the legality of human rights violations. The critical analytical method allows for an analysis of Lithuanian and Czech legislation on the management of the pandemic, the establishment of so-called green passports, and the relevant jurisprudence of the courts, leading to well-grounded conclusions. This method is also employed in the analysis of scientific literature, which allows concerns to be revealed regarding data protection in the process of the execution of the above-mentioned provisions. The comparative method allows the authors to compare the practice of the selected two states in the management of the pandemic and in the adoption of green passports. The article concludes that both documents regarding health status during the COVID-19 pandemic had similar aims and were introduced at similar times. However, the legal regulation of the Lithuanian OP has not yet been analysed by the courts. In Lithuania, the legality of the OP was questioned based on the fact that the relevant law on the protection of public health contains only succinct provisions on the limitation of human rights in such situations, and the question remains as to whether these provisions were sufficient for such limitations. In the Czech Republic, the concern was raised about the authority of the Ministry of Health to issue such documents as it had no legal basis. Furthermore, questions of privacy in the context of the Czech health passport were also pertinent.

Vebraite, Vigita and Goda Strikaite-Latusinskaja, ‘Digitalization of Justice in Lithuania’ in Katarzyna Gajda-Roszczynialska (ed), Impact of the COVID-19 Pandemic on Justice Systems: Reconstruction or Erosion of Justice Systems: Case Study and Suggested Solution (V&R Unipress, 2023) 223 [OPEN ACCESS E-BOOK]

Vigita, Vėbraitė, ‘Impact of the COVID-19 Pandemic on Court Proceedings in Lithuania’ (2020) 3(7) Access to Justice in Eastern Europe 156–159
Abstract: The pandemic of coronavirus COVID-19 has impacted almost all areas of life through out the word. Justice system in Lithuania was no exception. The effects of the pandemic have been felt till now (the article was finished at the end of August), even if the lockdown was ended on the 16th of June and until now country remains under the conditions of an emergency situation. This article will describe the most important effects of the pandemic to the court proceedings in Lithuania and what lessons could be learned from this situation.

Luxembourg

Zetzsche, Dirk A et al, ‘The COVID-19-Crisis and Company Law: Towards Virtual Shareholder Meetings’ (University of Luxembourg Faculty of Law, Economics & Finance No WPS 2020-007, 15 April 2020)

Abstract: Legislation responding to COVID-19 allows us to examine how, and to what effect, the corporate governance framework can be amended in times of crisis. Almost all leading industrialized nations have already enacted crisis legislation in the field of company law. Here, given the difficulties or indeed the impossibility of conducting in-person meetings currently, the overall trajectory of company law reforms has been to allow for digitalization.We note five fields in which legislators have been particularly active. First, the extension of filing periods for annual and quarterly reports to reflect the practical difficulties regarding the collection of numbers and the auditing of financial statements. Second, company law requires shareholders to take decisions in meetings – and these meetings were for the most part in-person gatherings. However, since the gathering of individuals in one location is now at odds with the measures being implemented to contain the virus, legislators have generally allowed for virtualonly meetings, online-only proxy voting and voting-by-mail, and granted relief to various formalities aimed at protecting shareholders (including fixed meeting and notice periods). Third, provisions requiring physical attendance of board members, including provisions on signing corporate documents, have been temporarily lifted for board matters. Fourth, parliaments have enacted changes to allow for more flexible and speedy capital measures, including the disbursement of dividends and the recapitalization of firms, having accepted that the crisis impairs a company’s equity. Fifth and finally, some countries have implemented temporary changes to insolvency law to delay companies’ petitioning for insolvency as a result of the liquidity shock prompted by the imposition of overnight lockdowns.This working paper seeks to (1) document the respective crisis legislation; (2) assist countries looking for solutions to respond rapidly and efficiently to the crisis; (3) exchange experiences of crisis measures; and (4) spur academic discussion on the extent to which the crisis legislation can function as a blueprint for general corporate governance reform. Countries considered in full or in part include Australia, Austria, Belgium, Canada, China, France, Germany, Hong Kong, India, Italy, Luxembourg, the Netherlands, Norway, Portugal, Singapore, South Korea, Spain, Switzerland, Thailand, the United Kingdom, and the United States. Readers are encouraged to highlight any inaccuracies on the part of the authors in their presentation of the respective laws, and to bring further crisis-related legislation not considered in this working draft to the attention of the authors. Moreover, readers are invited to indicate where there is room for improvement therein, and/or to signal the need for policy reform.

Malta

Bondin, Annalise (2021), ‘The Impact of Covid-19 on Maltese Contract Law : Can the Absolute Binding Force of Contracts Be Mitigated under These Exceptional Circumstances?’ (Masters Thesis, Faculty of Law, Uniiversity of Malta, 2021)
Abstract: In 2020, COVID-19 took the world by storm and had an unprecedented negative impact on numerous businesses and individuals worldwide. In an effort to slow the spread of the virus, the State imposed restrictions and regulations consequently affecting the ability of many to honour contractual obligations. Essentially this triggered the writer to pursue the leitmotif of this dissertation, namely, the impact of COVID-19 on the performance of contractual obligation. Contracts legally entered into require the observance of the maxim pacta sunt servanda. This analytical overview addresses this legal concept binding unvitiated contracts, and the limited existent grounds allowed by law for the rescission, revision, or renegotiation of contracts under change of circumstances. This study is a product of a comparative law analysis of the exemptions to the doctrine of the sanctity of contract, namely the clausula rebus sic stantibus, the doctrine of impossibility, doctrine of frustration and force majeure. It examines to what extent the Court may discharge a party from its contractual obligations due to the changed circumstances. In its entirety the study concerns contracts that were contracted prior to the outbreak of COVID-19 and which have become onerous due to difficulties brought about by this nouveau pandemic. Ultimately this dissertation seeks to address the question whether the absolute binding force of contracts should be mitigated under these exceptional circumstances. :

Inozemtsev, Maxim I, ‘Legal Regulation of Crypto-Asset Markets in the EU in the Post-COVID Period’ in Vladimir S Osipov (ed), Post-COVID Economic Revival, Volume I: Sectors, Institutions, and Policy (Springer, 2021) 315–326
Abstract: This chapter examines the theoretical understanding and legal regulation of the European crypto-asset market in the post-COVID period, including compatibility of the proposed draft unified legal framework for the crypto-assets circulation with the legal order of the EU member states (Germany, Malta), as well as the competition between the EU legal order and the legislation of the advanced European countries (Switzerland, Liechtenstein) in the field of legalizing crypto-assets. The traced evolution of legal regulation in the field of crypto-assets circulation allows us to conclude that the EU institutions are working quite effectively and consistently to give a ‘pan-European response’ to the challenges of digitalization, but there are some difficulties in synchronizing the created European legal framework with the interests of the EU member states and their often more advanced regulation. The results of the study of the problems of regulating crypto-assets in the European Union contribute to the development of the Russian scientific doctrine in the field of crypto-assets circulation allowing us to adjust the digital assets and digital currencies legalization model in Russia, also laying the foundation for forming supranational legal foundations that will let crypto-assets circulate in the Eurasian Economic Union.

Moldova

Manole, Domnica, ‘Rule of Law and the Pandemic: The Experience of the Republic of Moldova’ in Rainer Arnold and Javier Cremades (eds), Rule of Law and the Challenges Posed by the Pandemic (Springer, 2023) 251–253
Abstract: Since 2019, most constitutional courts and supreme courts in the world have faced cases where laws of parliaments or measures of executives related to emergencies are challenged. With the outbreak and spread of the COVID-19 pandemic, the Constitutional Court of Moldova has resolved some applications in this regard. The pandemic has been a challenge for the constitutional judges and at the same time it has brought to them the satisfaction of effectively guaranteeing human rights during exceptional situations.

Petroia, Andrei and Elena Zubcova, ‘Financing of the Anti-COVID-19 Immunization Process in the Republic of Moldova’ (SSRN Scholarly Paper No ID 3779843, 5 February 2021)
Abstract: The immunization is a multidimensional process, with an integrated approach to the health system, and provides quality, safe immunization services, provided to the population fairly at all levels of health care.The Government of the Republic of Moldova fully finances the procurement of vaccines and consumables, as well as the services provided under the National Immunization Program, and their implementation is carried out with the involvement of the health system, central authorities and local public administration with the involvement of society as a whole and of each individual.The Republic of Moldova and most countries of the world use vaccination programs as a platform for safety and security of individual and public health. The objectives of national immunization programs are to eliminate or reduce morbidity, disability and mortality. At the same time, the well-being of the community can be measured by the degree of preparedness and ability to cope with major public health emergencies, including those caused by vaccine-preventable infectious diseases.

Roudik, Peter et al, ‘Freedom of Expression during COVID-19’ (Law Library of Congress Legal Report, September 2020)
Abstract: This report, prepared by the research staff of the Law Library of Congress, surveys legal acts regulating mass media and their ability to distribute information freely during the Covid-19 pandemic. The report focuses on recently introduced amendments to national legislation aimed at establishing different control measures over the media outlets, internet resources, and journalists in 20 selected countries around the world where adoption of such laws has been identified, namely: Armenia, Azerbaijan, Bangladesh, Belarus, El Salvador, India, Kazakhstan, Kenya, Kyrgyzstan, Mauritius, Moldova, Nepal, Nicaragua, Pakistan, Russia, South Africa, Sri Lanka, Tajikistan, Ukraine, and Uzbekistan.

Zabuha, Yuliia Yu, Tetiana O Mykhailichenko and Svitlana V Rak, ‘Legal Regulation of Epidemic Security under the COVID-19 Pandemic Conditions in Some Post-Soviet Countries and Poland’ (2020) 73(12 cz 2) Wiadomosci Lekarskie 2758–2767
Objective: The aim: To reveal the features of the epidemic safety and security legal regulation in Belarus, Kazakhstan, Moldova, Poland, Russia and Ukraine during the COVID-19 pandemic. Patients and Methods: Materials and methods: This study is based on Belarusian, Kazakh, Moldavian, Polish, Russian and Ukrainian regulatory acts as well as national court judgments. Such methods as dialectical, comparative, analytic, synthetic, comprehensive, statistical and generalization approaches have been used in the article. Conclusions: the study confirmed that the direct impact on the spread and dynamics of morbidity during the COVID-19 pandemic in the countries to be analyzed is determined by: the presence of government agencies and special institutions involved in combating, preventing and monitoring the spread of infectious diseases and their readiness for effective measures in emergency situations caused, in particular, by epidemics; timeliness and duration of quarantine restrictions, their severity and scope; observance of these restrictions by the population; effectiveness of law enforcement responses to violations. The strengthening of administrative and/or criminal liability had no significant impact on the morbidity situation in the country.

Montenegro

Damjanović, Biljana, Sanja Grbović and Danilo Ćupić, ‘Legal and Economic Consequences of The Violation of Individual Privacy and Data Protection Rights During the Covid-19 Pandemic’ (Preprints, No 2023010465, 26 January 2023)
Abstract: The basic constitutional freedoms and rights of a person and citizen are in principle unlimited: the full scope of their exercise is the rule, and the restriction determined by law can only be an exception based on explicit constitutional authority and the legitimate aim of the restriction determined by the Constitution. That being so, the restrictions - in addition to being based on constitutional authority and pursuing constitutional objectives - should be commensurate with the needs to achieve these objectives. This means that restrictive legal rules must be suitable for achieving the legitimate aim pursued, must not be stricter than necessary and must be balanced between the constitutionally guaranteed subjective right of the individual and the interests of society. In this scholar paper, the authors point out the economic and legal consequences of the violation of individual privacy and data protection rights caused by the public disclosure of personal data of people who, at a certain time, were obliged to self-isolate due to suspicion of Covid-19 virus infection.

Hoxhaj, Andi and Fabian Zhilla, ‘The Impact of COVID-19 Measures on the Rule of Law in the Western Balkans and the Increase of Authoritarianism’ (2021) 8(4) European Journal of Comparative Law and Governance 271–303
Abstract: Abstract This article offers a comparative analysis of the covid-19 legal measures and model of governance adopted in the Western Balkans countries (Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Serbia and Kosovo) and its impact on the state of the rule of law, and ability of parliament and civil society to scrutinise government decisions. The article assesses the governments’ approaches to introducing and enforcing covid-19 legal measures, and shows examples of how covid-19 has exposed more openly the weaknesses in the existing system of checks and balances in the Western Balkans. The article offers new insights into how covid-19 presented a new opportunity for leaders in the Western Balkans to implement further their authoritarian model of governance in undermining the rule of law. This article offers suggestions on how the EU could respond, through its accession conditionality instruments and civil society, to redirect this trend towards more state capture.

Netherlands

Adams, Maurice et al, ‘Netherlands: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2024)
Abstract: On 27 February 2020, the first patient tested positive for Covid-19 in the Netherlands (population 17.7 million people). This marked the beginning of three significant waves of Covid-19 infections: from March to June 2020, from September 2020 to February 2021, and from March to June 2021. According to Statistics Netherlands, 20,200 people died from Covid-19 in 2020, 19,600 in 2021, and 8,200 in 2022.1 The Dutch public healthcare system was not equipped to deal with a protracted health crisis on a national scale, and neither was the crisis management structure. The health care system came under severe strain. The central government, in particular the Cabinet and the Ministry of Health, Welfare and Sports, the National Institute for Public Health and the Environment, the Municipal Health Services, regional and local government, care providers, and other institutions and organizations had to improvise in order to address the pandemic. The prime policy focus was on sufficient hospital capacity, especially in intensive care units, to treat vulnerable patients. There was less coordinated policy attention for the effects of the crisis on, for example, nursing homes and mental healthcare institutions, or on the wider societal impact on sectors such as education and cultural institutions.

Berg, Angela van der and Marius Pieterse, ‘Governing Urban Crisis Through Adaptive Urban Law: Lessons from City Responses to COVID-19 in the Netherlands and South Africa’ (2024) 20(1) Utrecht Law Review 1–18
Abstract: The global Covid-19 pandemic exposed the fragility of urban systems and underscored the need to recalibrate regulatory and institutional frameworks for an anticipated crisis-prone future. This article explores the notion of ‘adaptive law and governance’; as a lens through which city authorities can test and modify legal and governance responses to future urban crises. It compares the experiences of managing Covid-19 in the two biggest cities in the Netherlands (Amsterdam and Rotterdam) and in South Africa (Johannesburg and Cape Town). This comparison, between two sets of urban municipal governments functioning under different constitutional systems and in different socio-economic contexts, provides insights pertaining to how adaptive urban governance during the pandemic was constrained or enabled by the interaction between the regulatory and institutional frameworks for and political realities of urban autonomy and intergovernmental relations. The article demonstrates that cities that govern within a flexible and decentralised legal and governance system are better positioned to develop and implement responsive measures to address crises or uncertainty. To enhance resilience, legal systems should promote transparent, risk-responsive, and reflective local governance tools to enable agile, context- specific and decisive crisis responses that can be employed as a matter of course rather than exception.

Bergkamp, Lucas, ‘State Liability for Failure to Control the COVID-19 Epidemic: International and Dutch Law’ (2020) 11(2) European Journal of Risk Regulation Special Issue-‘Taming COVID-19 by Regulation’ 343-349
Abstract: The COVID-19 epidemic has caused governments in Europe to impose a variety of measures to fight the spread of the disease. Some governments have adopted relatively relaxed measures or adopted strict measures late, while some have been more proactive and implemented restrictions early on. This article discusses the potential liability of governments in relation to negligence and omissions with respect to COVID-19 measures. The focus is on China and The Netherlands. State liability can arise if governments have been negligent in addressing the threat of the COVID-19 epidemic, specifically where they have created risks due to not implementing restrictions or not doing so in a timely manner, or otherwise have failed to protect public health and human lives. These issues are analysed with reference to international law and the laws of The Netherlands, which has a well-developed – albeit idiosyncratic – system of state liability. Of course, it is also possible that governments are liable for damages caused by measures to fight COVID-19. For example, regulations requiring the closure of cafes and restaurants will cause economic harm to the operators thereof. This kind of potential liability is not discussed in this article. It should be noted, however, that governments are likely to offer compensation for the damages caused by these measures.

Bosua, Rachelle, Damian Clifford and Megan Richardson, ‘Contact-Tracing Technologies and the Problem of Trust: Framing a Right of Social Dialogue for an Impact Assessment Process in Pandemic Times’ (2023) 5(2) Law, Technology and Humans 193–204
Abstract: While technologies offer potentially powerful tools to help address complex social challenges, experience shows that they may fail to meet expectations and may also raise challenges of their own, including for privacy and other data rights. To what extent can these difficulties be ascribed to a lack of public trust undermining the technologies’ effectiveness and disputing their legitimacy? The Australian and Dutch pandemic contact-tracing apps considered in this article suggest part of an answer to this question. As our case studies show, the greater efforts made by the Dutch Government to address a range of rights and provide for wide consultation in the CoronaMelder app’s various impact assessments paid off in terms of a better-designed app that was more broadly conversant with human rights than its Australian COVIDSafe counterpart, and was also more trusted—even if these benefits were still marginal compared to manual contact-tracking, especially in already marginalised communities. We argue that the Dutch experience should now be taken further to frame a right of social dialogue allowing data rights subjects to participate fully in the impact assessment process. We hope (and expect) this would result in better decision-making and improved public trust in ‘truly trustworthy’ technologies developed and deployed in response to a pandemic. However, ultimately, our more basic argument is that rights, premised on dignity and liberty, are of value and should be respected, including—indeed especially—in pandemic times.

Cavalcanti, Maria Francesca and Matthijs Jan Terstegge, ‘The COVID-19 Emergency in the Netherlands: A Constitutional Law Perspective’ 43(2) DPCE Online 2037–6677
Abstract: With the Covid-19 (the Coronavirus) outbreak in Europe, starting at the beginning of February 2020, the Dutch government was forced to take drastic measures to control it. These measures impacted the social and economic life of the people living the Netherlands as well as their businesses in a severe way. These measures limited inter alia some of the fundamental rights as protected by the Dutch Constitution. This article describes the juridical framework in which the measures to combat Covid-19 are taken. More specifically, it focuses on the way in which the Dutch state is organised and the division of power between the higher and lower authorities and the legal instruments these various authorities have. In addition, a brief overview is given of the various measures taken by the authorities.

van der Donk, Berdien, ‘Should Critique on Governmental Policy Regarding COVID-19 Be Tolerated on Online Platforms? An Analysis of Recent Case-Law in the Netherlands’ [2021] Journal of Human Rights Practice (forthcoming)
Abstract: This policy and practice note describes and discusses two recent decisions by the District Court in Amsterdam regarding the applicability of YouTube’s and Facebook’s Community Guidelines on COVID-19 misinformation. The decisions (Café Weltschmerz /YouTube and Smart Exit/Facebook) illustrate the tense intersection between, on the one hand, the possibility to express critique on the government’s policy to fight the outbreak of COVID-19 in the Netherlands, and on the other hand, the prevention of (dis)information with the potential to harm public health. The author will point out that the two decisions, although covering merely the same subject matter, differ significantly in argumentation regarding the (scope of the) application of the freedom of expression. Analysing this divergence in argumentation will show that the root of the difference can be traced back to a different valuation of the role of the online platforms regarding the dissemination of speech. A debate on this divergence is needed to prevent inconsistency in future decisions and contributes to the broader discussion on content regulation in the European Union.

van Soolingen, Inez, ‘Behind God’s Doors: Critical Remarks Regarding the Protection of Religious Activities in Places of Worship during the COVID-19 Pandemic in The Netherlands’ (2022) 34(1) European Review of Public Law_
_Abstract: The COVID-19 pandemic urges governments worldwide to take sufficient measures to stop the spread of the SARS-CoV-2 virus. As a result, policy makers must keep re-evaluating measures that protect public health on the one hand but might infringe fundamental rights and freedoms on the other. For example, some measures taken in The Netherlands regard group size, thus limiting the right to freedom of assembly. Places of worship have been and are currently exempted from measures, including the obligation to wear a face mask and show a valid ‘COVID-pass’ at the entrance. However, a legislative proposal is now pending which includes the possibility to close places of worship in case of a COVID-19 outbreak. This paper discusses the evolution of the Dutch COVID-19 measures with respect to places of worship, and places some critical remarks at the former and current COVID-19 policy as well as the pending legislative proposal.

Eichelsheim, Veroni et al, ‘Stay Home, Stay Safe? Short- and Long-Term Consequences of COVID-19 Restrictions on Domestic Violence in the Netherlands’ in Mathieu Deflem (ed), Crime and Social Control in Pandemic Times (Emerald, 2023) 55–71
Abstract: This chapter provides an overview of the results so far within the Stay Home, Stay Safe research project in the Netherlands. The project started in the early days of the COVID-19 pandemic and is aimed at examining short- and long-term consequences of restrictions taken to control the spread of the COVID-19 virus on domestic violence (DV). Restrictions may have resulted in social isolation and familial stress, which in turn may have led to an increase in DV. The main research question is whether, and if so which types of, DV increased during periods of COVID-19 restrictions.

Eichhorst, Werner, Anton Hemerijck and Gemma Scalise, ‘Welfare States, Labor Markets, Social Investment and the Digital Transformation’ (IZA Discussion Paper No 13391, 22 June 2020)
Abstract: Barely having had the time to digest the economic and social aftershocks of the Great Recession, European welfare states are confronted with the even more disruptive coronavirus pandemic as probably, threatening the life of the more vulnerable, while incurring job losses for many as the consequence of the temporal ‘freezing of the economy’ by lockdown measures. Befor the Covid-19 virus struck, the new face of the digital transformation and the rise of the ‘platform’ economy already raised existential questions for future welfare provision. The Great Lockdown - if anything - is bound to accelerate these trends. Greater automation will reinforce working from home to reduce Covid-19 virus transmission risks. At the same time, the Great Lockdown will reinforce inequality, as the poor find it more difficult to work from home, while low-paid workers in essential service in health care, supermarket retail, postal services, security and waste disposal, continue to face contagion risks. And although popular conjectures of ‘jobless growth’ and ‘routine-biased’ job polarization, driven by digitization and artificial intelligence, may still be overblown, intrusive change in the nature of work and employment relations require fundamental rethinking of extant labour market regulation and social protection. Inspired more by adverse family demography than technological change, social investment reform has been the fil rouge of welfare recalibration since the turn of the century. Is social investment reform still valid in the new era of ‘disruptive’ technological transformation in aftermath of Coronavirus pandemic that is likely to turn into the worst recession since the second world war? Empirically, this chapter explores how Germany, Italy and the Netherlands, in terms of the strengths and vulnerabilities of their labour market to digitization, together with their respective social investment aptitude, are currently preparing their welfare states for the intensification of technological change in the decade ahead.

Gundt, Nicola, ‘The COVID-Specific Measures in the Netherlands – Do They Fit into the General Picture?’ (2021) 2(19) Z Problematyki Prawa Pracy i Polityki Socjalnej 1–16
Abstract: This article discusses the nature of the Dutch COVID relief measures for employers concerning wage costs. The question is raised whether the ad-hoc decrees fit into the general picture of Dutch labour law and respects the two key principles (1) safeguarding employees’ income and (2) requesting employee flexibility with regard to the work in case the exact job does not exist any more or is under serious threat. The contribution finds that the emergency legislation does respect these two main principles, while judges refuse substantial modifications of wages and/or working hours on the basis of reasonableness, also upholding the key principles of employee protection.

Hondius, Ewoud, ‘Corona, Millennium and the Financial Crisis’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: Corona may be a new issue, but epidemics are not. Legal issues related to epidemics are of all times. Two disasters which struck in recent times were the millennium bug and the financial crisis. This paper deals with the question how Dutch law has coped with the corona crisis. More in particular it addresses how the 1992 Civil Code’s new provision on unforeseen circumstances has been (non) applied in practice. The paper then turns to two international developments: the work of the International Chamber of Commerce – see also the paper by Denis Philippe in this volume – and the work of the Common core of European private law (Trento) project.

Hoops, Björn, ‘Combatting the COVID-19 Pandemic in the Netherlands’ in Arianna Vedaschi (ed), Governmental Policies to Fight Pandemic: The Boundaries of Legitimate Limitations on Fundamental Freedoms (Brill, 2024) 267–285
Abstract: The measures to combat the pandemic restricted the fundamental rights guaranteed by the Dutch Constitution (Grondwet; Gw) and the European Convention of Human Rights (ECHR) to an extent that had been unseen since the second World War. While public health can certainly be a ground of justification, the essential questions concern the legal basis for these measures in legislation or some type of emergency law and the extent to which public health justifies such measures. This contribution first sets out the legal basis for, and the general approach to the lawfulness of, measures combatting the pandemic in the Netherlands (section 2). Section 3 outlines the specific restrictions imposed by Dutch authorities, and Section 4 scrutinises how the judiciary evaluated their lawfulness and where possible boundaries to the state’s power to combat the pandemic may lie.

Loos, Marco, ‘Homeward Bound: Package Travel and Unforeseen Circumstances Case Note to Geschillencommissie Reizen 22 September 2020, Reference Code 9916/33919, and to Geschillencommissie Reizen 30 September 2020, Reference Code 28181/33982’ [2021] REDC - European Journal of Consumer Law (forthcoming)
Abstract: Since the outbreak of the Covid-19 pandemic, package travel contracts have been cancelled throughout the world, both before and after departure of individual consumers. In this paper I will discuss whether and to what extent courts and recognised ADR entities may rely on national contract law rules on unforeseen circumstances in other to tackle the consequences of the pandemic for package travel contracts or whether the 2015 Package Travel Directive does not allow for the application of such rules.

Oude Breuil, Brenda, ‘Protecting Whom, Why, and from What? The Dutch Government’s Politics of Abjection of Sex Workers in Times of the COVID-19 Pandemic’ (2023) 24(2) Human Rights Review 217–239
Abstract: Sex workers in the Netherlands experienced severe financial and social distress during the COVID-19 health crisis. Notwithstanding them paying taxes over the earnings, they were excluded from government financial support, faced discriminatory treatment concerning safe reopening, and experienced increased repression and stigmatization. In this contribution, I explore whether the concept of ‘vulnerability’ contributes to understanding (and addressing) that situation. Data acquired through participatory action research, partly taking place online during lock-down measures, and literature and content analysis show that labeling sex workers ‘vulnerable’ deflects attention away from the (in)actions of Dutch authorities responsible for sex workers’ precarious conditions during the pandemic. Government denial and strategies of abjection explain these conditions better than ‘vulnerability’ does, as they return the gaze to actors and processes accountable for sex workers’ exclusion and criminalization during the COVID-19 health crisis and thereby put responsibility where it belongs.

Reinders Folmer, Chris et al, ‘Compliance in the 1.5 Meter Society: Longitudinal Analysis of Citizens’ Adherence to COVID-19 Mitigation Measures in a Representative Sample in the Netherlands in Early April, Early May, and Late May’ (Amsterdam Law School Research Paper No 2020–33, University of Amsterdam, 2020)
Abstract: In the month of May, the Netherlands moved out of the ‘intelligent lockdown’, and into the ‘1.5 meter society’, which aims to mitigate the COVID-19 pandemic by means of safe-distance measures. This paper assesses how Dutch citizens have complied with these social distancing measures. It analyses data from two surveys conducted in May (between 8-14 and between 22-26) among nationally representative samples (N = 984 and N = 1021). We find that a combination of factors explains social distancing compliance. On the one hand we see that people are more likely to comply if they have an intrinsic motivation to do so, when they have the capacity to comply, when they have good impulse control, when they think compliance is normal, and when they see a general duty to obey rules generally. The paper also assesses how compliance has changed over time, assessing changes in May as well as how these are different from compliance with lockdown measures in April. During this period, there has been a gradual decline in compliance that coincides with a decline in intrinsic motivations and capacity for compliance, and there has been an increase in opportunities to violate the measures. The paper assesses what these changes may mean for current and future success of COVID-19 mitigation measures.

Reinders Folmer, Chris et al, ‘Maintaining Compliance When the Virus Returns: Understanding Adherence to COVID-19 Social Distancing Measures in the Netherlands in July 2020’ (SSRN Scholarly Paper No ID 3682546, 28 August 2020)
Abstract: After its relative lenient, ‘intelligent lockdown’ approach to the COVID-19 coronavirus, the Netherlands has continued its singular trajectory in combating the pandemic. The month of July introduced further relaxations to prior mitigation measures, but also saw a resurgence of infections. This working paper examines how these developments are reflected in Dutch citizens’ compliance with safe-distance measures during this period. Building on our previous surveys during the months of May and June, we report the findings of two additional survey waves collected in early (7-10) and late (21-23) July among nationally representative samples (N = 1064 and N = 1023, respectively). The results show that the decline in compliance that was observed from May to June seems to have halted. At the same time, important predictors of compliance – such as citizens’ capacity to comply, perceptions of the threat of the virus, and support for mitigation measures – have ceased to decrease, or are increasing. Taken together, these findings suggest that Dutch citizens’ compliance with mitigation measures may be on the rise again. However, our findings also suggest that social norms for compliance continue to be eroding, which may continue to dampen citizens’ tendency to comply.

Reinders Folmer, Chris et al, ‘Sustaining Compliance with COVID-19 Mitigation Measures? Understanding Distancing Behavior in the Netherlands during June 2020’ (SSRN Scholarly Paper No ID 3682479, 28 August 2020)
Abstract: In the month of June, the Netherlands had continued its singular trajectory in combating the COVID-19 pandemic. After the transition from the ‘intelligent lockdown’ into the ‘1.5 meter society,’ the month of June heralded further relaxations of the prior mitigation measures. Building on our previous surveys during the month of May, this paper reports the findings of two additional survey waves collected in June (between 8-11 and between 22-26) among nationally representative samples (N = 1041 and N = 1033). The results show that the processes that sustained compliance during the month of May continued to be influential, especially citizens’ intrinsic motivation to comply, their capacity to do so, their impulse control, and social norms that sustained compliance. Furthermore, there were some indications that extrinsic reasons, such as the likelihood of punishment and the fairness of enforcement, may have become more influential in shaping compliance. A comparison to the findings from May revealed, however, that compliance was gradually declining in the Netherlands, as were the resources that sustain it.

Salah, Omar, ‘Netherlands: Economic Conditions: COVID-19’ (2020) 35(7) Journal of International Banking Law & Regulation N83–N85
Abstract: Details measures by the Netherlands’ Government to address the impact of the coronavirus pandemic on the economy, including provisions allowing companies to defer the payment of taxes, temporary reductions on the interest on overdue tax, and a guarantee enterprise facility which guarantees 50% of bank loans to corporate borrowers.

Siegel, Dina, ‘COVID-19: Policies, Trust and Crime in the Netherlands’ in Dina Siegel, Aleksandras Dobryninas and Stefano Becucci (eds), Covid-19, Society and Crime in Europe (Springer, 2022) 221–238
Abstract: The coronavirus arrived in the Netherlands at the end of February 2020 from Italy, followed by official measures a few weeks later which developed from the original ‘herd immunity’ policy, through ‘intelligent lockdown’ to ‘hard lockdown’ in the autumn of 2020. The policies were accompanied by social protests against the anti-Covid-19 measures. While there was a significant decrease in the number of street and property crimes recorded by the police, the numbers of other crimes remained stable, and some even increased. Particular attention will be paid here to organized crime, which became a priority of Dutch law enforcement in 2020. My sources of information include local media, national and international official reports and statistics provided by national law enforcement agencies and international statistics published by health institutions.

Stothers, Christopher and Alexandra Morgan, ‘IP and the Supply of COVID-19-Related Drugs’ (2020) 15(8) Journal of Intellectual Property Law & Practice 590–593
Abstract: Considers the implications for intellectual property law of the widespread collaboration between pharmaceutical companies in developing treatments for COVID-19. Examines the mechanisms developed in the UK, the US, Austria, Germany and the Netherlands for bypassing trading rights and patent rights.

Wierenga, Adriaan J and Jorrit Westerhof, ‘The Netherlands: Dutch COVID-19 Policy Viewed from a Fundamental Rights Perspective’ in Nadav Morag (ed), Impacts of the Covid-19 Pandemic (Wiley, 2022) 1–22
Abstract: In the early months of the COVID-19 outbreak in China late 2019, many Dutch people thought of it as something that was only happening somewhere far away. This sentiment changed after a large number of cases of infection were observed in Italy and Spain. This chapter focuses on the various legal instruments the Dutch government used to combat COVID-19 and the administrative bodies that were involved. It provides an introduction to the Dutch legislative framework for disaster management. The core of the municipal emergency powers consists of the power to issue emergency orders and emergency decrees as laid down in Articles 175 and 176 of the Gemeentewet 1992, respectively. National emergency law is the legal framework regarding exceptional circumstances wherein the central government cannot carry out its tasks within the ordinary framework.

Zetzsche, Dirk A et al, ‘The COVID-19-Crisis and Company Law: Towards Virtual Shareholder Meetings’ (University of Luxembourg Faculty of Law, Economics & Finance No WPS 2020-007, 15 April 2020)
Abstract: Legislation responding to COVID-19 allows us to examine how, and to what effect, the corporate governance framework can be amended in times of crisis. Almost all leading industrialized nations have already enacted crisis legislation in the field of company law. Here, given the difficulties or indeed the impossibility of conducting in-person meetings currently, the overall trajectory of company law reforms has been to allow for digitalization.We note five fields in which legislators have been particularly active. First, the extension of filing periods for annual and quarterly reports to reflect the practical difficulties regarding the collection of numbers and the auditing of financial statements. Second, company law requires shareholders to take decisions in meetings – and these meetings were for the most part in-person gatherings. However, since the gathering of individuals in one location is now at odds with the measures being implemented to contain the virus, legislators have generally allowed for virtualonly meetings, online-only proxy voting and voting-by-mail, and granted relief to various formalities aimed at protecting shareholders (including fixed meeting and notice periods). Third, provisions requiring physical attendance of board members, including provisions on signing corporate documents, have been temporarily lifted for board matters. Fourth, parliaments have enacted changes to allow for more flexible and speedy capital measures, including the disbursement of dividends and the recapitalization of firms, having accepted that the crisis impairs a company’s equity. Fifth and finally, some countries have implemented temporary changes to insolvency law to delay companies’ petitioning for insolvency as a result of the liquidity shock prompted by the imposition of overnight lockdowns.This working paper seeks to (1) document the respective crisis legislation; (2) assist countries looking for solutions to respond rapidly and efficiently to the crisis; (3) exchange experiences of crisis measures; and (4) spur academic discussion on the extent to which the crisis legislation can function as a blueprint for general corporate governance reform. Countries considered in full or in part include Australia, Austria, Belgium, Canada, China, France, Germany, Hong Kong, India, Italy, Luxembourg, the Netherlands, Norway, Portugal, Singapore, South Korea, Spain, Switzerland, Thailand, the United Kingdom, and the United States. Readers are encouraged to highlight any inaccuracies on the part of the authors in their presentation of the respective laws, and to bring further crisis-related legislation not considered in this working draft to the attention of the authors. Moreover, readers are invited to indicate where there is room for improvement therein, and/or to signal the need for policy reform.

North Macedonia

Dacev, Nikola, ‘Pandemic Law (Case of Republic of North Macedonia)’ (2024) 3(1) Journal of Law and Politics 5–15
Abstract: The pandemic defined as an epidemic spread to larger regions is not unknown in the world. There are many pandemics in history that have had far-reaching consequences for humanity like plague, cholera, flu, severe acute respiratory syndrome coronavirus (SARSCoV) and Middle East respiratory syndrome coronavirus (MERS-CoV). But so far there has been no pandemic of this magnitude and such consequences as the Covid-19 pandemic, with so many infected and dead people. It has literally paralyzed life and led to unprecedented health, economic, political consequences on a global scale. The blow from Covid-19 was so great that even after almost two years we can not say with certainty when and if we will return to normal life at all, i.e. life before the pandemic. Many countries around the world are still struggling to fight the virus. As was the case in every area, Covid-19 had a serious impact on the legal systems. Many countries were not ready to deal with the coronavirus with appropriate legislation in terms of implementing appropriate measures to help their citizens. Thus, due to the urgency of the situation, new laws to combat the coronavirus were adopted in a speedy manner, and in some countries a number of decrees with a force of law were adopted in a state of emergency such as the case of North Macedonia. In this paper I will refer to the content of some of those decrees in North Macedonia, the need for them, the disputed provisions, especially those that directly violate the basic human rights guaranteed by the Constitution of the Republic of North Macedonia. The key question that needs to be answered is the appropriateness of those measures contained in the decrees, whether and to what extent they prevented the spread of the virus. But it is also equally important to find the answer to the question of the role of the legal systems, whether law as such will continue to exist in the same form and with the same content or we are already in the process of creating the so-called pandemic law.

Hoxhaj, Andi and Fabian Zhilla, ‘The Impact of COVID-19 Measures on the Rule of Law in the Western Balkans and the Increase of Authoritarianism’ (2021) 8(4) European Journal of Comparative Law and Governance 271–303
Abstract: This article offers a comparative analysis of the covid-19 legal measures and model of governance adopted in the Western Balkans countries (Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Serbia and Kosovo) and its impact on the state of the rule of law, and ability of parliament and civil society to scrutinise government decisions. The article assesses the governments’ approaches to introducing and enforcing covid-19 legal measures, and shows examples of how covid-19 has exposed more openly the weaknesses in the existing system of checks and balances in the Western Balkans. The article offers new insights into how covid-19 presented a new opportunity for leaders in the Western Balkans to implement further their authoritarian model of governance in undermining the rule of law. This article offers suggestions on how the EU could respond, through its accession conditionality instruments and civil society, to redirect this trend towards more state capture.

Misheva, Kristina and Marija Ampovska, ‘The Legal Aspects of Telehealth’ (2022) 6 EU and Comparative Law Issues and Challenges Series (ECLIC) 393–409
Abstract: Telehealth seems to be the new normal in this fast-changing environment. According to the European Commission eHealth was among the highest priorities before the COVID -19 pandemic. Transformation of health and care in the digital single market is among the EU`s six political priorities of the Commission 2019-2024 (2018 Communication on Digital Health and Care). The pandemic caused by COVID-19 just accelerates the necessity of the inclusion of digital health into the traditional healthcare systems. Telehealth services are among the biggest eHealth trends in EU. Therefore, one of the challenges is the national, regional and regulatory priorities regarding telehealth. There is lack of telehealth special legislative and governmental policies that needs to stimulate the developing and innovative solutions in medicine through technology and to envisage the upcoming innovation technology. Therefore, the government support and adequate policy making is important to support the development of the telehealth services. One of the main challenges is the electronic transactions of patient data among the telehealth providers and services and the cross-border patient data share. Another issue is the exchange of information among the national health institutions and providers and their interoperability. The Macedonian legislation does not have special legislation (policies, or laws) about telehealth. Telehealth is regulated as a term in the Law on health protection. Additionally, there is a lack of national acts, literature, and research in this subject matter. Thus, this paper will explore the telehealth from two main perspectives: scientific theories and legal practice and the users’ practice. Hence, this paper will analyze the legislation about the telehealth on the EU level and the EU Member States and the Macedonian legislation and the impact on the e-health that was made during COVID-19 pandemic. Furthermore, it will make comparative analyses among different countries into the EU zone compared with the EU aspirant country- the Republic of North Macedonia. A survey conducted among doctors in private and public healthcare institutions in the primary, secondary, and tertiary healthcare levels in the city of Stip and in the city of Skopje will provide data about the challenges, risks, and trends in telehealth before and during COVID -19.

Stefanovska, Vesna, ‘Divergences from the Separation of Powers in Times of Emergency with Special Emphasis to the Republic of North Macedonia’ (2021) 6(3) Journal of Liberty and International Affairs 52–61
Abstract: The worldwide pandemic caused by the coronavirus has disturbed the pure conception of the separation of powers. States forced by the newly established situation, declared a state of emergency, thus the Republic of North Macedonia was not an exception. This paper will focus on the divergences from the separation of powers in the countries from the Western Balkans and across Europe whose departure in the well-established system of checks and balances intrigued the media. The case of North Macedonia was maybe the most interesting because in time of declaring the state of emergency by the President of the Republic, the legislative branch of power – the Assembly was dissolute which meant that the already difficult situation became more complicated to establish a balance between the branches of power to function in protecting the general health of the citizens and the fundamental human rights and freedoms.

Norway

Årsheim, Helge, ‘Pillars or Perils of Society? Exploring the Role of Religion in the COVID-19 Pandemic in Norway’ in Brian Conway et al (eds), Religion, Law, and COVID-19 in Europe: A Comparative Analysis (Helsinki University Press, 2024) 335–351 [OPEN ACCESS E-BOOK]
Abstract: This chapter examines the relationship between the COVID-19 pandemic and religious communities, beliefs, and behaviours in Norway. The chapter briefly introduces the role of religion in Norwegian society prior to the pandemic, before tracking and assessing the trajectory of the pandemic and the fallout of the public health emergency measures introduced to contain the spread of the virus. Identifying three distinctive phases to these measures, the chapter points to numerous instances where religious communities were directly affected and examines their aftereffects.

Christensen, Tom and Per Lægreid, ‘Balancing Governance Capacity and Legitimacy: How the Norwegian Government Handled the COVID-19 Crisis as a High Performer’ (2020) 80(5) Public Administration Review 774–779
Abstract: This paper addresses how the Norwegian government has handled the corona pandemic. Compared to many other countries Norway performs well in handling the crises and this must be understood in the context of competent politicians, a high trust society with a reliable and professional bureaucracy, a strong state, a good economic situation, a big welfare state and low density of the population. The government managed to control the pandemic rather quickly by adopting a suppression strategy, followed by a control strategy, based on a collaborative and pragmatic decision-making style, successful communication with the public, a lot of resources and a high level of citizens’ trust in government. The alleged success of the Norwegian case is about the relationship between crisis management capacity and legitimacy. Crisis management is most successful when it is able to combine democratic legitimacy with government capacity. :

Erkkilä, Tero, Juho Mölsä and Ella Vähäniitty, ‘Nordic Legal Overseers and Institutional Openness in Crises: Challenges and Adaptation during the COVID-19 Pandemic’ [2024] Scandinavian Political Studies (advance article, published online 3 November 2024)
Abstract: We analyze challenges and adaptation strategies of Nordic legal overseers, the Parliamentary Ombudsmen and Chancellors of Justice in Denmark, Finland, Norway and Sweden, amid the COVID-19 crisis. We study how the accountability capacities of the legal overseers were affected when standard practices of inclusive decision-making were severed, and how they adapted to these challenges. Furthermore, we seek to understand what explains observed variation in the degree of challenges and needed adaptation measures. The observed challenges include increased and sometimes politicized caseload, limited expertise in medical field and conflicting or underdefined mandates among the institutions. The challenges and adaptation were conditioned by institutional traditions and ad-hoc arrangements in crisis management. In Finland and Sweden, the legal overseers became prominent sites for legal and public accountabilities of crisis governance and experienced more acute organizational challenges from increased and politicized caseloads as actors were seeking alternative accountability forums when participation and openness were severed. In Norway and Denmark, where other institutions were prominent in overseeing crisis governance and its legality, the legal overseers had a more pressing need to adapt for an evolving organizational landscape with new ad-hoc arrangements to oversee crisis management. Contributing to institutional approach on accountability and ombudsman research, we find a dynamic relationship between the government openness and legal oversight where the constraints for openness in crisis governance led to various challenges for the legal overseers’ accountability capacities but to which they adapted by promoting openness as a right as well as an enabling mechanism for other accountability institutions.

Gerell, Manne et al, ‘COVID-19 Restrictions, Pub Closures, and Crime in Oslo, Norway’ (2022) 23(2) Nordic Journal of Criminology 136–155
Abstract: Alcohol consumption and crime are closely linked and there is often more crime near pubs and bars. Few studies have considered the impact of restricting access to pubs or bars on crime, and the present study aims to provide more insight into this by using the restrictions to combat the COVID-19 pandemic as a natural experiment. In Oslo, Norway, alcohol serving was banned twice during 2020, and at other times during the year, restrictions were placed on how late it could be served. In the present paper, these restrictions are analysed, alongside more general COVID-19 restrictions, to assess their association with crime. To identify these, we employ negative binomial regression models of daily crime counts for nine types of crime adjusted for the day of the week, the week of the year, and the year itself. This is in addition to the presence, or absence, of alcohol-related restrictions and more general COVID-19 restrictions. The findings suggest that both, general restrictions and bans on serving alcohol, reduced crime, although not universally across all crime types and times of the day. When pubs are ordered not to sell alcohol after midnight there appears to be an unexpected increase in crime.

Gesley, Jenny, ‘Regulating Electronic Means to Fight the Spread of COVID-19’ (Law Library of Congress Legal Report, June 2020)
Note: This page includes a comparative summary, and links to the full report and a COVID-19 Contact Tracing Apps world map. Extract from Introduction: This report surveys the regulation of electronic means to fight the spread of COVID-19 in 23 jurisdictions around the globe: Argentina, Australia, Brazil, China, England, France, Iceland, India, Iran, Israel, Italy, Japan, Mexico, Norway, Portugal, the Russian Federation, South Africa, South Korea, Spain, Taiwan, Turkey, the United Arab Emirates, and the European Union (EU). :

Haug, Are Vegard (ed), Crisis Management, Governance and COVID-19: Pandemic Policy and Local Government in the Nordic Countries (Edward Elgar, 2024) [OPEN ACCESS E-BOOK]
Book summary: This topical book presents a bottom-up perspective on the crisis management, policies, organisation and functioning of democracy across five Nordic countries during the COVID-19 pandemic. Based on a four-year comparative study of Denmark, Finland, Iceland, Norway and Sweden, it considers the divergent local and regional management strategies employed as the crisis unfolded. Chapters consider how the pandemic jeopardised the Nordic countries’ high levels of decentralisation and citizen trust in government institutions, and the devolution of functions to local government. They explore the severe and restrictive measures employed to control the spread of the virus, and whether these evolving regimes respected civil rights and the principles of subsidiarity and proportionality. Brought together under the overarching perspective of institutional polycentrism, the book draws on a variety of theoretical strands, including theories of multi-level governance, crisis management, and organisational dependency. With empirical data, population and leader surveys and country case-studies, it presents the experiences of Nordic citizens and examines whether their trust in government was sustained or eroded.

Holmøyvik, Eirik, Benedikte Moltumyr Høgberg and Christoffer Conrad Eriksen, ‘Norway: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2023)
Abstract: The response to the pandemic has not changed the basic constitutional structure of the state. However, certain measures have created tensions in the division of powers between the executive and the legislative branches, as well as between national and local authorities.

Jøranson, Nina et al, ‘Older Patients’ Perspectives on Illness and Healthcare during the Early Phase of the COVID-19 Pandemic’ (2022) 29(4) Nursing Ethics 872–884
Abstract:
Background: Equal access to healthcare is a core principle in Norway’s public healthcare system. The COVID-19 pandemic challenged healthcare systems in the early phase – in particular, related to testing and hospital capacity. There is little knowledge on how older people experienced being infected with an unfamiliar and severe disease, and how they experienced the need for healthcare early in the pandemic.
Findings: The main finding was that the informants experienced vulnerability and arbitrariness. This finding was supported by three sub-themes: experiences with a severe and unfamiliar disease, the strict criteria and the importance of someone advocating needs.
Discussion: Participants described varying access to healthcare. Those who did not meet the national criteria to be tested or hospitalised struggled against the system. Findings reveal arbitrary access to healthcare, in contrast to Norway’s ethical principle of fair and just access to health services. Moreover, to access and receive necessary healthcare, informants were dependent on their next-of-kin’s advocacy.
Conclusion: Even when dealing with an unfamiliar disease, health professionals’ assessments of symptoms must be performed with an ethical obligation to applicate competent appraisal and the exercise of discernment; this is in line with care ethics and ethical standards for nurses. These perspectives are a significant part of caring and the intension of doing good.

Lin, Hsin-Hsuan and Yi-En Tso, ‘Evaluation on the Legality of Smart Technology Tracking to Prevent the Spread of Covid-19’ (SSRN Scholarly Paper No 4477389, 15 June 2023)
Abstract: This paper aims to evaluate smart technology monitoring measures adopted by governments in response to the Covid-19 epidemic from a legal aspect. Internationally, preemptive measures during an epidemic are generally based on monitoring means. These may include behavioral patterns in electronic fences such as isolation and quarantine, big data epidemic investigation, epidemic prevention tracking technology and contact tracing applications. This type of data surveillance outlines a three-pointed, linear pattern of ‘digital footprint-profiling-surveillance’, and an evaluation of its legitimacy triggers the question of whether public power measures are able to balance collective security against information privacy during a state of emergency. The study addresses three major aspects designed for the discourse: (1) the use of smart technology for epidemic monitoring and prevention, (2) the legal constraints of smart technology in epidemic prevention, and (3) balancing the use of smart technology in epidemic prevention with the right to personal data protection. This paper selects South Korea, Taiwan and Norway for case study, as representative of strict controls, moderate controls, and absence of controls respectively. By drawing upon experience from other legal systems in a comparative analysis, the author hopes to show that controlling the spread of a virus and personal data protection are not a zero-sum dilemma. Finally, ideas for a mechanism to oversee and evaluate the use of smart technology in COVID-19 prevention and elimination will be presented.

Lintvedt, Mona Naomi, ‘COVID-19 Tracing Apps as a Legal Problem: An Investigation of the Norwegian “Smittestopp” App’ (University of Oslo Faculty of Law Research Paper No 2021–18, 16 June 2021)
Abstract: In their efforts to curb the COVID-19 pandemic, many countries have introduced contact tracing apps installed on mobile phones with the aim of breaking chains of infection. This raises ethical and legal questions, as these apps have the potential to be used for surveillance of the population. There is pressure to set privacy and data protection aside to allow extensive collection and processing of personal data, while their benefits remain uncertain. The two versions of the Norwegian COVID-19 tracing app are used as a case study to explore how law and legal norms are made and implemented – or not – in the context of a public emergency. In Norway, the legal question of contact tracing apps has largely been limited to a question of compliance with the GDPR and has excluded a meaningful conversation about the use of apps as pandemic response tools and their impact on rights and freedoms. The normative argument of the article is that to combine a robust form of privacy and data protection with the use of digital tools in a crisis, we need to carefully scrutinize the effects technology choices have on human rights and the rule of law. :

Opolska, Zuzanna, ‘How Has Norway Beaten the COVID-19 Pandemic?’ (2021) 7(1) Journal of Health Inequalities 7–11
Abstract: Norway is seen as a model in the fight against COVID-19. In 15 months, just 789 people died from the coronavirus. Frode Forland from the Institute of Public Health tells us how Norway managed to overcome the pandemic. :

Sanders, Anne, ‘Video-Hearings in Europe before, during and after the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges. :

Weitzenboeck, Emily M and Cathrine Egeland, ‘Blurred Spaces and Erosions of Privacy: Examining Working from Home during the Covid-19 Pandemic in Norway through the Lens of the Legal Notion of Privacy’ [2025] International Journal of Law in Context (advance article, published online 20 March 2025)
Abstract: Internationally, the home is legally protected as a bastion of private life, where one may retreat to and recollect oneself after a day’s work and enjoy family life. With the outbreak of the Covid-19 pandemic, working from home – facilitated by new collaborative information and communications technology (ICT) platforms and tools – became mandatory in several countries. For many, the workplace was brought into the home. This article examines how working from home on a mandatory basis during the pandemic affected employees’ perceptions and practices of privacy, and its implications for the legal understanding of privacy. With Norway as a case, it investigates the measures taken by employees and employers to safeguard privacy during this period. The data collection and method combine an interpretation of legal sources with qualitative interviews. The analysis shows experiences and practices that suggest a blurring of roles and physical spaces, and the adoption of boundary-setting measures to safeguard privacy.

Zetzsche, Dirk A et al, ‘The COVID-19-Crisis and Company Law: Towards Virtual Shareholder Meetings’ (University of Luxembourg Faculty of Law, Economics & Finance No WPS 2020-007, 15 April 2020)
Abstract: Legislation responding to COVID-19 allows us to examine how, and to what effect, the corporate governance framework can be amended in times of crisis. Almost all leading industrialized nations have already enacted crisis legislation in the field of company law. Here, given the difficulties or indeed the impossibility of conducting in-person meetings currently, the overall trajectory of company law reforms has been to allow for digitalization.We note five fields in which legislators have been particularly active. First, the extension of filing periods for annual and quarterly reports to reflect the practical difficulties regarding the collection of numbers and the auditing of financial statements. Second, company law requires shareholders to take decisions in meetings – and these meetings were for the most part in-person gatherings. However, since the gathering of individuals in one location is now at odds with the measures being implemented to contain the virus, legislators have generally allowed for virtualonly meetings, online-only proxy voting and voting-by-mail, and granted relief to various formalities aimed at protecting shareholders (including fixed meeting and notice periods). Third, provisions requiring physical attendance of board members, including provisions on signing corporate documents, have been temporarily lifted for board matters. Fourth, parliaments have enacted changes to allow for more flexible and speedy capital measures, including the disbursement of dividends and the recapitalization of firms, having accepted that the crisis impairs a company’s equity. Fifth and finally, some countries have implemented temporary changes to insolvency law to delay companies’ petitioning for insolvency as a result of the liquidity shock prompted by the imposition of overnight lockdowns.This working paper seeks to (1) document the respective crisis legislation; (2) assist countries looking for solutions to respond rapidly and efficiently to the crisis; (3) exchange experiences of crisis measures; and (4) spur academic discussion on the extent to which the crisis legislation can function as a blueprint for general corporate governance reform. Countries considered in full or in part include Australia, Austria, Belgium, Canada, China, France, Germany, Hong Kong, India, Italy, Luxembourg, the Netherlands, Norway, Portugal, Singapore, South Korea, Spain, Switzerland, Thailand, the United Kingdom, and the United States. Readers are encouraged to highlight any inaccuracies on the part of the authors in their presentation of the respective laws, and to bring further crisis-related legislation not considered in this working draft to the attention of the authors. Moreover, readers are invited to indicate where there is room for improvement therein, and/or to signal the need for policy reform.

Poland

Bäcker, Roman and Joanna Rak, ‘Electoral Laws during the COVID-19 Pandemic as a Tool of Quasi-Militant Democracies: Comparative Perspective’ in Magdalena Musiał-Karg and Izabela Kapsa (eds), Elections in Times of a Pandemic: Dilemmas and Challenges (Brill, 2024) 41–55
Abstract: COVID-19-driven post-communist states face strong authoritarian tendencies, but also their empowered political nations efficiently act against anti-democratic actors’ actions. This study explores the use of electoral laws in Poland, Hungary, Romania, and Bulgaria as a political tool and its influence on the sovereignty of the political nations. Embedded in the theory of neo- and quasi-militant democracy, it aims to explain to what extent the electoral laws adopted or proposed for adoption during the COVID-19 pandemic reduced the scope of the sovereignty of the political nations. The relationships between the legal changes and the sovereignty are analysed with qualitative source analysis and reflexive thematic analysis. As the analysis of themes across the attempts to shape the sovereignty of the political nations shows, changes to the electoral laws were introduced in a hurry, in the privacy of ministerial offices, and without social consultation. Such a way of proceeding stemmed from the need to change the law as soon as possible and thus avoid or reduce the resistance from the political opposition, other centres of public authority, and non-governmental organisations (Poland, Hungary, Romania, Bulgaria).

Bäcker, Roman and Joanna Rak, ‘Enforcement of Equality Before the Law in Poland During the Coronavirus Pandemic’ in Jędrzej Skrzypczak and Oscar Pérez de la Fuente (eds), Lessons for Implementing Human Rights from COVID-19: How the Pandemic Has Changed the World (Routledge, 2024) 36-49
Abstract: On 12 March 2020, the government declared the state of the epidemic in Poland. A day later, Prime Minister Mateusz Morawiecki informed about the ban on public gatherings of more than 50 people. On 24 March 2020, the government introduced severe constraints on freedom of movement. Citizens could leave their houses only in duly justified circumstances, such as going to work or buying food. The police began controlling pedestrians and drivers to verify whether their movement was justified. All economic and social restrictions resulted in an almost complete lockdown. However, the public administration has gradually lifted the restrictions since mid-April. The will for social survival and the ruling party’s determination to secure the re-election of Andrzej Duda in the presidential elections appeared to be stronger than a fear of infection and readiness to respect civil rights. The presidential elections (the first round on 28 June and the second round on 12 July 2020), held in an atmosphere of no epidemiological threats, ended Poland’s first pandemic wave.

Bartosz, Szolc-Nartowski, ‘Coronavirus and the Justice System in Poland’ (2020) 3(7) Issue 2-3/2020 172–175
Abstract: The justice system was unprepared for the dangers of the Coronavirus pandemic, both in Poland and everywhere in the world. However, the need for safeguarding fundamental civil rights, such as human life and health, has always been the highest priority. In this note the measures aimed to protect every during the pandemic in Poland were studied and concluding remarks to be learned were proposed.

Białogłowski, Wojciech, Dominika Łukawska-Białogłowska and Bogusław Przywora, ‘Suspendium Ad Kalendas Graecas? The Problem of the Constitutionality of Suspending the Statute of Limitations for Fiscal Offences during the State of the Epidemic or the State of the Epidemic Threat as the Example of Broadly Understood “Fiscal Repression” of the State against the Individual’ (2024) 29(1) Bialystok Legal Studies / Białostockie Studia Prawnicze 255–267
Abstract: One of the basic principles defining the relationship between individuals (including entrepreneurs) and the state is the principle of protecting the citizen’s trust in the state and the law enacted by it. This principle is based on legal certainty, understood in the jurisprudence of the Constitutional Tribunal of the Republic of Poland as a certain set of features inherent in the law which ensure legal security for the individual; the individual then has the possibility of full knowledge of the reasons for the operation of state authorities and the legal consequences that his or her actions may entail. An individual should be able both to determine the consequences of behaviours and events on the basis of the legal status in force at a given moment, and to expect that the legislator will not change it arbitrarily. On 22 June 2021, Article 15zzr1 was added to the Act of 2 March 2020 on special solutions related to the prevention, counteraction and combating of COVID-19, other infectious diseases and crisis situations caused by them; the article stipulates that during the state of epidemic threat or state of the epidemic, as announced due to COVID-19, and in the period of six months after their cancellation, there is no statute of limitations for the criminality of the act and no statute of limitations for the execution of a penalty in cases of crimes and fiscal crimes (paragraph 1); the periods referred to above are counted from 14 March 2020 – in the event of an epidemic threat, and from 20 March 2020 – in the event of an epidemic (paragraph 2). The subject of this paper is an attempt to answer the question of whether the indicated provision – interfering with the current model of the relationship between penal fiscal law and tax law – meets constitutional standards.

Bień-Kacała, Agnieszka, ‘Limiting Fundamental Rights by Governmental Regulations. An Illiberal Response to the COVID-19 Pandemic in Poland’ in Rainer Arnold and Javier Cremades (eds), Rule of Law and the Challenges Posed by the Pandemic (Springer, 2023) 163–178
Abstract: The chapter focuses on the limitation of fundamental rights by governmental regulations within the Polish illiberal constitutional framework. First, the illiberalisation of human rights is presented. Then, the constitutional framework of emergencies is described with reference to the non-application of this framework. Further, the legal response to fighting the pandemic is discussed, emphasising the unconstitutionality of limitations on rights and freedoms by government acts rather than by the parliament, along with the judicial reaction to unconstitutional measures. The chapter concludes that the constitutional system and human rights protection deteriorated but have not achieved the authoritarian end yet.

Bień-Kacała, Agnieszka, ‘Limiting Fundamental Rights during the COVID-19 Pandemic in Illiberal Constitutionalism: The Case of Poland’ in Arianna Vedaschi (ed), Governmental Policies to Fight Pandemic: The Boundaries of Legitimate Limitations on Fundamental Freedoms (Brill, 2024) 286–306
Abstract: The chapter is structured as follows: first, the constitutional framework of emergencies will be described with reference to the non-application of this framework. Further, the organizational and legal response to fighting the pandemic will be discussed, emphasising the unconstitutionality of limitations on rights and freedoms. The restrictions applied will be described separately, considering political, personal, and social rights and freedoms.

Blokker, Paul, ‘Populism, COVID-19, and the Rule of Law: The Cases of Hungary and Poland’ (2021) 15(1) Politics. Rivista di Studi Politici 131–147
Abstract: The COVID-19 pandemic that started in Europe in early 2020 has not only had major effects on public health and European economies, but equally affected democratic politics in a significant manner. An important question is whether the COVID-19 crisis has created opportunities for (right-wing) populist parties to strengthen their position, and more generally, whether liberal democratic systems have suffered from the pandemic in terms of the guarantee of rights and in terms of an increase in monitoring and controlling of society and individual behavior. The paper will first discuss and contextualize the emergence of populism, focusing on its most prominent, right-wing version. Subsequently, the cases of Hungary and Poland will be discussed.

Bodnar, Adam et al, ‘Poland: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2024)
Abstract: As of December 2023, Poland has reported 6,590,705 confirmed Covid-19 cases and 119,886 deaths. The pandemic unfolded in multiple waves, with significant spikes in infections and deaths occurring during the autumn of 2020 and winter of 2021, as well as subsequent surges linked to the Delta and Omicron variants. Poland’s healthcare system, while relatively well-developed, experienced periods of significant strain, particularly during the peaks of infection when hospital capacities were overwhelmed and shortages of medical staff and equipment were reported. The government’s public health response evolved over time, initially focusing on lockdowns and restrictions, later transitioning to mass vaccination campaigns, with varying degrees of compliance and public support. The Covid-19 pandemic occurred in Poland at a time when the country was already experiencing concerns related to the rule of law and trends in governance. In response to the pandemic, the Government opted not to declare a constitutional state of emergency (stan nadzwyczajny), but instead chose to manage the situation through existing legal frameworks, supplemented by new legislation. Observers have noted that the pandemic revealed significant challenges in state preparedness, with some laws reportedly being passed hastily and questions raised about the Government’s use of extraordinary powers. Critics have argued that certain rights and freedoms were restricted during the pandemic, at times exceeding the limits set by law, and that some policies, particularly those affecting women’s rights, led to significant societal debate. Furthermore, concerns have been raised regarding the lack of accountability for potential misuse of public funds, as well as the transparency and consistency of certain policies. Public opinion was also influenced by populist sentiments, including the anti-vaccination movement.

Bunikowski, Dawid and Robert Musiałkiewicz, ‘The Principles of Subsidiarity and Decentralisation During the COVID-19 Pandemic, with Particular Emphasis on the Polish and Finnish Legal Systems’ (2022) 28 Comparative Law Review 71–106
Abstract: The article focuses on the principles of subsidiarity and decentralisation during the COVID-19 pandemic, with particular emphasis on the Polish and Finnish legal systems (both countries in the Baltic Sea Region). How were those constitutional principles concerning self-government ‘treated’ (dealt with) by public authorities? It analyses the principles of subsidiarity and decentralisation, interpretations of the principle of decentralisation in both Poland and Finland, relations between the state and local self-government, cooperation between the government and self-government administration in combating the pandemic in selected countries, and Polish and Finnish regulations during the pandemic. Methodologically speaking, many different methods and sources are applied. The methodological approach is analytical (analysis of legal acts, literature, media releases and different reports), but also empirical (observation of reality). The thesis is that the principles of subsidiarity and decentralisation during the COVID-19 pandemic were commonly disregarded during the pandemic.

Czarnecki, Łukasz and Monika Skowrońska, ‘The Unlawful and Unequal Wearing of Masks: The Case of Poland during COVID-19’ in Noriko Suzuki et al (eds), Public Behavioural Responses to Policy Making during the Pandemic: Comparative Perspectives on Mask-Wearing Policies (Routledge, 2022)

Dziurda, Marcin and Paweł Grzegorczyk, ‘The influence of Covid-19 pandemic on the polish civil proceedings from the perspective of the Supreme Court’ in Katarzyna Gajda-Roszczynialska (ed), Impact of the COVID-19 Pandemic on Justice Systems: Reconstruction or Erosion of Justice Systems: Case Study and Suggested Solution (V&R Unipress, 2023) 85 [OPEN ACCESS E-BOOK]

Gajewski, Dominik J and Adam Olczyk, ‘Changes in Polish Tax Law in Response to the Covid-19 Pandemic against the Comparative Legislative Changes in the Czech Republic and Slovakia’ (2024) 12(1) Studia Iuridica Cassoviensia 87–98
Abstract: The article describes the most important characteristics of legislative changes made in the Polish tax law in connection with the COVID-19 pandemic. They undergo comparison with changes made in this branch of law in the Czech Republic and Slovakia. This juxtaposition serves the authors to show that the main trend was, in the first place, to suspend the deadlines in tax procedures. It was an ad hoc change and did not affect any significant changes in tax procedures in the long run. The authors also point to certain restraint of the Polish legislator as regards adoption of serious changes to substantive tax law during the period under examination and touch upon the issue of transferring certain competences (in terms of exemptions) from the legislative authority to: (1) local governments or (2) the executive branch.

Giedrewicz-Niewińska, Aneta, Viktor Križan and Jana Komendová, ‘The Obligations of the Employer in the Implementation of Remote Work: The Examples of Slovakia, the Czech Republic and Poland’ (2024) 29(2) Białostockie Studia Prawnicze 83–97
Abstract: This text analyses the legal aspects of teleworking in Slovak labour law and remote working in Czech and Polish labour law. The text shows how Slovakia, the Czech Republic and Poland have used their experiences of employment during the COVID-19 pandemic in different ways. The basic difference is already apparent in the notions of remote working, teleworking and working from home. There are also some differences in the regulation of employers’ obligations related to the implementation of remote working. The legal regulation of remote working is in its formative stage, as evidenced by recent Polish and Czech labour-law changes. The analysis of the legal regulations of the three countries shows that remote working is a challenge. It is legitimate to analyse different legal solutions and share experiences between the countries. The text analyses the latest legal developments.

Głąb, Zbigniew and Magdalena Kocejko, ‘Between Safety and Isolation: The Governmental-Ministerial Approach to Care Homes in Poland during the COVID-19 Pandemic’ (2024) 39(6) Disability & Society 1524–1545
Abstract: This paper presents an analysis of statements issued by the Polish Ministry of Family and Social Policy, relating to care homes and the threat to the health and lives of their inhabitants during the COVID-19 pandemic. Despite the declared intention by the government to carry out the transition from residential care to community-based support, the results of the study reveal that under the slogans of care, safety, and commitment, the traditional vision of disability that promotes the operation of segregated institutions is reinforced. Ensuring safety is understood as strengthening the institution of a care home by emphasizing its importance, allocating additional resources, and introducing organized isolation practices that do not necessarily account for subjectivity and residents’ rights. The authors, using the critical approach, point to elements of the discourse that may be remembered most by recipients. The paper is focused on an approach presented by the Polish Ministry of Family and Social Policy during the COVID-19 pandemic regarding care homes. While the discussion about transition from residential care to community-based support in Poland seems to be advanced, there are still facilities for over 100 inhabitants. In the face of the COVID-19 crisis, the Ministry’s communication related to facilitating the transition to independent living was pushed aside, while the traditional institutional-oriented approach came to the fore. The communication by the Ministry is transmitting to the public a strong message that presents care homes as safe places that should be supported and developed as a key housing option. The lack of attention to issues such as transition from residential care to community-based support and a human-rights approach in communication led us to formulate the concept of a turbo-institutional approach implicit in the Ministry’s communiques.

Granat, Mirosław, ‘Limitations of Civil Rights During a Period of Introduction of Extraordinary Measures in Poland Vis-à-Vis the Pandemic Caused by the SARS-CoV-2 Virus’ in Rainer Arnold and Javier Cremades (eds), Rule of Law and the Challenges Posed by the Pandemic (Springer, 2023) 151–161
Abstract: In Poland, during the COVID-19 pandemic, the legislator did not introduce any extraordinary measures provided for in the 1997 Constitution of Poland, including the state of natural disaster, even though there existed grounds for its introduction. It seems that the legislator’s decision was motivated by the preparations for the presidential elections. During the pandemic, a specific legal regime, referred to as ‘the state of epidemic’, was introduced by means of ordinary statutes and secondary legislation. In a situation where executive bodies regulate the legal position of citizens by means of lower-order legal acts, civil rights are inevitably infringed upon. This situation caused a great deal of social tension. Interference with civil liberties was to some extent limited by judgements of common courts and administrative courts. If the period of the epidemic had any positive side, it was to demonstrate the great value of independent courts and judges for the protection of civil rights.

Guzik-Makaruk, Ewa M, ‘Some Remarks on the Changes in the Polish Penal Code during the Pandemic’ (2021) 26(6) Bialystok Legal Studies / Bialostockie Studia Prawnicze 27–38
Abstract: The study indicates the solutions introduced by the amendment to the Penal Code during the pandemic. These are the so-called anti-crisis shields – shield 1.0, shield 3.0 and shield 4.0. The primary role of these laws was to respond to the crises related to the COVID-19 epidemic. Amendments to the Penal Code were introduced in a manner inconsistent with the Constitution of the Republic of Poland and the Regulations of the Sejm of the Republic of Poland. The mere legislative change and increasing punitiveness of the criminal law system and penal policy will not significantly reduce crime. The work is of a presentative and systematising character. The assumed hypothesis boils down to the assertion that the changes to the penal code made pursuant to the so-called anti-Covid laws are irrational and introduced without the required legislative procedure. The study mainly used the formal-dogmatic method.

Hadrowicz, Edyta (ed), Polish Entrepreneurial Law in the Era of the COVID-19 Pandemic: Problems and Challenges (Springer International Publishing, 2024)
link to book page on publisher website
Chapters:
  • Hadrowicz, Edyta, ‘Possible Liability of the State Treasury for the Restriction of Economic Activities During the Pandemic of COVID-19’ 1–20
  • Piotrowski, Ryszard, ‘Between Necessity and Constitutionality. Evaluating Covid-Related Legislation in Poland’ 21–34
  • Bosek, Leszek, ‘Liability for Damage Caused by Normative Restrictions in the State of Epidemic’ 35–46
  • Hadrowicz, Sandra, ‘The Liability of Public Authorities for “Legal Damages” During the Covid-19 Pandemic’ 47–62
  • Koźmiński, Krzysztof, ‘Legislation During the COVID-19 Pandemic: Revolution, Patholegislation or Continuation?’ 63–79
  • Kozyra, Angelika, ‘The Impact of Legislative Changes Caused by the Outbreak of the COVID-19 Pandemic on the Functioning of Contracts in Economic Turnover’ 81–94
  • Ratusznik, Piotr, ‘The Amount of Rent Under the CoVid-19 Pandemic. Between Poland and Germany’ 95–109
  • Gil, Izabella, ‘Socio-Economic Implications of Covid-19 and the Imposition of Contractual Penalties upon Contractors Performing Public Procurement’ 111–122
  • Zembrzuski, Tadeusz, ‘Epidemic-Related Protection of the Indebted Employee, and the Impact on Circumstances of the Entrepreneur Employer Regarding Salary Attachment’ 123–136
  • Dziurda, Marcin, ‘Proceedings in Commercial Cases During Covid-19 Epidemic’ 137–147

Hanusz, Antoni and Paweł Szczęśniak, ‘Impact of the COVID-19 Pandemic on the Process of Making Public Finance Law Norms in Poland’ (2023) 3(1) International Journal of Legal and Social Order 1–20
Abstract: The article analyses and evaluates the legislative changes introduced to provide public funding to combat the effects of the COVID-19 pandemic. Therefore, regulations on the budgetary procedure and multi-annual financial planning required during the state of epidemic threat or the state of epidemic have been analysed. The study verified the assumption that the performance of financial activities at the time of epidemic threat consisting in collecting and disbursement of funds by bodies governed by public law under new conditions entailed fundamental changes in the design, adoption and implementation and auditing the central state budget and budgets of local government units. The aim of the work is to show that the episodic solutions introduced due to the effects of the COVID-19 pandemic in the area of collecting public funds and their disbursement by public law entities are conducive to more flexibility in public financial management. To the necessary extent, justified by the need to finance tasks to counteract the COVID-19 pandemic, the regulations analysed herein have ensured the protection of the stability of public finance.

Hoffman, István and Jarosław Kostrubiec, ‘Political Freedoms and Rights in Relation to the COVID-19 Pandemic in Poland and Hungary in a Comparative Legal Perspective’ (2022) 27(2) Białostockie Studia Prawnicze 31–53
Abstract: Th e subject of the article are selected political rights and freedoms guaranteed by the Polish and Hungarian constitutions, which are analysed in the context of possible limitations due to the COVID-19 pandemic. Th e analysis covers the right to vote in elections and referendums, the freedom of expression and opinion, and the freedom of assembly. Th e main aim of the article is to identify similarities and diff erences in the legal solutions adopted in Poland and Hungary in the context of restrictions or threats to political freedoms and rights. As a result of the research carried out, the authors positively verifi ed the hypothesis that Poland and Hungary, although they chose diff erent methodologies to implement the specifi c legal order applicable due to the coronavirus pandemic, namely Hungary has introduced one of the constitutional states of exception, i.e. the state of danger, while Poland did not introduce a state of natural disaster, the formula for sanctioning restrictions on political freedoms and rights with secondary legislation was similar in both countries. Th e authors express the view that continuous eff orts should be made to develop legal institutions that would allow for a balance between the need to preserve political rights and freedoms and the need to make quick decisions in relation to the pandemic and citizens’ right to health. A pandemic should never be an excuse for those in power to restrict political freedoms and rights for longer periods of time, so as not to make these freedoms and rights the next victims of the SARS-CoV–2 virus.

Jonski, Kamil and Wojciech Rogowski, ‘Evidence-Based Policymaking during the COVID-19 Crisis: Regulatory Impact Assessments and the Polish COVID-19 Restrictions’ (2023) 14(1) European Journal of Risk Regulation 65–77
Abstract: The COVID-19 pandemic transformed our understanding of the state’s role during a public health crisis and introduced an array of unprecedented policy tools: ever-stricter travel restrictions, lockdowns and closures of whole branches of the economy. Evidence-based policymaking seems to be the gold standard of such high-stakes policy interventions. This article presents an empirical investigation into the regulatory impact assessments accompanying sixty-four executive acts (regulations) introducing anti-pandemic restrictions in Poland over the first year of the pandemic. To this end, the study utilises the so-called scorecard methodology, which is popular in regulatory impact assessment research. This methodology highlights the shallowness of these documents and the accompanying processes, with an absence not only of a sound evidence base behind specific anti-pandemic measures or estimates of their economic impacts, but even of the comparative data on restrictions introduced in other European Union/Organisation for Economic Co-operation and Development (OECD) countries. Overall, the collected data support the hypothesis that the ad hoc pandemic management process crowded out the law-making process through tools such as regulatory impact assessments and consultations. In other words, the genuine decision-making occurred elsewhere (with the exact process being largely invisible to public opinion and scholars) and drafting legal texts simply codified these decisions, with the law-making process becoming mere window-dressing.

Karski, Karol and Bartlomiej Oreziak, ‘Selected Considerations Regarding the Digitalisation of Criminal Proceedings in Light of the Standards of the Council of Europe: Analysis Taking into Account the Experience of the Current Pandemic’ (2021) 26(6) Bialostockie Studia Prawnicze 55–70
Abstract: The aim of the article is to prepare an analysis in order to formulate propositions regarding the digitalisation of Polish criminal proceedings as regards the administration of justice. Th ese hypotheses would have merited consideration even pre-pandemic, but they demand even more attention as a result of the pandemic. Th e pandemic has served to highlight the pre-existing necessity to adapt criminal law to the latest observable technical and technological advances. In light of the above, the fi rst issue to be analysed concerns the conditions, procedures, and possibilities surrounding the collection of evidence electronically, taking into account the most recent relevant guidelines of the Council of Europe. Th e second issue to be examined will be the adaptation of criminal procedures, including Polish, to the standards stipulated in the Convention of the Council of Europe on Cybercrime of 23 November 2001, in light of national norms regarding evidence gathering. Th e third issue that will be assessed in this study will be the benefi ts, risks, or potential of the application of artifi cial intelligence algorithms in criminal procedure. Th e consideration of each of the three areas will have regard to the present global pandemic. The article concludes with a concise summary containing the authors’ conclusions and propositions de lege ferenda. :

Kowalski, Dariusz and Adam Zając, ‘Public Support for Large Companies to Prevent the Effects of the Covid-19 Pandemic: Study Based on the Example of the Guarantee of the PLG FGP Guarantee Line – Legal and Economic Aspects’ (2023) 4(40) Finanse i Prawo Finansowe 7–22
Abstract: The purpose of the article is to determine whether, taking into account the current legal framework determining the state role in the economy, it is advisable to support large enterprises in relation to preventing the effects of the COVID-19 pandemic. The analysis will be conducted based on one of the types of guarantees - PLG FGP guarantee line.

Krajewski, Krzysztof, ‘Crime, Law Enforcement and Rule of Law in Time of the COVID-19 Pandemic in Poland’ in Dina Siegel, Aleksandras Dobryninas and Stefano Becucci (eds), Covid-19, Society and Crime in Europe (Springer, 2022) 63–80
Abstract: Governmental response to the Covid-19 pandemic in Poland was and still is of very controversial nature, as legislative measures introduced in March 2020 are considered by most lawyers to be unconstitutional. They were also used for purposes unrelated to the pandemic. As regards impact of the pandemic, and governmental measures on crime rates and patterns, the emerging picture is not clear: there was neither consistent growth nor decline of crime. As a matter of fact, during the year 2020, many offences tended to decline, as they did during the last couple of years. But there were some exceptions to that rule. There is no doubt that the pandemic and its accompanying measures could have had a radical impact on increasing or decreasing opportunities for various forms of crime. However, available data for the entire year 2020 do not necessarily show patterns consistent with assumptions regarding changes in opportunity structures.

Kulski, Robert, ‘Transformation of Polish Enforcement Proceedings in Civil Cases during Covid-19 Pandemic’ in Katarzyna Gajda-Roszczynialska (ed), Impact of the COVID-19 Pandemic on Justice Systems: Reconstruction or Erosion of Justice Systems: Case Study and Suggested Solution (V&R Unipress, 2023) 367 [OPEN ACCESS E-BOOK]

Lipowicz, Irena, Grażyna Szpor and Aleksandra Syrt (eds), Instruments of Public Law: Digital Transformation during the Pandemic (Routledge, 2022)
Link to book details on publisher website
Abstract: The Covid 19 pandemic has revealed the need to verify the existing principles of functioning of public authorities, in relation to various decision-making processes, both at the conceptual level and at law implementation. The action of the legislator and public administration towards the society and the economy is conducted using peculiar instruments to control the public administration system. These instruments are likely to be of a public or private law nature. This book takes a comparative approach to examine the issues related to digital transformation in the times of a pandemic regarding the use of public-law instruments in Poland and the wider European context. In particular, the research aims to identify what stage the development of digital solutions in the state’s organization and its authorities has reached, including the organization of public administration; what the has pandemic changed. Exploring the concepts of digital transformation, pandemic and public-law instruments, it provides an analysis of European and national public-law instruments using digital solutions, security and cybersecurity during a pandemic, and concrete issues such as public administration, health protection and social security, economic activity and the system of public finances, and education during the pandemic is performed. Establishing whether particular solutions are durable and to what extent they create a certain standard of response to a threat, it makes recommendations for determining which of the existing solutions is useful for the functioning of the state and its organs and facilitates the performance of their tasks.

Machnikowska, Anna, ‘The Principle of Open Justice during the Covid-19 pandemic: The Polish Experience’ in Katarzyna Gajda-Roszczynialska (ed), Impact of the COVID-19 Pandemic on Justice Systems: Reconstruction or Erosion of Justice Systems: Case Study and Suggested Solution (V&R Unipress, 2023) 301 [OPEN ACCESS E-BOOK]

Markiewicz, Krystian, ‘Court Composition and Its Invariability as Elements of a Court Established by the Law during Covid-19 Pandemic: Lessons from Poland’ (2022) 6 Access to Justice in Eastern Europe (advance article, published online 6 July 2022)
Abstract: The article discusses systemic and processual changes in provisions referring to the panels of judges in Poland. The statutory regulation adequate during the COVID-19 epidemic contains regulations whereby a single-judge panel is proper in the first and second instance. At the same time, the principle of invariability and stability of the courts’ panel was exterminated. However, in case of Poland the protection of the dependent court, established with an extreme breach of law is protected by administrative and political decisions on shaping the court composition. Dogmatic legal analysis. The subject of the dogmatic legal analysis is the content of the law and its interpretations found in the jurisprudence and views of the doctrine. The court ‘shaped’ in such a way guarantees the expected ‘judgment’. There are fears that these standards of the highest judiciary bodies in Poland may spread among other courts which are managed by the presidents appointed by Justice Minister - General Prosecutor. Judges appointed in an illegal way will, by way of political decisions, be in particular court composition, and then talking about court independence will be completely untrue. Let’s hope that COVID-19 pandemic will end soon. It is then necessary to make sure that all the restrictions on the right of recourse to court, introduced as a pretext to combat the pandemic, will be removed. Otherwise, the pandemic of lawlessness will stay with us much longer than Covid.

Mitera, Blanka, Karolina Harasimowicz and Marcin Donovan, ‘Post-Pandemic Legal and Political Strategies for Telemedicine in Poland’ (2024) 134 Polish Journal of Public Health 1–3
Abstract: This article assessment was conducted on the databanks correlated to implementing telemedicine and AI techniques on SARSCoV-2. The study focuses on the most recent studies that use e-health and AI technology to help scientists with multiple approaches. One of the fastest-growing technologies is telemedicine. It is worth emphasizing that it is related, unlike, e.g., teleconsultation, to clinical services, and thanks to the use of modern technologies, it allows for the exchange of specialized information in realtime. This allows, among other things, to make a diagnosis remotely. On the one hand, it requires purely technical skills, but there are also aspects related to legal and formal requirements and data security. In this article, we will also present a set of analyses and recommendations related to the platform’s operation, which may be the basis for subsequent expansion.

Musiał-Karg, Magdalena and Izabela Kapsa (eds), Elections in Times of a Pandemic: Dilemmas and Challenges: Experiences of the European Countries (Brill, 2024)
Abstract: The COVID-19 pandemic demonstrated that unexpected and unpredictable situations can hinder the conduct of general elections around the world. The book is a comprehensive analysis of the organization of elections during the COVID-19 pandemic. In addition to the theoretical perspective, it familiarizes the public with specific electoral solutions adopted during the pandemic in selected European countries (Italy, Germany, Lithuania, Serbia, Russia, Czech Republic, Estonia, Latvia, Liechtenstein, Poland). The editors believe that this book will bring closer the specific solutions adopted in the considered countries during the COVID-19 pandemic and provide readers with a multi-faceted understanding of elections in emergency situations.

Ożóg, Michał, ‘Qualification of Freedom of Religious Assembly in the Period of Ordinary Functioning of the State and in the Legislation from the Time of COVID-19 Pandemic in Poland’ (2022) 27(2) Białostockie Studia Prawnicze 237–250
Abstract: The subject of this article is to present the legal qualification of the freedom of religious assembly in the period of ordinary functioning of the state and in the content of regulations from the period of the COVID-19 pandemic in Poland. The analysis is concerned with determining how the legislator treats this freedom from the point of view of links between freedom of assembly and freedom of thought, conscience and religion. The function of freedom of religious assembly is presented, as well as the legal model of religious freedom assembly in the conditions of ordinary state action, as well as on the ground of legal regimes possible to introduce in connection with counteracting the occurrence and effects of an infectious disease. In the research the dogmatic method was applied. Amendments to the Law on Assemblies and special law regulations have been proposed to take into account constitutional principles and values, as well as ongoing social changes.

Piszcz, Anna, ‘COVID-19 Pandemic-Related Arguments in Polish Civil Litigation’ (2022) 35(3) International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 1215–1232
Abstract: The aim of this paper is to analyse the legal record on civil litigation from mid-March 2020 to mid-July 2021 and examine COVID-19 pandemic-related arguments in a sample of litigated cases heard in Polish courts, more precisely 41 cases. In an attempt to establish the number and types of court cases in which such arguments have been raised, the population of individual case records was accessed electronically from the Ordinary Courts Judgments Portal (Pol. Portal Orzeczeń Sądów Powszechnych). The analysed research material consists of texts of written justifications published along with rulings of courts of the first instance in the Portal, except for texts regarding criminal cases and widely understood labour cases. This paper refers to certain theoretical aspects of argument and argumentation. Then, it sheds light on the use of COVID-19 pandemic-related arguments by the parties involved in litigation—as reported by the courts in written justifications—considering, amongst others, whether those arguments were found convincing by the courts. Based on a survey of relevant cases, an attempt was made to identify categories of COVID-19 pandemic-related arguments of the parties involved in litigation, raised in their legal submissions. Also a look into the tendencies in this regard was taken to see whether any patterns emerge and it is possible (or not) to discern different trends in the analysed phenomena.The point of the analysis in this article is both descriptive and normative.

‘Poland: Coronavirus: Impacts on Employment in Poland’ [2020] (9 April) Lawyer (Online Edition) 1
Abstract: The article offers information on Crisis Act enacted by Poland for addressing the impact of coronavirus on employment. It mentions that an order to work from home can be given in any form, also verbally, however, employers should confirm such order to work from home in writing or in an official email or, in the absence of other possibilities, even by a text message.

Pranka, Darius, ‘Criminal Liability Nuances of Medical Negligence During the COVID-19 Pandemic’ (2022) 15(1) Baltic Journal of Law & Politics 117–140
Abstract: Under normal circumstances, the medical negligence of doctors in most European (continental) states is assessed within the limits of criminal liability under the criminal laws of each state, without exception in the case of COVID-19 or another pandemic. The author raises the question of whether doctors, in the performance of their duties and in the provision of treatment services during the COVID-19 pandemic, deserve any relief from their liability due to errors or negligence in the performance of their duties that have resulted in the consequences of damage to health or life loss of patients. The article provides an analysis of the special laws created for such situations and adopted in Poland and Italy while presenting the shortcomings and advantages of such legal regulation and distinguishing the discussion issues raised by legal scholars and practitioners of the abovementioned states. The author criticises the attempt to adopt a similar legal act in Lithuania and at the same time proposes to discuss the possibility of changing the existing legal regulation and setting limits on the criminal liability of doctors during the COVID-19 pandemic.

Pyrzyńska, Agata, ‘The Impact of the Experience from Elections during the COVID-19 Pandemic on the Desirable Direction of Changes in Polish Electoral Law’ in Magdalena Musiał-Karg and Izabela Kapsa (eds), Elections in Times of a Pandemic: Dilemmas and Challenges (Brill, 2024) 328–341
Abstract: Elections held in the time of the COVID-19 pandemic are an excellent basis to review currently binding electoral law measures prescribed for the event of extraordinary situations. The last years in Poland, which have seen the presidential and numerous mid-term local elections, have given us enough material to review existing relevant measures and to propose changes in those areas which have turned out problematic under the pandemic circumstances. The aim of this chapter is to examine which legislative solutions caused difficulties in the pandemic-related circumstances. This study also intends to determine whether the experience from electoral practice stands a chance to translate into specific actions of the Polish legislator to ensure fair and democratic elections should similar circumstances occur in the future. The study analyses the laws in force and relevant views of legal scholars and commentators. The case study of 2020 Polish has shown that the legislator focused mainly on adopting measures for presidential elections that were particularly important from the political point of view. The question of organization and holding of mid-term local elections, which are also important form the citizens’ perspective, is left on the margin.

Rogowska, Beata, ‘Economic Conditions of Legal Regulations during the Covid-19 Pandemic’ (2022) 156 Scientific Papers of Silesian University of Technology Organization and Management Series 407–423
Abstract: Purpose: The purpose is to present the importance of law for the proper functioning of the state economy within an international organization during the Covid-19 pandemic. Design/methodology/approach: analysis of the legal regulations, comparative studies. Findings: Distinguishing the positive and negative aspects of the law’s impact during the pandemic crisis. Originality/value: Linking the legal and economic dimensions at the two levels of the state and the European Union (EU) integration grouping. Analysis of selected regulations of economic life from the perspective of law and economics.

Romanczuk-Gracka, Marta, ‘Conflicts of Doctor’s Duties in the Case of an Extreme Shortage of Intensive Care Beds and the Good Samaritan Clause from the Perspective of Criminal Law’ (2021) 26(6) Bialystok Legal Studies / Bialostockie Studia Prawnicze 163–184
Abstract: The Covid-19 pandemic has exposed many weaknesses of healthcare systems. An example of a crisis situation is the case of a doctor who has to make a decision about qualifying a patient with COVID-19 for an intensive care bed when there are not enough such beds and when, out of the many obligations to save lives, he can choose and fulfi l only one. Th e aim of this paper is to analyse the criteria of establishing the priority in access to intensive care, to settle the confl ict of obligations in regard to criminal liability, with respect to Art. 26 § 5 of the Polish penal code regarding the doctor’s decision to provide, or to not provide, healthcare services including intensive care given the extreme shortage of the beds, to determine the scope of legal safety guarantees laid down in the good Samaritan clause and the relationship between the confl ict of duties and the clause. Th e work is theoretical with the use of a formal-dogmatic and functional analysis of Polish criminal law. :

Rylski, Piotr, ‘Organisation of the Civil Proceedings in Poland against the Pandemic’ in Katarzyna Gajda-Roszczynialska (ed), Impact of the COVID-19 Pandemic on Justice Systems: Reconstruction or Erosion of Justice Systems: Case Study and Suggested Solution (V&R Unipress, 2023) 289 [OPEN ACCESS E-BOOK]

Rytel-Warzocha, Anna, ‘Common Courts’ Right to Constitutional Review in the Face of the Threat to the Rule of Law: The Case of Poland’ in Rainer Arnold and Javier Cremades (eds), Rule of Law and the Challenges Posed by the Pandemic (Springer, 2023) 117–125
Abstract: Any violation of the rule of law is indeed a direct or indirect threat to individual freedoms and rights as constitutional guarantees aimed to ensure their protection and enforcement in the event of unlawful state interference can only function properly in a democratic state that respects fundamental principles. After 2015, in face of the politicisation of the centralised constitutional judiciary in Poland, the search for alternative solutions of constitutional review stated. The reaction of the doctrine of law and, above all, of common courts to the undemocratic actions of the authorities aimed at the political abduction of the Constitutional Tribunal, which before 2015 had been an independent body guarding the Constitution and constitutional civil rights and freedoms in particular, confirms the thesis of that the diffused constitutional review can play a significant role allowing to avoid the applications of laws that violate constitutional rights and freedoms. The reinterpretation of the Constitution in this regard that has taken place after 2015 can serve as an example of how the constitution allows the ‘dormant’ defence mechanisms to be brought out in the face of a threat to democracy.

Skoczylas, Łukasz et al, ‘Restrictions on Religious Practices in Selected European Countries during the COVID-19 Pandemic: A Legal-Sociological Study from Poland’s Experiences’ (2023) 7(1) Society Register 35–52
Abstract: The aim of this paper is to present legal restrictions related to religious ceremonies during the Covid-19 pandemic, which are not currently in force in Poland but are being applied in selected European countries. The study examines the possible extent of their acceptance by believers in Poland, a country with persistently high levels of religious observance. It transpires that negative evaluations prevail in the case of the following restrictions: advanced registration for participation in religious services, the possibility of only vaccinated persons participating in services, and singing being prohibited. On the other hand, a more positive view was taken of designating specific places that can be occupied in the place of worship, and the requirement for all attendees to wear a mask (including priests and leaders of religious practices). The research revealed a general tendency for those who participate more frequently in religious practices to view restrictions more negatively.

Stawińska, Weronika, ‘How Has the Coronavirus Affected Polish Criminal Law?’ (2022) 51 Polish Political Science Yearbook (advance article, publihed online 20 June 2022)
Abstract: This paper aims to indicate the changes in Polish criminal law introduced in the COVID-19 acts. The text identifies the new regulations of most importance to society. For this reason, the initial focus is on the issue of suspension of procedural time limits and some substantive law time limits from the Criminal Code. It must be stated that, from the perspective of the legal certainty principle, precisely these provisions are of the most significant importance for the defendant. Next, the changes in the Electronic tagging concerning the possibility of interrupting the execution of an imprisonment sentence and serving an imprisonment sentence were discussed. From a criminal policy point of view, higher penalties for the offences of exposure to infection and stalking should also have been mentioned. A new offence of particularly aggravated theft has appeared in the Penal Code and a new offence of obstructing a Police or Border Guard officer in performing official duties. For a more effective fight, it is also vital to provide for the possibility of imposing a new preventive measure and confiscating objects important to public health. The indicated legal developments are presented in the context of human rights protection and in light of recent literature and judicial decisions.

Szczygiel, Grazyna B, ‘Prisoners during the Pandemic’ (2021) 26(6) Bialystok Legal Studies / Bialostockie Studia Prawnicze 39–54
Abstract: In connection with the COVID-19 pandemic, all countries of the world are taking actions to minimize the spread of the virus. Th ese actions interfere with civil rights and liberties. Th ey particularly aff ect convicts who serve prison sentences, as such sentences deprive them many of their rights or signifi cantly restrict them. Recognizing the situation of prisoners at this diffi cult time, in March 2020, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment (CPT) issued the Statement of principles relating to the treatment of persons deprived of their liberty in the context of the coronavirus disease (COVID-19)1 , while the Subcommittee on Prevention of Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment prepared Advice to States parties and national preventive mechanisms to the coronavirus disease (COVID-19) pandemic. Th e purpose of this paper is to determine whether our country, while taking certain actions, takes into account the recommendations contained in both aforementioned documents.

Szostakiewicz, Łukasz et al, ‘An Evaluation on Attitudes of Polish Professionals Towards the Rapid Emergence of Remote Psychotherapy Arising at the Outset of the Covid-19 Pandemic, Within a Legal Context’ (2024) 36(2) Psychiatria Danubina 199–210
Abstract: The outbreak of the Covid-19 pandemic impacted on everyday life and made necessary to deploy remote medical services. Delivering psychiatric health care remotely for children and adolescents posed a major challenge to healthcare professionals. The study aimed to describe the status and trends in remote psychotherapy used during the pandemic Covid-19 and lockdown in Poland with focus on factors affecting the decisions made by therapists, particularly those specific to child and adolescent therapy. Remote psychotherapy may become permanently introduced into mental healthcare systems, providing safe and effective methods of treatment. Further studies are however required, and medical, organizational and administrative standards need to be developed.

Szumiło-Kulczycka, Dobrosława, ‘Covid-19 Pandemic and Criminal Proceedings in Poland’ in Katarzyna Gajda-Roszczynialska (ed), Impact of the COVID-19 Pandemic on Justice Systems: Reconstruction or Erosion of Justice Systems: Case Study and Suggested Solution (V&R Unipress, 2023) 405 [OPEN ACCESS E-BOOK]

Tarasiuk, Anna and Bartosz Wojno, ‘The Influence of Covid-19 on Life Insurance: Polish Market Perspective’ in María Luisa Muñoz Paredes and Anna Tarasiuk (eds), Covid-19 and Insurance (Springer, 2023) 251-270
Abstract: The Covid-19 pandemic has had a huge impact on the insurance industry, both from the perspective of local insurance markets and from a global perspective. How a pandemic has affected the insurance market in a jurisdiction depends not only on how that market has functioned from an economic and organizational perspective but also from a legal perspective. It depends on whether the legal regulations allowed a friendly and flexible approach to the manner of concluding insurance contracts, fulfilling information duties in relation to the customers of insurance companies, communicating with the customers, including the scope of loss adjustment. In this chapter, the authors focus on presenting legal regulations on the Polish insurance market. They discuss now the Polish law applicable to insurance market was prepared for the pandemic situation as well as the measures taken and the approach presented by the Polish insurance market supervisory authority at that time.

Urbanek, Anna, ‘Consumer Credit in Poland and France and the COVID-19 Pandemic: Prevention and Sanctions’ in Nadia Mansour and Lorenzo M. Bujosa Vadell (eds), Finance, Law, and the Crisis of COVID-19: An Interdisciplinary Perspective (Springer, 2022) 1–21
Abstract: We are facing an unprecedented economic crisis. Inequality between borrowers and entrepreneurs in the financial market is growing, especially as creditors use misselling and take advantage of their clients’ vulnerability. This chapter compares the sanctioning of granting credit in violation of Directive 2008/48/EC on consumer credit in Polish and French law and assesses its implementation in those regimes. It also compares the policies of both countries in the field of borrower protection during the COVID-19 pandemic. The research uses a dogmatic analysis of EU, Polish and French law and compares the implementation of directive 2008/48/EC. The analytical method was used to evaluate the commercial practices of creditors and the actions of national authorities. The results show that the sanctions and procedures adopted by these countries differ, although in each case the obligations of borrowers are identical. Different remedies have been adopted in the two countries to protect borrowers during the pandemic. This leads to the conclusion that consumer protection has not been sufficiently harmonised by the directive. Doubts as to whether the purpose of the directive has been achieved are confirmed by its planned revision. It must be concluded that the current economic crisis highlights the inconsistency in consumer protection. Binding sanctions for Member States should be specified in the directive. It would be more beneficial to the protection of the collective interests of consumers if the directive were to include remedial procedures, such as credit moratoria, which the Member States will be obliged to implement during the economic crisis.

Utrata, Anna, ‘The Legality of the Restrictions of the Civil and Political Rights in Poland During the First Wave of the Coronavirus Pandemic’ (2022) 51(1) Polish Political Science Yearbook 96–111
Abstract: This article aims to answer the question about the legality of the selected measures implemented by the Polish government during the first wave of the coronavirus pandemic, which resulted in constitutional rights and freedom restrictions. The study focuses on examining selected restrictions implemented in the spring of 2020 in the light of the Polish Constitution, especially in the light of Article 31 (3), which defines the premises of limitation of citizens’ rights and freedoms. It indicates the lack of legal basis and incompatibility with constitutional premises of many restrictions. The study further examines the premises of the introduction of the state of emergency, indicating that the government’s decision not to impose such a state was legal and why. The study considers legal status from March 13 to May 16, 2020.

Wierzbicka, Katarzyna, Marcin Zieleniecki and Sylwia Pangsy-Kania, ‘Support for Contribution Payers in the Field of Social Security in Connection with the Covid-19 Pandemic ? Selected Legal and Economic Issues’ (2023) 68(1) Studies in Logic, Grammar and Rhetoric 393–407
Abstract: The presented study raises the issue of contribution payers in the field of social insurance, in particular based on the Covid-19 pandemic. Searching for ways of supporting was determined by the deterioration of the financial condition of entrepreneurs as payers of contributions. In 2020, there were no instruments or mechanisms to support entrepreneurs in a lockdown situation, which implied the need to build such tools and the legal environment for SMEs practically from the beginning. The Social Insurance Institution (ZUS) was entrusted with the role of a stabilizer, consisting in servicing entrepreneurs as part of subsequent editions of the Anti-Crisis Shield. During the announcement of the COVID-19 pandemic, ZUS used the following forms of support for contribution payers: exemption from the obligation to pay contributions, postponement of the payment of contributions and payment of contributions in installments. The research question concerned the enforcement of the law and respect for the basic rights of entrepreneurs in the scope of the support used. In order to solve the research task legal interpretation were used in the work. The author’s considerations lead to the conclusion that forms of support used in connection with the Covid-19 pandemic turned out to be effective and may be used in the future in emergency situations. An important science contribution of the article results from the combination of the selected legal and economic aspects.

Woźniakowska-Fajst, Dagmara and Katarzyna Witkowska-Rozpara, ‘How Neoclassical Criminology, Penal Populism and COVID-19 Helped to Escalate the Repressiveness of Criminal Law – the Case of Poland’ (2021) 44(1) Archives of Criminology / Archiwum Kryminologii 77–106
Abstract: Since almost the very beginning of the 21st century, the prevalent criminal policy in Poland has been punitive, seeking to solve almost all problems related to crime by means of one solution, i.e. more severe penalties. At the same time, for more than 20 years political power has been wielded by conservative parties. It will come as no surprise that neoclassical criminology, with its retributive approach to punishment and repeated invocation of a social sense of justice, appeals most to a conservative government. Neoclassical criminology is also a good starting point for creating a penal offer typical of penal populism. In this article we analyse the latest changes in law related to the amendment of the Penal Code in June 2019. Although the amendment did not enter into force, it triggered operations aimed at tightening criminal law, with some of the changes proposed in the amendment adopted with the introduction of anti-crisis acts related to the COVID-19 pandemic.

Zombory, Katarzyna and Németh Zoltán, ‘To Introduce or Not to Introduce? Regulation of the State of Emergency Under the 1997 Polish Constitution vs the COVID-19 Pandemic’ in Zoltan Nagy and Attila Horváth (eds), Emergency Powers in Central and Eastern Europe : From Martial Law to COVID-19, (Central European Academic Publishing, 2022) 189

Portugal

Anjos, Maria do Rosario, ‘Public Procurement in Times of Pandemic Covid 19: The Exception Regime in Portuguese Law and Times of Change in E.U.’ in Jeton Shasivari and Balázs Hohmann (eds), Expanding Edges of Today’s Administrative Law (ADJURIS, 2021) 196–204
Abstract: This work focuses on the importance of public procurement in the context of the recent COVID 19 pandemic and the impact it has had on the legal rules for these con- tracts. The analysis refers to the context of the Portuguese legal order and its connection to the European Union law. Objectives: examine the effects of the pandemic on the legal regime of public procurement in Portugal and its compliance with EU law. Analysis of legislative measures adopted by the prevention, containment, mitigation and treatment of epidemiological infection by COVID-19. Methodology: study of new legal measures introduced in pandemic time and study of the solutions adopted by Portuguese law. Results: we present the results of analysis of changes to the rules applicable to the formation of public works contracts, contracts for the leasing or acquisition of movable property and the acquisition of services, provided by the administrative public sector or similar, as result of the pandemic crisis. :

Bohdan, Anna, Bartosz Maziarz and Agnieszka Dornfeld-Kmak, ‘Impact of the COVID-19 Pandemic on the Legal Migrant in Poland, Portugal, Latvia, and Belgium’ (2021) 24(1) European Research Studies Journal 522–531
Purpose: The article aims to analyze the impact of the COVID-19 pandemic about legal migrants in selected European Union countries amidst the tighter restrictions and travel constraints introduced worldwide. Design/Methodology/Approach: The article uses data and source analysis and a modeling method to demonstrate the extrapolation of migration trends. Findings: The employed methodology enabled the authors to establish that in Poland, Portugal, Latvia, and Belgium, measures were taken to respond to the COVID-19 pandemic in the context of legal migrants residing on their territories during the introduction of the movement restrictions. Practical Implications: According to the authors, the exposure of the measures against the negative impact of the COVID-19 pandemic on migrants may deepen cooperation between the country authorities concerning helping legal migrants, leading to strengthened security in this area. Originality/value: In the face of the COVID-19 pandemic and the dynamically changing health situation in the world, as well as the related lack of up-to-date sources and studies, partial scientific studies demonstrating a selected fragment of reality are critical. In the short and long term, they will enable researchers to learn about the type of actions taken by state authorities concerning migrants legally residing in their territory. :

Carvalho, Jorge Morais and Sandra Passinhas, ‘Consumer Law and COVID-19 in Portugal’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: The periods of crisis have a negative impact on the level of consumer protection, with the emphasis on other objectives, in particular those linked to the functioning of the market. This text aims at demonstrating that. In Portugal, measures adopted to face the economic and social effects of COVID-19 can be characterised twofold: those that reduce the level of consumer protection and those that aim to protect particularly vulnerable consumers. Evidence will be given in the following fields: tourism (package travel, hotel or short-term accommodation bookings), services of general interest (specially, water, electricity, gas and telecommunications provision), credit agreements (both mortgage credit and consumer credit), electronic payments, sale of goods, and the price-reduction commercial practice of sales. :

Corderio, Antonio Menezes and A Barreto Menezes Corderio, ‘The Impact of COVID-19 in the Portuguese Legal System’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: The COVID-19 pandemic led, in Portugal, to the publication of 250 exceptional laws. A number of principles may be extracted from these: (1) efficiency; (2) preservation of the status quo; (3) crystallisation of risk; (4) socialised damages. These principles operate in conjunction with the fundamental values of the system, notably those of good faith (bona fides) and related institutes: culpa in contrahendo, abuse of rights, change of circumstances and complexity of obligations. :

‘Coronavirus: Impact on Penalties: Portugal’ [2020] (8 April) Lawyer (Online Edition) 1
Abstract: The article informs that breach of legal provisions regulating market organization is punishable in Portugal under public health epidemiological crisis. It mentions that crimes aimed at repressing anti-economic and public health offences, the law provides for and punishes as a crime the acquisition of essential goods, such as medicines, masks, or disinfectant product in the situation of coronavirus. :

da Costa Afonso, Ana Isabel, ‘The Juridical Impact of COVID-19 in Portuguese Tenancy Contract Law’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: In response to the public health emergency derived from the COVID-19 disease, Portugal opted for a relatively strict lockdown. Most business activities were suspended and citizens were put under an obligation of confinement. This has created serious disruptions in people’s life and professional activities. In this paper we will address the specific measures the Portuguese legislator put into force to solve the problems aroused in tenancy contracts, namely, the adjournment of the obligation to pay rent and the suspension of eviction’s effects. Since the legislative measures do not have a general scope that could comprehend all of the tenancy contracts and provide only for a limited and very specific set of solutions, we believe that it is necessary to turn to other legal provisions of a more general approach in order to give an adequate response to the problems encountered in tenancy contracts as a consequence of the pandemic. :

Dias, João Paulo et al, ‘Judicial Responses to COVID-19 Attack: Impacts on the Working Conditions of Portuguese Courts’ (2021) 12(2) International Journal for Court Administration 1–14
Abstract: The coronavirus outbreak shows the critical importance of health and safety at work measures and working conditions in all sectors of activity, including the judicial system. The COVID-19 crisis put pressure on the Portuguese judicial system to implement new procedures and practices in a very short time, which severed and exposed some previous identified fragilities of the judiciary organization and management of the judicial system, with consequences in the working conditions of the judicial professionals. The main objective of this article is to analyse the response(s) to the coronavirus crisis concerning the working conditions in the Portuguese judicial system. The pursuit of this objective involved the collection and analysis of legislation and regulation and online news, opinion pieces and press releases from the judicial associations and public official institutions from February to June 2020 concerning the response to the COVID-19 pandemic in the judicial system. :

Faria, Rita, Jorge Quintas and Pedro Sousa, ‘How Did the Pandemics Shape Crime and Justice in Portugal?’ in Dina Siegel, Aleksandras Dobryninas and Stefano Becucci (eds), Covid-19, Society and Crime in Europe (Springer, 2022) 177–193
Abstract: This chapter examines how the Covid-19 pandemics impacted crime and the criminal justice system in Portugal. After describing how the pandemics affected the country and the measures issued to address it, official crime statistics show a crime drop in 2020 and particularly during lockdown periods, although disobedience, cybercrimes, and domestic violence showed different trends. The chapter also provides data about how the Portuguese police forces, criminal courts, and prisons were called upon to respond to the pandemics. Police forces were also called to enforce stay-at-home measures by patrolling the public space. However, the pandemics implied a decline in many of more traditional policing activities, which is correlated with the reported crime drop. Criminal courts were also impacted by the pandemics by suspending non-urgent activities. In prisons, an expressive number of inmates were released, and the daily routines of staff and inmates were adapted to harsh sanitary measures.

Gesley, Jenny, ‘Regulating Electronic Means to Fight the Spread of COVID-19’ (Law Library of Congress Legal Report, June 2020)
Note: This page includes a comparative summary, and links to the full report and a COVID-19 Contact Tracing Apps world map. Extract from Introduction: This report surveys the regulation of electronic means to fight the spread of COVID-19 in 23 jurisdictions around the globe: Argentina, Australia, Brazil, China, England, France, Iceland, India, Iran, Israel, Italy, Japan, Mexico, Norway, Portugal, the Russian Federation, South Africa, South Korea, Spain, Taiwan, Turkey, the United Arab Emirates, and the European Union (EU). :

Guimarães, Maria Raquel and Maria Regina Redinha, ‘Through the Keyhole: Privacy in COVID-19 Times – A Portuguese Approach’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: Time has shown that in periods of crisis the pressure on privacy and on personality rights in general has always increased. The coronavirus pandemic has not been an exception and several problems have emerged during this crisis. Compulsory confinement at home has led to the need for a new division of home ‘territories’ and devices, such as computers and televisions, with the ensuing compression of space, not only physical but also emotional and mental. The impact of these unique events on people’s privacy has not yet been the object of a thorough study. In this paper, the authors intend to discuss some of the issues that confinement has given rise to from a privacy perspective, among family members and housemates, co-workers and employers. :

Herbinger, Paul Luca and Norbert Leonhardmair, ‘Domestic Abuse During the Pandemic’ [2021] (Special Conference Edition 5) European Law Enforcement Research Bulletin 69–81
Abstract: From the onset of lockdown measures in response to the COVID-19 pandemic, experts and frontline responders alike warned of the detrimental impact these measures may have on the prevalence and intensity of Domestic Abuse. Early statistics issued by police and social sector organisations did not always, however, paint a clear picture corroborating this assumption. Data collected during the early stages of the pandemic for a special report to the European Commission by the EU-IMPRODOVA project, indicated similar divergent trends in the effect of lockdown measures on Domestic Abuse. This paper explores four case studies from the IMPRODOVA report (Austria, Finland, Hungry and Portugal) and develops three hypotheses to make sense of heterogenous data on Domestic Abuse during the pandemic. After identifying possible statistical artefacts, as well as socio-legal and sector specific influences on detection and enumeration as probable causes, this paper discusses the centrality of differentiating among types of Intimate Partner Violence as the key to making sense of such heterogenous data. Pointing to the structural analogies between lockdown-settings and Coercive Controlling Violence, we argue that divergence between the stagnation or decline in police data and the universal increase of calls to the social sector, must be understood as the strengthening of perceived control by perpetrators over victims of Domestic Abuse in the short-term during lockdown. By the same logic, service uptake in the medium and long-term can be explained by a perceived loss of control by perpetrators as lockdown measures are relaxed. Finally, we argue that identifying this dynamic of risk and delayed reporting is central to the development of adequate interventions and responses by frontline responders in the ongoing pandemic.

Lanceiro, Rui, Teresa Violante and Mariana Melo Egídio, ‘Portugal: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2021)
Abstract: As of 19 April 2021, in Portugal there has been an aggregate total of 831,221 infected and 16,946 deaths from Covid-19. The number of active cases is 25,059. The first two cases of Covid-19 were reported on 2 March 2020, but Covid-19 first entered Portugal on 21 February 2020, imported from Spain and Italy. On 12 March 2020, the Government announced the closing of schools until the Easter holidays. At that time, there were only a little more than 100 cases in Portugal. The first death occurred on 16 March 2020. A day later, Covid-19 was confirmed to have officially arrived in all regions of Portugal. On 18 March 2020, the first state of emergency in Portuguese democracy was declared. The most critical week of this first wave of the pandemic was observed between 30 March and 5 April 2020, with over 700 new daily cases. At the end of April, and with numbers declining sharply, the Government presented a three-part plan to ease the lockdown. The situation stabilized during the summer 2020, except for the Lisbon and Tajo Valley region, where several outbreaks worried the Government. The second wave arrived in October 2020 and lasted until the beginning of December 2020. On 19 October 2020, Portugal surpassed 100,000 confirmed cases of Covid-19 since the beginning of the pandemic, and on 7 December, the country reached 5,000 pandemic-related deaths. Vaccination against Covid-19 started on 27 December 2020 in hospitals and immunised many health professionals from the most critical services. The third wave, which started after Christmas 2020 and lasted through February 2021, reached its peak of 16,432 new cases and 303 deaths in a single day on 28 January, dwarfing all the figures of the previous waves and bringing the Health Care System to the brink of collapse. The number of people in hospitals, with a high of 6,869 people admitted on 1 February and 904 patients in intensive care on 5 February, forced Portugal to accept aid from other European countries, such as Germany, Austria, and Luxembourg. Only the new general confinement declared on 21 January 2021 managed to stop an escalation that made Portugal one of the countries most affected by Covid-19 worldwide. The number of daily deaths from 12 January until February 2021 exceeded, on average, that of countries such as Spain or the United States. After the end of the third wave, the number of daily cases declined sharply. As of April 2021, Portugal is one of the European Union (EU) Member States with the fewest new cases per million inhabitants. The country is currently experiencing fewer deaths per day than the average of its European counterparts. Since the start of the pandemic, around 8% of the population living in Portugal has been diagnosed positive for SARS CoV-2.

Marques, Sergio Maia Tavares, ‘Social Protection of Self-Employed Workers during the COVID-19 Pandemic in Portugal and the Role of EU Law’ [2020] (3) IgualdadES 437–454
Abstract: In recent years, the increasingly dominant economic structure in the EU has been ignited by digital platforms and e-tools that depend upon independent and precarious workers, in special after the financial crisis. Such background hampers the social protection rights of workers and in the context of the COVID-19 pandemic they find themselves further exposed. This deprotection is even more evident concerning the self-employed, as independent workers, due to their precarious job relations, are less covered by social assistance than contracted ones. In Portugal, the national government approved an emergency aid to face this context. The present paper seeks to ascertain if such benefit, albeit possibly lawful in light of EU law, might be insufficient for the purpose of combating social exclusion. It lastly reflects how the EU could live up to its role of complementing national action in social matters. :

Nogueira, Pinto and João Félix, ‘Tax Reactions to the SARS-CoV-2/COVID-19 Pandemic in Portugal’ (SSRN Scholarly Paper No ID 3750156, 16 December 2020)
Abstract: This study is focused on the tax measures that have been enacted in Portugal, following the health and economic crisis created by the SARS-CoV-2/COVID-19 pandemic. Firstly, it aims at comprehensively characterize the measures enacted, structuring them by thematic clusters, enabling a structured reading that the mere exam of the legislation and administrative guidance does not allow. Secondly, it aims to critically assess the measures adopted and uncovering the rationale behind their adoption. The study allowed us to conclude that the tax system was not the priority weapon used for the government to react to the pandemic. Nevertheless, many measures have been enacted, most of them with a non-substantial nature and related to the postponement of deadlines for the submission of tax returns or for payments of taxes due. A careful review of the measures revealed that some areas could have been better dealt with, in order to increase legal certainty of the addresses of the measures. Moreover, the connection between some measures and the pandemic is not completely clear, which raises suspicion on the real reasons behind the adoption of the rules. The same careful review has shown that many governmental actions correspond to best practices that should not only be praised but also be considered as examples to be followed by other countries. This is namely the case of the care in providing correct, easy-to-follow guidance to taxpayers on the impact of the measures that have been adopted. All in all, these surgical measures tax measures adopted seen to be able to avoid further commercial and financial disruptions in the economy, avoiding situations of bankruptcy or avoidable hardships for taxpayers which would have only added more disruption to the one that the SARS-CoV-2/COVID-19 inevitably introduced. :

Nogueira, Pinto and João Félix, ‘Tax Reactions to the SARS-CoV-2/COVID-19 Pandemic in Portugal’ (SSRN Scholarly Paper No ID 3779994, Social Science Research Network, 5 February 2021)
Abstract: This study is focused on the tax measures that have been enacted in Portugal, following the health and economic crisis created by the SARS-CoV-2/COVID-19 pandemic.First, it aims at comprehensively characterizing the measures enacted, structuring them by thematic clusters, enabling the reader to understand the concrete impact of the significant array of legislation and administrative guidance does not allow. Second, it aims to critically assess the measures adopted and uncover the rationale behind their adoption.The study allowed us to conclude that the tax system was not the priority weapon used by the government to react to the pandemic. Nevertheless, many measures have been enacted, most of them with a non-substantial nature and related to the postponement of deadlines for the submission of tax returns or for payments of taxes due.A careful review of the measures revealed that some areas could have been better dealt with, in order to increase legal certainty of the addresses of the measures. Moreover, the connection between some measures and the pandemic is not completely clear, which raises suspicion on the real reasons behind the adoption of the rules.The same careful review has shown that many governmental actions correspond to best practices that should not only be praised but also be considered as examples to be followed by other countries. This is namely the case of the care in providing correct, easy-to-follow guidance to taxpayers on the impact of the measures that have been adopted.All in all, these surgical tax measures adopted seem to be able to avoid further commercial and financial disruptions in the economy, avoiding situations of bankruptcy or avoidable hardships for taxpayers which would have only added more disruption to the one that the SARS-CoV-2/COVID-19 inevitably introduced. :

Oliveira, António Mendes et al, ‘An Overview of the Portuguese Electronic Jurisdictional Administrative Procedure’ (2023) 12(5) Laws 84
Abstract: In this paper, we seek to define the Portuguese Electronic Jurisdictional Administrative Procedure and characterize the scope and success of its implementation in terms of access to justice and court efficiency. It encompasses different perspectives on the judicial system and the electronic administrative procedure, reflecting the diversity of its authors, and combines a theoretical approach and discussion with statistics produced with official judicial data. Therefore, it introduces the issue and its background and discusses the models and principles of electronic judicial procedure and its representation in the Portuguese judicial procedure and law. It also presents the Portuguese exceptional and temporary regime for conducting judicial hearings in the context of the COVID-19 pandemic, discussing its merits and presenting the corresponding judicial statistics. The paper concludes that the advent of electronic judicial procedure, driven by technological advancements and aiming to achieve procedural effectiveness and efficiency, represents a paradigm shift and a change in the nature of the legal process, i.e., an ontological transformation in the theory of the process that requires a robust conceptual framework, to ensure consistent interpretation and application of procedural law and to guarantee respect for equality and legal certainty.

Raposo, Vera Lucia, ‘Portugal: Fighting COVID-19 in the Edge of Europe’ [2020] (1S) BioLaw Journal / Revista di BioDiritto 723–730
Extracts from Introduction: Portugal has been praised, amongst its European pairs and outside Europe, for its answer to the CoViD-19 pandemic. The key – or one of the keys – for the Portuguese (moderate) success was the timely declaration of the state of emergency, done in a moment in which the country was not yet in a real public health crisis.… Basically, a large set of acts have been issued, not all of them clear enough, making it difficult to assess the regime under the State of Emergency in Portugal. The decision to impose the state of emergency was very debated among Portuguese constitutionalists. Some argued that the Constitution does not provide legal grounds to impose compulsory isolation and compulsory quarantine, therefore, such measures could only be imposed under the state of emergency…The necessity to impose the state of emergency in Portugal had a very clear purpose: to provide legal grounds for the suspension of some individual rights and liberties, as required to deal with the pandemic. :

Raposo, Vera Lúcia and Teresa Violante, ‘Access to Health Care by Migrants with Precarious Status During a Health Crisis: Some Insights from Portugal’ (2021) 22(4) Human Rights Review 459–482
Abstract: In March 2020, the Portuguese Government issued a remarkable regulation by which irregular migrants who had previously started the regularization procedure were temporarily regularized and thus allowed full access to all social benefits, including healthcare. The Portuguese constitutional and legal framework is particularly generous regarding the right to healthcare to irregular migrants. Nevertheless, until now, several practical barriers prevented full access to healthcare services provided by the national health service, even in situations in which it was legally granted. This decision is not only remarkable in light of the fulfilling of migrants’ rights to health, as imposed by international commitments assumed by, but also in view of the fight against COVID-19. The decision is grounded both on human rights and in public health reasons. The paper is divided in two main parts. In the first one, it analyzes national State obligations with regard to healthcare provision to migrants in irregular situation. In the second part, it analyzes the Portuguese solution, using this case study to discuss the possible mechanisms to comply with such obligations. :

Ribeiro, Ana Teresa, ‘Labour Law in Portugal during the Pandemic: Main Measures and Developments’ (2022) 15(2) Italian Labour Law e-Journal 105–118
Abstract: Like in many other countries, the COVID-19 pandemic provoked the implementation of several measures in the Portuguese labour regime in order to adjust this new reality and its aftermath. This Article provides an overview of such actions, namely the suspension of employment contracts, the admissibility of absences from work due to COVID-related reasons, the mandatory telework, the new powers of the Portuguese Labour Authority, and the prohibition of dismissals. The impact of the pandemic on the overall Portuguese labour market is also addressed, as well as the most recent changes prompted by the pandemic experience. Therefore, we will provide a panoramic view of the new regime of telework as well as of the newly proclaimed duty of the employer to abstain from contacting the employees outside of the working period.

Santos Rutschman, Ana, ‘Portugalʼs Response to COVID-19’ (SSRN Scholarly Paper No ID 3640061, 1 July 2020)
Abstract: This essay for the Regulatory Review’s special series on Comparing Nations’ Responses to COVID-19 examines the early response to the pandemic in Portugal. The essay focuses on measures adopted in connection with the declarations of state of emergency and state of calamity, as well as the treatment of migrant populations throughout the pandemic. :

Sousa Antunes, Henrique, ‘Portugal’s COVID-19 Legislation and the Challenges Raised for the Change of Circumstances Regime’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: During the recent period of Portugal’s financial bailout, following the severe effects of the global financial crisis of 2008, the courts demonstrated a clear reluctance to accept claims for contract termination or modification due to change of circumstances. Within this framework, the Portuguese legislator’s responses to the pandemic raises challenges for the change of circumstances regime. The legislative activity to which COVID-19 has given rise tests the traditional understanding regarding the foundations of the institute, certainly with regard to cases related to the pandemic, but also regarding situations of unenforceability with different grounds. :

Violante, Teresa, ‘The COVID-19 Pandemic and the State of Emergency: Lessons from Portugal’ in Kostas Chrysogonos and Anna Tsiftsoglou (eds), Democracy after Covid: Challenges in Europe and Beyond (Springer, 2022) 23–44 [unpublished chapter available on SSRN]
Abstract: The present chapter analyses the normative response of Portugal to the coronavirus crisis. As in other European Member States, the reaction to the pandemic was developed through a combination of enactment of the constitutional state of emergency, in the first and third phases, with the resort to the statutory administrative emergency regime. Under both frameworks, there has been a strengthening of the role of the executive at the expense of a parliamentary retreat. This chapter covers both responses to the pandemic and their shortcomings mainly concerning the lack of democratic legitimation of the fight against the pandemic in the face of a parliamentary circumvention and abdication. :

Zetzsche, Dirk A et al, ‘The COVID-19-Crisis and Company Law: Towards Virtual Shareholder Meetings’ (University of Luxembourg Faculty of Law, Economics & Finance No WPS 2020-007, 15 April 2020)
Abstract: Legislation responding to COVID-19 allows us to examine how, and to what effect, the corporate governance framework can be amended in times of crisis. Almost all leading industrialized nations have already enacted crisis legislation in the field of company law. Here, given the difficulties or indeed the impossibility of conducting in-person meetings currently, the overall trajectory of company law reforms has been to allow for digitalization.We note five fields in which legislators have been particularly active. First, the extension of filing periods for annual and quarterly reports to reflect the practical difficulties regarding the collection of numbers and the auditing of financial statements. Second, company law requires shareholders to take decisions in meetings – and these meetings were for the most part in-person gatherings. However, since the gathering of individuals in one location is now at odds with the measures being implemented to contain the virus, legislators have generally allowed for virtualonly meetings, online-only proxy voting and voting-by-mail, and granted relief to various formalities aimed at protecting shareholders (including fixed meeting and notice periods). Third, provisions requiring physical attendance of board members, including provisions on signing corporate documents, have been temporarily lifted for board matters. Fourth, parliaments have enacted changes to allow for more flexible and speedy capital measures, including the disbursement of dividends and the recapitalization of firms, having accepted that the crisis impairs a company’s equity. Fifth and finally, some countries have implemented temporary changes to insolvency law to delay companies’ petitioning for insolvency as a result of the liquidity shock prompted by the imposition of overnight lockdowns.This working paper seeks to (1) document the respective crisis legislation; (2) assist countries looking for solutions to respond rapidly and efficiently to the crisis; (3) exchange experiences of crisis measures; and (4) spur academic discussion on the extent to which the crisis legislation can function as a blueprint for general corporate governance reform. Countries considered in full or in part include Australia, Austria, Belgium, Canada, China, France, Germany, Hong Kong, India, Italy, Luxembourg, the Netherlands, Norway, Portugal, Singapore, South Korea, Spain, Switzerland, Thailand, the United Kingdom, and the United States. Readers are encouraged to highlight any inaccuracies on the part of the authors in their presentation of the respective laws, and to bring further crisis-related legislation not considered in this working draft to the attention of the authors. Moreover, readers are invited to indicate where there is room for improvement therein, and/or to signal the need for policy reform.

Romania

Alexe, I et al, ‘Legal Provisions Tendencies of Malpractice and Medical Liability Regarding the COVID-19 Pandemic’ (2021) 29(3) Romanian Journal of Legal Medicine 299–304
Abstract: COVID-19 continues to be both a major medical problem and a real ethical and forensic issue, profoundly affecting both patients and health services around the world. This pandemic has produced major changes in the provision of healthcare, especially in patients with chronic conditions. The consequence has been the deviation in some medical situations from the medical guidelines and protocols in force with forensic risks for clinicians. When the criteria of professional competence are met, the civil liability ensures a protection of the health workers. Disputes can arise when there are doubts about how the medical activity was performed in safe conditions for patients, when local care decisions were made or when there are no nationally validated guidelines. In conclusion, clarifying legal concepts on the public health crisis, developing a legislative framework and appropriate means to combat it, are important desideratum on more judicious management of a crisis situation. :

Alunaru, Christian and Lucian Bojin, ‘Coronavirus and the Law in Romania’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: Romanian authorities reacted to the COVID-19 pandemic with various legal instruments, applying in numerous fields of law. Some measures were implemented in order to control the spread of the disease and to ensure the maximum capacity of the healthcare service providers to deal with the situation. Other measures addressed (and tried to mitigate) the economic consequences of the pandemic and of the measures from the first category. Both types of measures involved certain serious limitations on the exercise of certain fundamental rights, which would not have been compliant with the constitutional provisions governing Romania in normal times. Because of this, the state of emergency was declared (and was in force for 60 days) in order to allow authorities to adopt the proposed measures. These measures applied in various fields, among which: healthcare, public order, public administration, labour and social security, performance of agreements, dispute resolution, education. :

Armeanu, Andrei, ‘Legal Limitations of the Constitutional Rights of Institutionalized Persons Imposed during the SARS-CoV-2 Pandemic’ in Proceedings (Zenodo, 2020) 108–112
Abstract: The rapid emergence and evolution of the SARS-COV-2 epidemic in Romania has led national state authorities to adopt a series of measures limiting citizens’ constitutional rights. These measures were ordered to limit the spread of the pandemic on national territory and were established by Presidential Decree on March 16, 2020. The Presidential Decree no. 195/2020 - on the establishment of emergency status on Romanian territory, allowed the limitation of certain constitutional rights, including those of institutionalized persons, for 30 days. The main rights affected were the right to free movement, the right to intimate, family and private life, the right to education, and the right to private property. Later, the government decree under which the state of alert was ordered extended some of these legal limitations, to the present day. In Romania, the persons in institutions, including the elderly, persons with disabilities and children, remain among the most vulnerable during the current state of alert. In the present study, we will analyse the effects of limiting the constitutional rights of institutionalized persons during the state of emergency and state of alert, pointing out the main issues raised by the Ombudsman and referencing some legal and practical solutions proposed by NGOs and the EU institutions. :

Bäcker, Roman and Joanna Rak, ‘Electoral Laws during the COVID-19 Pandemic as a Tool of Quasi-Militant Democracies: Comparative Perspective’ in Magdalena Musiał-Karg and Izabela Kapsa (eds), Elections in Times of a Pandemic: Dilemmas and Challenges (Brill, 2024) 41–55
Abstract: COVID-19-driven post-communist states face strong authoritarian tendencies, but also their empowered political nations efficiently act against anti-democratic actors’ actions. This study explores the use of electoral laws in Poland, Hungary, Romania, and Bulgaria as a political tool and its influence on the sovereignty of the political nations. Embedded in the theory of neo- and quasi-militant democracy, it aims to explain to what extent the electoral laws adopted or proposed for adoption during the COVID-19 pandemic reduced the scope of the sovereignty of the political nations. The relationships between the legal changes and the sovereignty are analysed with qualitative source analysis and reflexive thematic analysis. As the analysis of themes across the attempts to shape the sovereignty of the political nations shows, changes to the electoral laws were introduced in a hurry, in the privacy of ministerial offices, and without social consultation. Such a way of proceeding stemmed from the need to change the law as soon as possible and thus avoid or reduce the resistance from the political opposition, other centres of public authority, and non-governmental organisations (Poland, Hungary, Romania, Bulgaria).

Bîrsan, Gabriel, ‘Religion–COVID-19 Interplay in Romania’ in Brian Conway et al (eds), Religion, Law, and COVID-19 in Europe: A Comparative Analysis (Helsinki University Press, 2024) 421–442 [OPEN ACCESS E-BOOK]
Abstract: The COVID-19 pandemic dramatically influenced the whole of human society, from the least significant of its components to fundamental ones, such as religion. The present chapter aims to explore how this global event altered the religious landscape in Romania. The main goal is to investigate how religious institutions and individuals affected and were affected by the legal and social changes provoked by the pandemic. Considering the local historical, political, and cultural particularities, it observes how religious behaviour changed, at the group level as well as individually, following the imposition of pandemic restrictions; how public authorities succeeded (or not) in ensuring an acceptable level of (collective) religious freedom; how religious institutions succeeded (or not) in continuing to structure social life, from the personal context to the public or legal one; and how religious groups facilitated or hindered the adherence to public health measures and what public opinion was to their public actions. The Romanian case shows how important it is to have clear legislation as well as a structured dialogue among the main social actors in order to ensure that all rights and freedoms are exercised in a fair manner in a moment of maximum stress caused by a global medical issue.

Botar, Claudia-Florina, ‘The Pandemic Wave’s Legal Effects on Entrepreneurship in Romania. A Compilation from Midway Through the Global Health Crisis (I)’ (2024) 5(4) CECCAR Business Review 1–14
Abstract: The rapidly developing coronavirus pandemic’s footprint requires a deeper investigation in terms of the consequences on the business environment. The literature on this subject is vast, as confirmed by the present work, the unprecedented health situation creating the conditions for studies, analyses and syntheses related to the specific framework created by the crisis with resounding effects on the economic world. Highlighting how the pandemic situation has affected the legal position of enterprises, in terms of insolvency, dissolution, deregistration, etc., is the primary goal of the research on the repercussions of the pandemic wave on the entrepreneurial environment. In addition, we want to quickly discuss the level of interest that academics have in the topic, which is a crucial component in understanding the mechanisms underlying the events and their substance. The methods of analysis of the main topic define the methodology of scientific research, being represented by specific research techniques such as literature review, analysis, synthesis and specific means of bibliometrics. Overall, the coronavirus pandemic is significantly affecting businesses’ legal circumstances, and researchers from all over the world are becoming interested in this issue.

Cercel, Cosmin, ‘Law, Politics, and the Military: Towards a Theory of Authoritarian Adjudication’ (2021) 22(7) German Law Journal 1192–1208
Abstract: This Article explores both theoretically and historically the core features of authoritarian adjudication. It attempts to offer an ideal type of what could mean a full assertion of authoritarianism in the context of adjudication. It aims to do so by first highlighting the value of insights that critical legal history can bring to the current discussion of populism. Second, it explores the paradigm of the exception that it aims to revise and ground in a historical analysis of the interwar period. Third, it considers the intellectual and practical lines of continuity between current reactions to the pandemic and the historical role of the military in modernity by drawing on the example of Romania. In a final part, it provides a reflection on the confusion between law, politics, and military concerns as a specific feature of modern authoritarianism. :

Cojocaru, Marius-George, ‘Romanian Parliamentary Elections of 2020. A Case Study of the Legal Framework and the Challenges of the Covid-19 Pandemic’ (2024) 13(1) Annals of the Ovidius University of Constanta - Political Science Series 131–154
Abstract: Romania does not have an electoral code but has a real legislative framework that is the basis for the organization of elections: laws, decisions of the government or of the Permanent Electoral Authority, or decisions of the Central Electoral Bureau. The 2020 parliamentary elections were organized on December 6th, under the special conditions generated by the SARS COV 19 pandemic. It was a complex electoral process involving numerous public institutions and an record number of officials and volunteers. The budgetary effort was approximately 128 million euros. The result: a bicameral legislative body, made up of 330 deputies and 135 senators. The purpose of this paper is to present the way these elections for the constitution of the Legislative Body were organized and conducted, but also to show the need to unify the normative acts that determine the legal framework of the organization of elections. In the first part, I will briefly review the evolution of Romanian parliamentarianism, which begins with the formation of the modern state. The creation of the Romanian democratic state was achieved with considerable difficulty, in a complicated international context, by modernizing the political system, relying on constitutional acts followed by fundamental acts issued under both types of the Romanian political regime (monarchy and republic). In the second part, I will explain the process of organizing the electoral process for the election of members of the Senate and the Chamber of Deputies through the lens of legal provisions, the role of the Permanent Electoral Authority, the Prefect’s institution and the mayors involved in the organization and conduct of elections, but also the activities of electoral experts and of computer operators. We paid special attention to the way elections are organized for the citizens living abroad, both in the polling stations set up with the support of the Ministry of Foreign Affairs, but also to voting by mail.

Cordoş, Alexandru, ‘The Efficiency of Legal Norms in Communication and Public Relations during the Coronavirus Pandemic in Romania’ [2021] (1) Fiat Iustitia 195–206
Abstract: The present study is the result of an empirical research of qualitative sociology of communication and public relations in the context of the ‘Coronavirus Pandemic in Romania’. Our hypothesis was that, just as in commercial communication, public relations take precedence over advertising, in the administrative and political context, public relations overwhelm public communication. We analyzed the relationship between the efficiency of transmitting legal norms through public communication. We analyzed the relationship between the efficiency of transmitting legal norms through administrative and political public communication, related to the ability to influence and divert public opinion of public relations conducted on social networks, but also in traditional media. We compared the influence of messages from one sphere or another on public opinion with the intention of highlighting the mechanisms of action of the ‘post-truth’ and ‘fake-news’ and to outline possible rules and legal procedures to limit influence. :

Criste, Mircea and Andreea Verteș-Olteanu, ‘The Exercise of Fundamental Rights in Pandemic Times’ in Rainer Arnold and Javier Cremades (eds), Rule of Law and the Challenges Posed by the Pandemic (Springer, 2023) 219–232
Abstract: The present article examines the defining features of fundamental rights and freedoms in the context of the COVID-19 pandemic, with a focus on Romania’s legal framework for the establishment of a state of emergency. The pandemic presented an unparalleled opportunity to address the restrictions on fundamental rights and freedoms, particularly with regard to the limits of such restrictions. Fundamental rights are distinguished from fundamental freedoms, with the former imposing positive correlative obligations on the state and the latter being subject to negative obligations. The recognition, promotion, and protection of certain fundamental rights are related to transnational, global moral values, which have led to a real ‘inflation’ of rights. The article notes that limitations on the exercise of rights must be proportional, non-discriminatory, and cannot affect the very existence of the right or freedom. In Romania, the President has the authority to declare a state of emergency, subject to the approval of Parliament, which conducts a full analysis of the grounds and legality of the measure. The Romanian Constitution institutionalizes a series of effects generated by the establishment of the state of emergency to guarantee the exercise of parliamentary control in a situation of constitutional crisis. The aim of the article is to demonstrate that the management of crisis situations through the application of the state of emergency is a shared competence of the two representative authorities of the Romanian people—the Parliament and the President.

Dinu, Cătălina Georgeta, ‘Some Shortcomings of the Legal Framework Applicable in the Covid-19 Context’ in Paper Presented at ConScienS Conference Proceedings, 17-18 January 2021, 81-85 (Zenodo, 2021)
Abstract: The article presents some aspects of the recent past of the pandemic with COVID-19, namely during 2020, either from a state of emergency or from a state of alert that was established in Romania. The exceptional situation still found around the world has led public authorities to take unprecedented action and to quickly develop a legal framework to implement these measures. The regulations adopted were not without ambiguities or ambiguities, which is why, in this study we set out to present some examples, namely: the situation of homeless people, rail passenger transport, restricting traffic exclusively in the metropolitan area, protection of chronic patients and not only. The aim of the research is to identify solutions to improve the legislation starting from concrete cases, but also to present the difficulties that the Romanian state authorities have faced and continue to face, in some cases and what solution has often been brought for balancing the relationship between rights and prohibitions, in the context of the need to protect public health by restricting individual rights and freedoms. :

Dragos, Calin, ‘The Right to a Competent Court, Composition of Courts in Civil Cases, Principle of Stability of Panels during Covid-19 Pandemic: The Case of Romania’ in Katarzyna Gajda-Roszczynialska (ed), Impact of the COVID-19 Pandemic on Justice Systems: Reconstruction or Erosion of Justice Systems: Case Study and Suggested Solution (V&R Unipress, 2023) 341 [OPEN ACCESS E-BOOK]

Farca, Laura Alexandra and Dacian Dragos, ‘Resilience in Times Of Pandemic: Is the Public Procurement Legal Framework Fit for Purpose?’ (2020) 16(SI) Transylvanian Review of Administrative Sciences 60–79
Abstract: This article aims to analyze whether the legislation enacted in the field of public procurement in Romania, based on the 2014 EU Directives, is effective in fostering resilience of the public institutions and indirectly of communities, and to provide a fit-for-purpose mechanism for dealing with the pandemic generated by the new type of coronavirus, Sars-CoV-2. The article discusses the necessity of new rules meant to promote swiftly purchases during the state of emergency.Undoubtedly, the pandemic generated crisis has raised some serious challenges to which public procurement regulations is in principle properly equipped to deal with: urgent need for supplies, works and services, but also unemployment or protection of other disadvantaged categories of people. We argue that resorting to specific tools (negotiated procedures, framework-agreements, centralized procurement, sustainable and social procurement, reserved contracts) when carrying out swift interventions generated by the pandemic would have been more suitable during this health crisis or even for preventing the effects of this pandemic. Instead, the attention of the legislator has been concentrated only on (unnecessarily) exempting the swift purchases of medical equipment from the rule of law. :

Gherman, Mihaela Alexandra, Laura Arhiri and Andrei Corneliu Holman, ‘Ageism and Moral Distress in Nurses Caring for Older Patients’ (2023) 33(4) Ethics & Behavior 322–338
Abstract: This study explored the influence of healthcare ageism on nurses’ moral distress. Episodic interviews were conducted on 25 Romanian nurses in 2020. Thematic analysis revealed that all moral distress sources reported reflected macro-, meso- and micro-level ageism, benevolent and hostile, self- or other-directed, including stereotyping, prejudice, and discrimination of older patients. The COVID-19 pandemic-related ageist measures increased healthcare ageism and transformed nurses’ representations of older patients accordingly. Nurses felt moral conflict both when passively witnessing ageist acts and when perpetrating them to adhere to group norms, highlighting the need to combat ageism for both patients’ and nurses’ well-being.

Hurbean, Ada and Bogdan Florea, ‘Working from Home and Teleworking from a Fiscal Perspective’ (2021) 52(3) European Journal of Social Law / Revue Européenne du Droit Social 58–67
Abstract: The pandemic triggered by the Sars-Cov-2 virus generated a reconsideration of labor relations. Before the pandemic, working from home and teleworking were the exception, the rule being the work organized at the employer’s workstation or headquarters. The states of alert and emergency established on the Romanian territory forced the employers to look towards the organization of work from home and teleworking for their employees. While teleworking is regulated by a special law, working from home is regulated by several articles of the Labor Code. The Romanian tax legislation establishes some rules regarding the settlement and deduction by the employer of the expenses with the utilities of the teleworkers but does not contain provisions regarding the similar expenses made by the employee who are working from home. :

Iancu, Bogdan et al, ‘Romania: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2024)
Abstract: For the past 15 years, the Romanian constitutional system has also been strongly marked, if not defined, by the operation of an ‘informal constitutional change’ derived from EU-driven anticorruption conditionalities. The phenomenon of anticorruption politics has both reflected and reinforced pre-existing patterns of social, economic, political, and ideological polarization. The law and politics of pandemic management have been, for the most part, another means for the continuation of pre-existing trends towards polarization, fragmentation, and discourse instrumentalism. In keeping with classical conceptions of ‘constitutional dictatorships’, the pandemic has seen the executive acquire greater authority, primarily the presidency. However, this trend towards increased executive authority has been checked by independent institutions and a fragmented political system brought about by cohabitation and coalition governments resulting from desynchronised terms. One key feature of the pandemic response has been reliance on the military.

Iancu, Lavinia-Olivia, ‘Insolvency of the Natural Person and COVID 19 in Romania’ (2021) 7(4) Athens Journal of Law 563–574
Abstract: Considering that since 2009 draft normative acts have been submitted to the Romanian Parliament, for regulating the insolvency of the natural person, the adoption of the law into 2015 and the entry into force in 2018 represents an indisputable progress but also an entry into normality in the context that all EU member states already had legislation in this area. Three years after the entry into force of the insolvency of the natural law, we can say that the results anticipated by the legislator are far from the reality. The year 2020 characterised by the devastating effects of COVID 19, affected both individuals and legal entities. If the impossibility of overcoming difficult situations by legal entities leads to their deregistration, as far as natural persons are concerned, their disappearance due to the difficulties cannot be taken into account, they must continue their existence with overcoming the situation. Accessing the insolvency procedure of the natural persons is the solution that can be accessed by those in financial difficulty. :

Jantea, Andreea and Mugural Ghiță, ‘New Challenges for Police During the Pandemic and Specific Actions to Counteract Them in Romania’ [2022] (Special Conference Edition 5) European Law Enforcement Research Bulletin 159–164
Abstract: Measures designed to prevent the spread of SARS-CoV2 included a series of actions that contributed to the amplification of social tensions (traffic restrictions, limitation of income sources, adjacent economic shortages, return to the country of a large number of Romanian citizens, and the amount of fines for violating the restrictions provided by the military ordinances), some of which affected the activity of the police. Therefore, police had to face new threats and to ensure the respect of a wide range of limitations in regard to people’s conduct and public order. This article will analyse the specific challenges faced by the police in the period following the spread of Covid-19, mainly during the lockdown installed in Romania, challenges directly related to the measures adopted, the changes in the daily routine and the necessary actions to limit and eliminate the pandemic’s negative effects. More specific, the article analyses the group conflicts that have risen during lockdown and aggressive conduct towards Police determined by the enforcement of rules meant to limit the pandemic in different areas of the country. The paper pays a large amount of attention to the ways in which the Romanian Police approached these cases, their implication and elaborates a set of necessary measures Police needs to implement in order to properly manage them.

Kajcsa, Andrea, ‘Elections in Romania during COVID-19. An Analysis through the Perspective of the Extralegal Sources of Law’ (2021) 87(4) Curentul Juridic 13–20
Abstract: Present times have forced entire mankind to go through what is probably the biggest transformation of society in the last decades. The changes brought about by the COVID19-outbreak include every and all aspects of life: social, economic, professional, human and legal. These changes appear at local, regional, national but especially global level, in all fields of concern for a human community, at both collective and individual level. The concept of material source of law references to all of the causal influences that explain the existence of a particular legal provision, at a certain time and place. Explaining law and understanding not only its letter but also its spirit necessarily entails the identification and explanation of what conditions the particular differences in its conceptual unity. We try to highlight, in our paper, how exactly has the current COVID19-outbreak influenced law, by analyzing the latest changes in the Romanian electoral laws and the way in which the Romanian state has managed to put into balance two fundamental rights: right to protection of health and right to vote. :

Kecső, Gábor, Boldizsár Szentgáli-Tóth and Bettina BOR, ‘Emergency Regulations Entailing a Special Case of Norm Collision Revisiting the Constitutional Review of Special Legal Order in the Wake of the COVID-19 Pandemic’ (2024) 14(1) Juridical Tribune / Tribuna Juridica 5–26
Abstract: This contribution will interpret conflict between an emergency order and an ordinary law as a special case of norm collision and will revisit the constitutional review of such cases through this lens. First, the theoretical framework of emergencies will be taken into account, and then, based on the relevant constitutional case law of Austria, Germany, Hungary, Romania and Slovenia delivered during the recent public health emergency, a comparative analysis will investigate the most popular techniques to outline the scope of emergency regulation. Finally, based on this research, a three-step analysis will be proposed for constitutional courts to approach such issues by taking into account either the theoretical, the formal and the substantial aspects of the case. Apart from highlighting the role of constitutional review to establish the objective limits of emergency regulations, we also aim at giving additional weight on the formal and the theoretical prongs of the assessment of extraordinary state interferences, which have been consistently underestimated in our sense.

Lazar, Elena, ‘Disinformation about Covid: Has the Sanction Regime in Romania been Effective?’ in Gergely Gosztonyi and Elena Lazar (eds), Media Regulation During the COVID-19 Pandemic: A Study from Central and Eastern Europe (Ethics International Press, 2023) 123

Lupușoru, M et al, ‘Legal Challenges of Medical Practice during the COVID-19 Pandemic’ (2021) 29(3) Romanian Journal of Legal Medicine 305–308
Abstract: This article attempts to illustrate the challenges of medical practice during the COVID-19 pandemic. We address and discuss patient and medical worker’s safety, access to healthcare, standard of care and the emerging role of telemedicine, from both, medical and legal perspectives. We conclude that attention should be paid to problems related to allocation of scarce resources, the moral dilemma on who to treat, and pressing legal considerations regarding the medical practice during the pandemic and to burden and stress of the medical workers. :

Mantu, Sandra, ‘EU Citizenship, Free Movement, and Covid-19 in Romania’ (2020) 2 Frontiers in Human Dynamics Article 594987
Abstract: Traveling freely, smoothly and unburdened by excessive formalities and the adjoining right to reside in another EU state for work, leisure or study are the hallmarks of the mobility regime applicable to EU citizens and their family members. Measures taken by the majority of EU states to deal with Covid-19 have severely disrupted EU mobility and led to the reestablishment of internal border controls, the introduction of restrictions to travel and even travel bans. These obstacles to mobility have highlighted the EU economy’s reliance on EU migrant labor in several sectors, which was further exacerbated by the introduction of an EU travel ban at the external border. This contribution discusses measures taken by Romania that sought to restrict travel to and from Romania, while simultaneously allowing exceptions for nationals to travel to other EU states as essential workers. The Romanian response is discussed in relation to the wider EU attempts to reply to the proliferation of national measures affecting EU free movement and the functioning of the internal market and as an illustration of the need to ensure that mobility goes hand in hand with protection. :

Matei, Florina C, ‘Pandemic Pangs and Fangs: Romania’s Public Safety and Civil Liberties in the COVID-19 Era’ in Nadav Morag (ed), Impacts of the Covid-19 Pandemic (Wiley, 2022) 141–163
Abstract: This chapter discusses Romania’s COVID-19 journey through the lens of the trade-off between health security and civil liberties. It argues that the Romanian Government’s response to the pandemic was less than perfect, partly because of the inadequate legal framework on emergency situations, and partly because of political crises and clashes that plagued Romania since the outbreak of the pandemic. The measures – implemented during an initial two-month State of Emergency, followed by an ongoing State of Alert – ranged from mandatory facemask and social distancing, to obligatory quarantine, to restrictions of movement, to total lockdown. In Romania, only laws can limit civil rights and liberties; Emergency Orders, Government Decisions, or Ministerial Orders cannot restrict these freedoms. Romania implemented long-lasting and very restrictive anti-COVID measures, which constrained such human rights and liberties as freedom of association, freedom of movement, right of education, and freedom/right to vote.

Mercescu, Alexandra, ‘The COVID-19 Crisis in Romania: A Hypothesis around Penal Populism and Legal Culture’ (Working Paper, Forum Transregionale Studien No 6/2022, 2022) 47–58
Abstract: In this paper I seek to present a working hypothesis to be eventually developed in a future contribution, namely that the COVID-19 crisis exposed some problematic behaviours evocative of an authoritarian ethos on the part of both public authorities and citizens which suggest that a penal populist attitude might now be part or even embedded in the Romanian legal culture. Specifically, I will organize this contribution as follows: in the first part, I will briefly describe Romania’s reaction (as evidenced both in the official measures taken and the attitude of citizens) to the first wave of the pandemic focusing on the role of penal and military means; I shall qualify this reaction as containing some traces of penal populism. In the second part I shall offer a tentative mapping of the factors that can explain this problematic cultural reaction. Importantly, among these I include the successful fight against corruption with the consequence that what appears to have very much consolidated the rule of law in post-1989 Romania could be shown to have had the unintended and paradoxical effect of undermining the very same ideal.

Moldovan, Carmen, ‘Access to Information and Related Rights during COVID-19 from a Romanian Approach’ in Gergely Gosztonyi and Elena Lazar (eds), Media Regulation During the COVID-19 Pandemic: A Study from Central and Eastern Europe (Ethics International Press, 2023) 261

Pál, Szentpáli-Gavallér and Fegyveresi Zsolt, ‘Where is the “Special Legal Order” Heading in Romania?’ in Zoltan Nagy and Attila Horváth (eds), Emergency Powers in Central and Eastern Europe : From Martial Law to COVID-19, (Central European Academic Publishing, 2022) 221

Panainte, Septimiu and Ramona Daniela Stangaciu, ‘The Labor Inspector Searching for ... Godot: Undeclared Distance Work’ (2021) 52(3) European Journal of Social Law / Revue Européenne du Droit Social 25–42
Abstract: Undeclared labor has become an increasingly present phenomenon nowadays. Due to the pandemic context, there has been a transition towards working from home or under telework regime. These particular forms of individual labor contracts allow for greater flexibility in terms of the place where a natural person works but, on the downside, they allow the parties to disguise the agreement or to avoid fulfilling the formalities imposed by the Law, such as concluding the contract in a written form and registering its elements in the General Record of Employees. In light of the aforementioned, we aim to identify if the labor inspectors have effective means of identifying the cases of undeclared labor when natural persons are working remotely. Through this paper, in the first section, we discuss the legal background both at the national as well as at the international level, in order to shed light on the concept of undeclared work. The following two sections will be dedicated to analysing if the inspection has any perspective of being an effective mean of identifying the situations of undeclared labor. Finally, several directions of action are contoured -- as de lege ferenda proposals -- so as to tackle the issue of undeclared work. :

Patraus, Mihaela Elvira and Ionita Maria Ofrim, ‘Contractual Unpredictabiliy in the Context of Covid-19 Pandemic’ (2021) 7(4) Athens Journal of Law 485–505
Abstract: The new realities require a revitalisation of the legal system to overcome the effects of the Covid-19 pandemic. The current health crisis is, at the same time, a challenge not only for public authorities, but also for the scientific community and legal practitioners, concerned with finding viable solutions for the adaptation of legal institutions. For the legal system, the contract is an essential factor from a theoretical and practical point of view, an indispensable element for the sphere of private law; it is an essential piece of evidence that lawyers will support in the face of new challenges posed by the current pandemic context. In this article we have in view an objective analysis of the contractual contingency, starting from the jurisprudential consecration that was conferred under the previous regulation and until the introduction of this institution in the national legislation with the entry into force of the new Romanian Civil Code in 2011. We intend to present a brief retrospective on the theory of unpredictabiliy and will discuss the regulation found in national law, as well as the existence of this institution in comparative law. In a dynamic social and economic context, it is essential to clarify the relationship between the binding force of contracts and the possibility of invoking unpredictabiliy, in situations where certain changes affecting the contractual balance occur in the performance of obligations. At the same time, as a case study, we will try to answer the question whether this institution finds its applicability in the most debated issue at legal, national and international level in the current period, namely the effects on contractual relations, generated by the Covid-19 pandemic and the measures taken by public authorities to limit the effects of the virus on human health. In the sphere of performance of contractual relations, in progress at the time of the pandemic, a multitude of controversies have been created, regarding the possibility of invoking, as the case may be, force majeure, fortuitous event or unpredictabiliy and in this article we will highlight to what extent the parties have these remedies at hand. Last but not least, the study will highlight the jurisprudential orientation due to the significant changes suffered in the current social and economic context amid the Covid-19 pandemic, respectively if the institution of unpredictabiliy comes to help the contracting parties to save the contracts concluded before the pandemic which have been affected in the context of the measures and restrictions taken by each state. :

Popescu, Ramona Delia and Bogdan Dima, ‘Looking for the Right Balance: Emergency Institutional Framework and Exceptional Measures against COVID-19 Pandemic in Romania’ in Arianna Vedaschi (ed), Governmental Policies to Fight Pandemic: The Boundaries of Legitimate Limitations on Fundamental Freedoms (Brill, 2024) 307–326
Abstract: After World Health Organization (WHO) declared that the COVID-19 out- break constitutes a Public Health Emergency of International Concern (PHEIC), Romanian authorities did not immediately declare a national state of emergency.

Roba, Roxana Maria, ‘The Right to Work in the Context of the State of Emergency. Solutions and Controversies’ (2020) 83(4) Curentul Juridic 36–40
Summary/Abstract: As a result of the Decree of the President of Romania no. 195 of 16 March 2020 by which it the state of emergency was declared, employers sought to identify, where possible, solutions for continued employment for their employees. Telework and work from home have been considered viable alternative solutions in certain areas, allowing employees to work in conditions that would ensure their health protection. In other cases, employers decided on the suspension of individual employment contracts or even dismissal. This study aims to analyze the terms in which the right to work has been affected during the state of emergency, the legal solutions that could be identified but also the controversies arisen. :

Sanders, Anne, ‘Video-Hearings in Europe before, during and after the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges. :

Severin, Adrian, ‘Protection of Religious Freedom in Romanian and International Law, with Special Reference to the Case of the Romanian Orthodox Church’ (2020) 14 Conferința Internațională Educație și Creativitate pentru o Societate Bazată pe Cunoaștere - DREPT 10–21
Abstract: The establishment of the state of emergency, followed by the state of alert, in Romania, amid the Covid 19 pandemic, raised the issue of the relationship between the state and the church, as well as that of the legal regime of religious freedom in Romania. In this context, several key questions were asked. What is the distinction between right and its exercise, given that, at most, the exercise can be limited? Who establishes the content of the right to practice a religious cult? The church or the state? Is a law that requires the modification of religious beliefs, even if only in their outward expression, compatible with the principle of religious freedom? May church hierarchs be required to cooperate in enforcing such a law? What are the procedural and substantive conditions regarding the regulation of religious activity? May religious freedom be restricted in some way? If the direct limitation is not allowed, according to the Constitution, could indirect limitations be accepted? This study attempts to answer all of these questions. In essence, the answer is that the state has a wide margin of maneuver in establishing the framework for the manifestation of religious freedom, including the hygienic-sanitary measures imposed by the fight against a pandemic, but it has strict limits. In any case, religious freedom cannot be restricted in any way. :

Știrbulescu, Ileana Denisa, ‘Obligation to Wear a Mask in Open Spaces: A Violation of a Person’s Rights and Freedoms?’ (2020) 19 Analele Universității Titu Maiorescu 265–276
Summary/Abstract: Since ancient times, humanity has faced various threats and risks on the population, respectively on health, economy, but also on the manifestation and social change of citizens in a community, the latter being forced to obey certain rules and restrictions they had to abide by. The coronavirus pandemic has hit the 21st century hard, with the medical and state systems also unprepared for the humanitarian crisis.With the outbreak of this deadly virus, the wearing of a mask in both closed and open spaces was imposed as an obligation, which is why certain rights and freedoms of citizens were violated. These restrictions were imposed both in Romania and in the states of Europe, depending on the scenario in which they were, respectively the severity of the evolution of the virus. Wearing an outdoor protective mask has become an obligation imposed by several European countries, including Romania. The question arises as to whether its conduct restricts in any way the rights and freedoms of the citizen and how it is demonstrated or what this fact is based on from a legal point of view. :

Tănase, Alina Doina et al, ‘Legal Considerations on Physician Liability in the Context of the Covid-19 Pandemic’ (2024) 30(4) Medicine in Evolution 626–636
Abstract: The liability of medical staff for malpractice in the context generated by the Covid-19 pandemic is a topical issue both for those who work in the medical system and for legal practitioners. In order to carry out this observational-prospective study, a questionnaire was drawn up consisting of 10 closed questions with a yes or no answer, which had the role of analyzing the opinion of doctors regarding the incidence of malpractice allegations during the COVID-19 pandemic. After completing the completion period, the questionnaires were centralized and analyzed statistically. The majority of doctors considered that the emergence of the pandemic favored an increased level of stress and anxiety among the specialized staff working in health facilities, a fact that inevitably led to the appearance of complaints from patients, as a result of various professional errors what were committed and which resulted in the prejudice of their rights, especially the right to health. The central conclusion of this study focuses on the future development of a legislation that should enjoy clarity and brevity, being unambiguous and adapted to various unexpected situations, as was the pandemic generated by the emergence of the SARS-CoV-2 virus.

Tomescu, Raluca Antoanetta, ‘Application of Exceptional Measures, Imposed by the State of Emergency, in Romania’ in Jeton Shasivari and Balázs Hohmann (eds), Expanding Edges of Today’s Administrative Law (ADJURIS, 2021) 205–217
Abstract: Recently, the society faced a series of special events, due to the risk situation caused by the spread of the SARS-CoV-2 virus at the international level, which forced the countries of the world to take special measures. At national level, this context was reflected in some exceptional measures in the institutions, namely the decree of the state of emergency, on the entire territory of the country and the restriction of some fundamental rights, for the first time in post-December Romania. Beyond the impact of the moral, economic or legal consequences, which it had on the community of institutions of these extremely drastic measures, the society had to face, not only with new social orders, but also some unclear situations, which aroused countless controversies over the meaning and application of legal rules, the interpretation of which raises even more questions and endless controversy. Therefore, we considered that a retrospective look at the basis of the measures implemented and the practical way in which they are applied is self-imposed. :

Țop, Dan, ‘The Economic and Social Consequences of the Increase in the Number of Employees Working, as an Effect of the Coronavirus Pandemic in the Telework Regime in Romania’ (2021) 52(3) European Journal of Social Law / Revue Européenne du Droit Social 7–16
Abstract: The coronavirus pandemic accelerated the transition to online by 5 years. Although the IT industry has exploded in the last 20 years, Romania is still at the bottom of the European ranking on digitization, ranking 26th out of 28 countries. In Romania only in 2020 the Romanian Digitization Authority (ADR) was established. and a ministry of research and digitization has been set up and some interesting provisions appear in the government program, such as the introduction of informatics in primary classes. Statistics show that only 9.2 percent of jobs with earnings below the average wage in the economy could be done in telework. It is now more difficult to assume that there will ever be a return to normalcy, especially since the restrictive measures imposed over a longer period of time lead to changes in human behavior in such a way that it is impossible to predict to what extent once. what the crisis generated by Covid-19 will disappear will return to a lifestyle similar to that before this period. :

Ţop, Dan, ‘Flexibilization of the Work Schedule, One of the Most Wanted Facilities After the End of the Pandemic’ (2022) 56(3) European Journal of Social Law / Revue Européenne du Droit Social 20–27
Abstract: In recent years we have witnessed a series of important changes in labor law,determined both by the need of companies to keep their employees motivated and productive,and by the trends imposed by the new generations that give more importance to personal and professional life. who prefer flexible hours, to the detriment of the rigid standards imposed bathe relevant legislation. Many employees want a more flexible work schedule once the Covid-19 pandemic is over and they will have to return to work. Some opt for moderate options, while others want to make significant changes, such as adopting a hybrid work regime. This requires that employees be able to choose their work schedule and also where they want to work. If most of the countries in which the 4-day-a-week work schedule was tested considered a proportional reduction in the number of hours worked in a week with the maintenance of the salary unchanged, it should be noted that in Romania and Belgium, the concept of short working week only considers a merging of the 40-hour working week into 4 working days and the granting of 3 days off. Another way to make work more flexible regulated by the Labor Code is the individualized work schedule. However, an important aspect, which deserves to be pointed out and which concerns both situations described above, is the one related to the fact that, once the state of alert is over, the regulation of telework will be done exclusively based on Law no. 81/2018.

Vernea, Candit-Valentin, ‘Pandemic, Insolvency and Labour Relations: Current Challenges’ (2021) 52(3) European Journal of Social Law / Revue Européenne du Droit Social 81–89
Abstract: By means of this article, the author analyzes the effects of the new coronavirus disease, both from an economic perspective and from the perspective of the affected workforce. The article is structured in four parts. The first part aims to introduce the burst of the COVID-19 pandemic and its global effects. The second part analyzes the evolution of the insolvencies of the economic operators in Romania after the outbreak of the COVID-19 pandemic. The third part analyzes the methods used by most companies in their efforts to tackle the spread of the SARS-CoV-2 infection. The last part of the article, with a concluding role, presents the effects of the new coronavirus pandemic on the Romanian labour market. :

Vernea, Sorin-Alexandru, ‘Peculiarities of Granting Employment Leave in Case of SARS-COV-2 Infection under Romanian Regulation: Lessons for the Future’ (2021) 52(3) European Journal of Social Law / Revue Européenne du Droit Social 50–57
Abstract: Through this paper, the author analyzes the nature of medical leave grantedunder the conditions of Emergency Ordinance no. 158/2005 on leave and social healthinsurance benefits and under Law no. 136/2020 on the establishment of measures in the fieldof public health at epidemiological and biological risk. The paper is divided into two sections,the first aimed at identifying the nature of medical leave as regulated in Romanian legislation,and the second following the particularities of medical leave granted in case of infection withSars-CoV-2. Finally, brief conclusions were drawn regarding the reliability of the regulatoryframework regarding medical leave for quarantine or isolation.

Vernea, Sorin-Alexandru, ‘Work Flexibility as a Reaction to Pandemic Restrictions in Romanian Legislation’ (2022) 56(3) Revue Européenne du Droit Social 107–115
Abstract: The flexibility of work has become, paradoxically, a balancing factor in the continuity of activities during the Sars-Cov-2 pandemic, established since 11.03.2020. With the restriction of individual freedoms, measures have been imposed to adapt the traditional legal framework to new epidemiological realities. This paper examines in the first section the general framework and practical ways to achieve work flexibility in Romania, prior to March2020. In the second section, the measures taken since March 2020 in Romanian legislation,for the same purpose will be analyzed, followed by brief conclusions on their peculiarities seen as a reaction to pandemic restrictions.

Russia

Akhmetyanova, Nailya, Iuliia Saitbattalova and Ekaterina Poliakova, ‘State and Legal Regulation of the Flow of Media Information about Coronavirus Infection COVID-19’ in IX International Scientific and Practical Conference “Current Problems of Social and Labour Relations" (ISPC-CPSLR 2021) (Atlantis Press, 2022) 10–13
Abstract: The article examines the quality of informing the population by the mass media about the new coronavirus infection (COVID-19) based on the publications of online and print publications of the Republic of Bashkortostan. The purpose is to determine their role in forming ideas about the ongoing processes in the region’s healthcare sector. The study conducted by the authors is an attempt to identify the problem of providing high-quality information about the new coronavirus infection (COVID-19) and medicine in the media of the Republic of Bashkortostan. The analysis of empirical and metric materials that form the basis of the study shows that over time the problem of disinformation does not disappear; on the contrary, new aspects of it appear, which Republican journalists overcome with difficulty. In this regard, decisive measures are needed on the part of the government, the adoption of new legal norms regarding broadcast information. In the fight against disinformation and avoiding disseminating information from unreliable sources, editorial offices need to cooperate closely with reputable medical organisations and specialists. The study results allow us to conclude that the media of the Republic of Bashkortostan of the Russian Federation have not yet developed a full-fledged algorithm of interaction not only with the audience but also with the authorities in matters of covering this agenda. They face the difficult task to deliver only reliable and verified information to their consumers. :

Alekseeva, Nadezhda A, ‘Legal aspects of environmental safety in the field of medical waste management in the context of the pandemic’ (2021) 25(3) RUDN Journal of Law 586–601
Abstract: Medical waste management has always been relevant from a practical point of view, but as a result of the pandemic declared in 2020, this topic has multiplied, leading to significant changes in the legal regulation of medical waste. The realization that re-contamination from medical covid-waste is possible led to the obligation to install disinfectants in medical and pharmacological organizations. The division of medical waste into classes predetermined the assignment of medical covid-waste to class ‘B’, and after disinfection - to ‘A’-class, that are possible to transport and dispose after disinfection. However, there is a huge amount of covid-waste outside medical and pharmacological organizations, which is, clearly, are not medical. When mixed with solid household waste and garbage that does not require a transport licence, it increases the likelihood of re-infection of those who handle such waste. The object of the work is to explore these topics and to raise the issue of separation of the accumulation and disposal of non-medical covid-waste in legal regulation, as well as the ways to implement them. Related to this is the issue of environmental pollution in the context of the pandemic, because non-medical covid-waste has increased the amount of plastic that pollutes the environment.

Bachmann, Sascha Dov, Doowan Lee and Andrew Dowse, ‘COVID Information Warfare and the Future of Great Power Competition’ (SSRN Scholarly Paper No ID 3749784, 16 November 2020)
Abstract: The coronavirus pandemic has ushered in a golden age of information warfare. Russia and China—the two most prominent authoritarian regimes contraposing the liberal, rule-based international order the West has strived to build and promote—have prospered most during the current COVID crisis. We look at the Chinese Communist Party’s (CCP) and Kremlin’s key COVID information warfare characteristics and explore how they are reshaping Great Power competition. We conclude with some suggestions regarding resilience and a joint counterstrategy.

Baltutite, Iolanta and Olesya Kazachenok, ‘Legal Regulation of Digital Transformation of Technologies in Healthcare in Russia and Abroad Under the Influence of the COVID-19 Pandemic’ (II International Scientific and Practical Conference " COVID-19: Implementation of the Sustainable Development Goals (RTCOV ), 2021) 178–183
Abstract: Currently, in the context of the COVID-19 pandemic and periodically introduced lockdowns for the Russian healthcare system, an important goal is to create conditions for the provision of medical care to all citizens, despite the territorial location and the possibility of physical visits to a hospital or polyclinic. In modern conditions of digitalization of life, an effective way to solve this problem is the development of information tools in the field of healthcare through the creation of a unified medical information space. The progressive development of technologies (medical and infocommunication) launches the process of digital transformation and the development of telemedicine. With all the above, it is fair to note that there is currently no formulated idea of what telemedicine includes, and there are also no fully formed norms for telemedicine services. A number of problems specific to telemedicine, but requiring solutions, for example, the question of who and what responsibility should be borne for the consultation provided, the problem of proper protection of personal data and compliance with medical secrecy, need to be resolved in the near future, which will make it more accessible and widespread to provide remote medical care using digital technologies.

Bastrykina, Tatyana Stanislavovna et al, ‘Administrative Mechanisms for Public Health Protection During the Spread of COVID-19 and Their Impact on the Development of Legal Regulation of Social Relations’ (2022) 22(5) International Journal of Computer Science and Network Security 401–406
Abstract: The study examines the legal nature of administrative measures to curb the COVID-19 pandemic and their impact on the development of law. The recognition of the global spread of COVID-19 as a pandemic by the World Health Organization led to the adoption of large-scale administrative measures around the world to minimize the effect of the pandemic on public health. In the Russian Federation, these measures are expressed in the form of a special legal regime – a high-readiness regime. The purpose of the paper is to reveal various aspects of the impact of administrative measures for the protection of public health during the pandemic on the trends in the development of law as a regulator of public relations. To achieve the set goal, the study addresses the following objectives: the concept of public health is examined as a category that requires comprehensive support on the part of the state, the dynamics of law-making activities of Russian authorities in the course of the pandemic are analyzed; the measures adopted to preserve public health in the spread of COVID-19 that are associated with the restriction of certain constitutional rights of citizens are examined. A comparative study of anti-COVID restrictions in different countries of the world is carried out, their categories depending on the degree of severity are identified. The influence of the restrictions on the development of legal regulation of social relations is studied. An argument is presented that the imperative method of permissive type of regulation is predominant in the fight against the pandemic. The problem of admissibility of limitation of certain constitutional rights of citizens when introducing anti-COVID restrictions is analyzed. Based on the results of the study, proposals are formulated to bring in line the fundamental acts on human rights and the new legislation on the protection of public health.

Dmitrikova, Ekaterina, ‘COVID-19 and Russian Law: Challenge and Response’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: The COVID-19 epidemic has become a challenge to the Russian legal system, inspiring a number of changes in it. The greatest number of novelties is noticeable in administrative law, which has to adapt to the emergence of many new restrictions on citizens ’ rights related to ensuring that the population of the country complies with the sanitary and epidemiological regime prescribed by the authorities. Labor law has also undergone significant mutations, due to the mass transition of employees to remote mode of work. The changes also affected the right to social security, since the economic crisis triggered by the pandemic affected a large segment of the population, which required assistance from the state. The crisis situation in society and the economy has had the least impact on civil law, which is coping with new challenges using traditional legal regulation tools that have been tested for centuries. However, in the field of civil law, there also took place some particular innovations. In general, it can be noted that in the conditions of time constraints, the share of such forms of operational modernization of the current law has sharply increased, such as by-laws of the executive power and explanations of higher judicial instances aimed at interpreting the current legislation in relation to the new conditions.

Evseeva, Ludmila A et al, ‘Problems of Practical Application of Legal Norms Containing Accessory Obligations in the Legislation of the Russian Federation in the Conditions of the COVID-19 Pandemic’ in Yakhya G Buchaev et al (eds), Challenges of the Modern Economy: Digital Technologies, Problems, and Focus Areas of the Sustainable Development of Country and Regions (Springer, 2023) 145–148
Abstract: The paper aims to reveal the problems of the practical application of the rules of law containing accessory obligations in the legislation of the Russian Federation, especially in conditions of the COVID-19 pandemic, when business entities, including cooperative entities, are faced with the impossibility of performance or proper performance of contracts. The research methodology consists of the analysis of different approaches to the concept of accessory obligations, the study of gaps in the legislation, and the analysis of judicial practice in resolving disputes related to accessory obligations. Accessory obligations are present in the whole variety of civil law transactions, including those carried out in the area of cooperation. Clear identification of accessory obligation will allow us to properly assess the legitimacy of inclusion of a certain obligation in the transaction. Moreover, it will allow us to determine the moment of emergence, change, and termination of accessory obligations, as well as the relevance and proportionality of the claims asserted by the creditor in case of violation of the accessory obligation. The authors conclude that the problems of the practical application of the rules of law governing accessory obligations, including in the field of cooperation, currently emerge due to unjustified imperative application of civil accessory structures on alien to them areas. This is primarily associated with the restrictive and prohibitive measures applied by the government aimed at preventing the spread of COVID-19. The desire to secure the rights and interests of the participants of legal relations through these structures, in fact, turns out to create an additional financial burden on the end-users of goods, works, and services offered in cooperation.

Gesley, Jenny, ‘Regulating Electronic Means to Fight the Spread of COVID-19’ (Law Library of Congress Legal Report, June 2020)
Note: This page includes a comparative summary, and links to the full report and a COVID-19 Contact Tracing Apps world map. Extract from Introduction: This report surveys the regulation of electronic means to fight the spread of COVID-19 in 23 jurisdictions around the globe: Argentina, Australia, Brazil, China, England, France, Iceland, India, Iran, Israel, Italy, Japan, Mexico, Norway, Portugal, the Russian Federation, South Africa, South Korea, Spain, Taiwan, Turkey, the United Arab Emirates, and the European Union (EU).

Goncharenko, Ilya A and Gennadi P Tolstopyatenko, ‘Implications of Covid-19 Crisis for Regulatory Regime in Russia’ (2020) 9(1) Law and Economics Yearly Review 81–93
Abstract: This article provides an overview of the regulatory measures adopted in Russia to address the negative effects of the Covid-19 crisis. It includes an analysis of three packages of measures carried out by the Federal Government to support business. The aim of the article is to examine a complete set of regulatory solutions for business offered in the past several months. It also offers statistical data and summary of the Nationwide Action Plan securing recovery for employment and population’s income, economic growth, and long-term structural changes.

Halabi, Sam and Ana Santos Rutschman, ‘Viral Sovereignty, Vaccine Diplomacy, and Vaccine Nationalism: The Institutions of Global Vaccine Access’ [2021] Emory International Law Review (forthcoming)
Abstract: The COVID-19 pandemic has triggered a global vaccine race, and distributive questions about which countries will receive scarce doses and under which conditions pervade international law and diplomacy. As vaccines are distributed worldwide throughout 2021, this essay analyzes the problem of vaccine access as a critical question in the literature on sources of international law and the influence of those sources. As with past pandemics, research and development capacity is largely concentrated in the wealthy countries of Europe and North America with growing capabilities in East and South Asia. Over the course of 2020, some governments exercised extreme forms of ‘vaccine nationalism,’ refusing to share, or contemplate sharing, COVID-19 vaccines or related knowledge with any populations but their own. Other governments balanced the needs of their domestic populations with regional or global diplomatic objectives. Within this latter category, some governments shared bilaterally as a means of furthering local or international influence while others participated in a multilateral sharing mechanism coordinated by international organizations. Of course, as with past pandemics, the great majority of governments were left without vaccine development and manufacturing capacity, possessed few resources with which to procure vaccines under prevailing commercial circumstances, and were therefore vulnerable and open to overtures from both bilateral and multilateral acquisition sources.This essay aims to explain this unique constellation of vaccine development and access from the lens of international law, focusing on the nascent global governance regime for vaccine research, development, and distribution. As wealthy governments used bilateral contracts, Advanced Purchase Agreements (APA), to secure vaccines for populations in the world’s richest countries, those in poor countries remained at risk. Yet both multilateral and bilateral mechanisms emerged that prioritized vaccine access to those populations, an occurrence arguably at odds with realpolitik conceptions of how and why governments assess their legal options during international emergencies. We explore this dissociation between global public health imperatives and nationalist responses to the pandemic within the frameworks of ‘vaccine diplomacy,’ ‘vaccine nationalism’ and ‘viral sovereignty.’ The essay ultimately argues that, over the course of the last thirty years, a global regime of vaccine access has emerged and, while not yet cohesive or uniform, it has manifested common characteristics through two vaccine-preventable global public health emergencies: H1N1 pandemic influenza and COVID-19. A third, more regional epidemic, Ebola, demonstrated similar characteristics. Even more importantly, this regime has been formed and implemented by international organizations, rather than coordinated through individual governments.Within the broader context of international law scholarship, the essay contributes a significant case of international organizations as international law-makers. The essay focuses on two international agreements — the 2011 Pandemic Influenza Preparedness Framework (PIP), and the 2020 COVAX Vaccines Pillar of the ACT Accelerator (COVAX) — neither of which is a treaty, neither of which codifies customary international law as it would be conventionally defined, but both of which have been negotiated and implemented by international organizations. These organizations include specialized U.N. agencies like the World Health Organization and UNICEF, as well as international organizations technically formed under national law, but which include a broader set of decision-makers, including governments, like CEPI and GAVI. Each agreement represented a legal solution to disputes between high-income countries seeking to hoard medicines for their citizens, and low-income countries seeking greater shares of vaccines manufactured in high-income countries. Yet realizing those agreements depended on the coordinating and facilitating efforts of international organizations, rather than by individual or collective action by governments.The importance of this development is significant not only in the context of sources of international law, but in the relative influence of those sources. ‘Vaccine diplomacy’, the efforts of primarily China, India, and Russia to use access to COVID-19 vaccines for regional or international influence, has been fundamentally shaped by international organizations advocating an international norm of vaccine access codified in multilateral legal instruments. COVAX has conditioned the diplomatic outcomes China, India, and Russia may realize through vaccine dipomacy. The international norm of vaccine access did not emerge because of altruism or self-interest. Rather, it represents a brokered institutional compromise between vaccine nationalism and ‘viral sovereignty,’ the proprietary claims over pathogens by mainly biodiverse countries that limit access to the genetic resources necessary for the development of many therapeutics and vaccines. Without that access, there may be no vaccines and without vaccines there may be no vaccine nationalism. This balance has resulted in consecutive international legal arrangements, mostly facilitated by the World Health Organization, that indicate an interest in collaboration, division of gains from trade, and sustained governance structures: the Pandemic Influenza Preparedness Framework and COVAX. The recurrence of these legal arrangements suggests that in order to save the transaction costs generated by repeated development of ad hoc structures that centralize vaccine distribution, that a permanent facility may be developed. One possibility for such a facility is the Pandemic Influenza Preparedness Framework, adapted to become an all- or most-pathogen sharing international organization. A second possibility has been introduced in light of the COVID-19 pandemic: a Pandemic Treaty that establishes the terms under which pandemic vaccines will be developed and shared in the future.Whatever alternative materializes, this essay is the first to describe the phenomena that have driven the development of international vaccine sharing mechanisms, identify the international organizational forces that explain the phenomena, and explain how international organizations may facilitate international cooperation before, during, and after global crises.

Inozemtsev, Maxim I, ‘Legal Regulation of Crypto-Asset Markets in the EU in the Post-COVID Period’ in Vladimir S Osipov (ed), Post-COVID Economic Revival, Volume I: Sectors, Institutions, and Policy (Springer, 2021) 315–326
Abstract: This chapter examines the theoretical understanding and legal regulation of the European crypto-asset market in the post-COVID period, including compatibility of the proposed draft unified legal framework for the crypto-assets circulation with the legal order of the EU member states (Germany, Malta), as well as the competition between the EU legal order and the legislation of the advanced European countries (Switzerland, Liechtenstein) in the field of legalizing crypto-assets. The traced evolution of legal regulation in the field of crypto-assets circulation allows us to conclude that the EU institutions are working quite effectively and consistently to give a ‘pan-European response’ to the challenges of digitalization, but there are some difficulties in synchronizing the created European legal framework with the interests of the EU member states and their often more advanced regulation. The results of the study of the problems of regulating crypto-assets in the European Union contribute to the development of the Russian scientific doctrine in the field of crypto-assets circulation allowing us to adjust the digital assets and digital currencies legalization model in Russia, also laying the foundation for forming supranational legal foundations that will let crypto-assets circulate in the Eurasian Economic Union.

Karaseva, Asya, ‘The Legal Void and COVID‐19 Governance’ (2020) 28(2) Social Anthropology 294–295
Introduction: COVID‐19 as a matter of governance provides an opportunity for questioning taken‐for‐granted assumptions of ‘states of exception’ (Agamben 2005) in the political mechanics of emergency rule. In Russia, for example, a zone of anomie is currently being produced that operates not within existing emergency laws but as what I call a new ‘legal void’. Contemporary Russian law provides two versions of emergency regimes: ‘an emergency situation’ (chrezvychainaia situatsiia, or ChS) and ‘the state of emergency’ (chrezvychainoe polozhenie, or ChP). The first one has been used in disaster management since 1994. It is introduced at multiple administration levels for an indefinite time by decrees of the heads of corresponding administrations. The ChS regime has been applied in many situations, from a bridge in an unsafe condition to forest fires. The law on ChP was set to serve both political disorders and disasters, including epidemics. Unlike the ChS regime, it can be introduced only by the President and for a fixed term. It has never been implemented since its adoption in 2001. Both of the laws suspend some civil rights but also provide guarantees of compensation for harm to health, property damage and even for just living in the emergency zone. ChP law also details legal procedures such as detention and litigation under the state of emergency. However, to date, Russia’s authorities are not using either of these special legal regimes in their pandemic governance.

Karimova, Matlyuba, ‘Unprotected and in Limbo: Legal and Economic Vulnerabilities of Tajik Labor Migrants and Russia’s Protection of Rights of Migrant Workers during COVID-19 Pandemic’ (Thesis, 2021)
Abstract: This research contributes to the growing body of literature on the outcomes of covering recent trends of Tajik labor migration, violation of labor rights before the Covid-19 and impact on vulnerability of migrants during the pandemic. It is lined up on the interview research undertaken between March-June of 2021.

Khabriyeva, T, ‘Law Based Managing the Pandemic Crisis: World and Russian Experience’ (2021) 25(2) Journal of Russian Law 5–17
Abstract: The global pandemic crisis caused by the spread of the new coronavirus infection COVID19 has required states and the international community to mobilize efforts to overcome it. States seek to control the evolution of this crisis, to minimize its negative impact on various spheres of society, the economy, the social sphere, the daily life of citizens and its quality. To this end, all available opportunities and means, including law, are used. Due to the fact that supranational institutions have not been able to propose effective and universal measures or strategies to combat the pandemic and related crisis phenomena in a timely manner, states, relying on national law, had to establish their own crisis response and management systems. These systems are mostly local and relatively closed in nature, focused on internal problems, taking into account their scale, capabilities and resources of the national legal order. The article presents the results of a study of domestic and foreign practice of using the opportunities of law to counteract the pandemic. The author shows similarities in the legal component of the national systems for the management of pandemic crisis, the legal instruments used for this purpose, means and methods of maintaining balance between the fundamental rights and freedoms, on the one hand, and overcoming threats to life and health through the use of extraordinary measures on the other. Based on the criteria developed by the doctrine, an assessment of the statelegal practice of managing the pandemic crisis is given, as well as proposals for the formation of a modern model of legal regulation in emergency situations are formulated.

Khabrieva, TY and NN Chernogor, ‘Law and the Pandemic: The Lessons of the Crisis’ (2022) 92(4) Herald of the Russian Academy of Sciences 531–535
Abstract: The COVID-19 pandemic is exerting pressure on law and order, testing the strength of their basic elements and subsystems. It is transforming positive law and system-forming processes in the legal sphere, which ensure the functioning of the legal organization of society developed in the prepandemic period. The pandemic affects it indirectly, having a transformative effect on the mechanisms for exercising public power, law formation, and law implementation, including law enforcement. During the pandemic, human rights, which were not previously positioned in this capacity, have acquired absolute importance. Among them is the right to health protection and proper medical care. Along with this, special legal regimes and many legal institutions of both public and private law have been modernized, and new legal models and practices have been tested that are suitable not only for regulating social relations in extraordinary conditions but also for creating law and order in postpandemic society. Some of them have already been implemented into ordinary legislation. The doctrine recorded a growing multifunctionality of some legal means, as well as the emergence of new legal phenomena, in particular, antipandemic legislation. According to the authors of this article, to respond effectively to emergency situations, it is necessary to expand the existing variable scenarios of legal regulation and create appropriate regulatory templates, algorithms, and procedures for the activities of public authorities, as well as the scopes of their competence in the event of such situations. For Russian law and order, it is relevant in this context to systematize the legal basis of special legal regimes designed for crisis situations with account for the correction made, as well as to develop scientific criteria for differentiating the corresponding regimes.

Khramova, Tatiana, ‘Russia: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2021)
Abstract: The Russian Federation is a vast country with a population of 144 million primarily concentrated in a small number of urban agglomerations, among which Moscow and Saint Petersburg are the largest and most densely populated. The massive Covid-19 outbreak in Russia began in Moscow in March 2020 and reached all 85 constituent units by mid-April 2020. The major cities (mainly Moscow and Saint Petersburg) accounted for the largest number of cases throughout all waves of the pandemic. As of 1 August 2021, the Russian authorities have reported the total number of over 6.2 million cases of Covid-19 in Russia, including 1.5 million cases in Moscow and over 530,000 cases in Saint Petersburg, which has resulted in 160,000 deaths over the course of the pandemic.1 The spread of the coronavirus in Russia has progressed in three major waves: the first wave reaching its peak in May 2020 with around 10,000 new cases a day, the second—more aggressive—reaching the official maximum of 29,000 new cases daily in December 2020, and the third wave—caused by the Delta variant of the virus—starting in June 2021 and still at its peak at the time of writing. During the peaks, the public health system was overwhelmed, especially in federated units remote from the country’s capital. Depending on the severity of the pandemic, the federal and regional governments invoked and eased various public health restrictions under the regime of high alert. This report contains a detailed overview of the organization of public power on the national and subnational levels in Russia, and a variety of responses to the Covid-19 crisis offered at various stages of the pandemic.

Kondrat, Elena N, ‘System of Legal Means of Ensuring the Financial Security of the Russian Federation at Post-COVID Period’ in Vladimir S Osipov (ed), Post-COVID Economic Revival, Volume I: Sectors, Institutions, and Policy (Springer International Publishing, 2021) 327–341
Abstract: This chapter, ‘System of Legal Means of Ensuring the Financial Security of the Russian Federation at Post-COVID Period’ is devoted to financial security as one of the most important components of an effective government mechanism. Financial security is based on a system of legal norms, which at various levels of legal regulation must ensure the stability of the financial system. In the course of ensuring financial security, the entire complex of means should be used, and not only the financial and legal means themselves. This should include both administrative and legal means, and criminal law means, as well as a number of other sectoral means. This is determined by the fact that only the entire arsenal of legal means will reliably ensure financial security. The financial security of the state acquires particular importance in the post-COVID period, since many financial procedures have significantly transformed. Accordingly, new legal means are required to ensure the financial stability of the state and society.

Kornienko, Alexander and Nikolai Samokhvalov, ‘COVID-19: Legal Regulation of Universal Vaccination’ (2021) 2(3) Legal Issues in the Digital Age 151–167
Abstract: The topic of this article is relevant, first of all, due to the fact that at the moment it is objectively impossible to deny the acquisition of the COVID-19 pandemic andits consequences as a kind of main indicator of socio-economic processes and a mechanism for legitimizing the state system of regulation and management incovid and post-covid conditions. The subject of the article is the legal regulation of mandatory vaccination against COVID-19. The purpose of the study is to identifythe problems of legal regulation of the process of mandatory vaccination against COVID-19 through the prism of the human right to health protection and medicalcare in the system of universal values. This research is based on a combination of groups of general scientific methods (induction, deduction, analysis, synthesis) andspecial methods of legal science (formal legal, comparative legal and others). The authors carried out a conceptual analysis of the human right to health protectionand medical care in the context of domestic law, as well as administrative and legal aspects of mandatory vaccination against COVID-19 based on the analysisof the generalized experience of two macro-regions of Moscow and the Moscow region. According to the results of the study, the authors come to the following keyconclusions: firstly, the chief state sanitary doctor of the subject of the Russian Federation has an objective right dictated by the norms of domestic legislation toissue an executive-executive-administrative act on the mandatory vaccination in a pandemic; secondly, the employer is obliged to suspend from work (not to hire)citizens who refused vaccination only if it is a question of works named in the List of works, the performance of which is associated with a high risk of infectiousdiseases. Such measures cannot be applied to employees performing other types of work; thirdly, failure by an organization/individual entrepreneur to comply with resolution of the chief state sanitary doctor entails appropriate measures of legal responsibility provided for by the norms of the current legislation of the Russian Federation.

Kovaleva, NN, SA Anichkin and AS Anisimova, ‘Legal Aspects of Information Threats in the Form of “Fakes” in the Conditions of Spread of COVID-19’ in Research Technologies of Pandemic Coronavirus Impact (RTCOV 2020) (Atlantis Press, 2020) 222–226
Abstract: The article discusses issues related to the spread of fake information during a pandemic. It is noted that the situation with coronavirus infection COVID-19 has led to significant changes in the habitual way of life of citizens - there has been a massive digitalization of most spheres of life, which has brought in both positive and negative aspects. One of the negative trends of what is happening is the widespread spread of false information about coronavirus infection. The research provides data from a survey of citizens in relation to fakes. The analysis of the regulatory legal framework of a number of foreign countries, including the Russian Federation, is carried out. It is noted that in order to combat the spread of fake information, including in the context of coronavirus infection COVID-19, coordinated actions are needed between federal, regional and municipal authorities.

Krotov, Andrey, ‘Shock Strategy under Pandemic Conditions: Transformation of the Political Regime and Legal System’ (SSRN Scholarly Paper ID 4103739, 8 May 2022)
Abstract: The spread of the coronavirus infection COVID-19 in 2020, as a new global threat to humanity, caused the unprecedented social upheaval changing the world forever. In order to combat COVID-19, the governments of various countries have introduced the anti-coronavirus rules accepted by the population mostly quite favorably because of the application of the appropriate media space tools by the authorities. The series of anti-crisis solutions, declared as temporary and formally adopted solely for the purpose of stopping the spread of infection, were used by the ruling group in their own political interests, and subsequently enshrined in legislation on an ongoing basis (shock strategy), thus allowing in a short time and in the least-cost manner to achieve the desired goal — the retention of power of the ruling elite. The shock strategy turned out to be most in demand in countries with the authoritarian government, where the authorities skillfully used the ‘pandemic window of opportunity’. This article analyzes the special aspects of coverage of the COVID-19 pandemic in the Russian media in 2020, which allowed to form a positive attitude of the population towards changing the ad hoc voting procedure on amendments to the Constitution of the Russian Federation in 2020, which led not only to a significant change in the system of national law, but also finally completed the formation of authoritarian trend in Russia, at the same time ‘zeroing’ the presidential terms of President Vladimir Putin. There have been also investigated the actions of the Russian authorities aimed at the legitimation of the voting procedure on amendments to the Constitution including the court decisions related to the declared subject of the article. It was revealed that a number of anti-coronavirus rules formally adopted by the Russian government in order to minimize the negative consequences of the pandemic were used by the ruling group of politicians in their own interests. The censoring and compilation of information covering the process of combating COVID-19 by the authorities, both through the traditional media and through the use of various websites, made it possible to achieve the goals pursued by the Russian political elite in the shortest possible time. The obtained data have not only a theoretical, but also a practical effect; they make it possible to assess both the legitimacy of changing the voting procedure on amendments to the Constitution of the Russian Federation, and to form a methodology in order to prevent the situation where the ruling political groups take advantage of the quarantine rules adopted in order to combat the spread of COVID-19.

Luparev, Evgeniy Borisovich, Sergey Victorovich Potapenko and Elena Vladimirovna Epifanova, ‘Russian Experience in Transforming Teaching Methods in Legal Disciplines in Course of the COVID-19 Pandemic’ (2021) 14(2) _Medicine, Law & Society_
Abstract: The purpose of the present research is to analyze specific features of educational process in legal sphere in course of the COVID-19 pandemic. The research objectives comprise the following issues: firstly, depiction of the initial state of teaching in legal sphere at the beginning of the pandemic; secondly, transformation process of teaching methods taking into account distinguishing features of the Russian legislation in the field of education; thirdly, correlation of administrative restriction practices with academic freedoms on the example of the Russian Federation. One of the results of this study is the conclusion that it is necessary to prioritize the study of the fundamental theory of law in comparison with commenting on the current legislation in order to be able to substantiate the regulation of non-standard situations in the life of society. The principal outcome of the present survey is a consideration that the Russian legislation in the sphere of education that requires implementation of such educational procedures components as training, education, scientific activity and upbringing cannot be completely implemented under conditions of the imposed administrative restrictions in course of the pandemic.

Malinovsky, Aleksei A, Dina M Osina and Elena N Trikoz, ‘Legal Fundamentals for Institutional Changes to Revive the Economy After the Pandemic’ in Vladimir S Osipov (ed), Post-COVID Economic Revival, Volume I: Sectors, Institutions, and Policy (Springer International Publishing, 2021) 71–82
Abstract: ‘Legal Fundamentals for Institutional Changes to Revive the Economy after the Pandemic’. Issues related to changes in the Russian legal and tax system are thoroughly studied, specifically: the actual cancellation of flat scale of taxation, payment of taxes on fixed profits of controlled foreign companies, the abolition of preferential rates for withholding tax provided for by a number of treaties etc. These aspects are examined through the prism to, on the one hand, support the people and businesses and, on the other hand, get maximum taxes for the budget, since fulfillment of social obligations during a pandemic requires significant financial resources. While preparing the work, not only has the legal framework been analyzed, but also scientific papers, materials of international organizations, government bodies, expert comments, etc. As a result of the study, the authors come to the following conclusions: (1) to support and restore the economy, many areas of law including bankruptcy legislation, labor and tax laws, legislation on legal liability etc. have been substantially modified; (2) the tax sphere, in which there have been trends towards strengthening the regulatory function of taxes, tightening tax control over super-wealthy individuals, promoting further deoffshorization of the Russian economy, providing tax benefits to taxpayers in order to prevent their massive bankruptcy, has undergone the most significant institutional changes.

Musiał-Karg, Magdalena and Izabela Kapsa (eds), Elections in Times of a Pandemic: Dilemmas and Challenges: Experiences of the European Countries (Brill, 2024)
Abstract: The COVID-19 pandemic demonstrated that unexpected and unpredictable situations can hinder the conduct of general elections around the world. The book is a comprehensive analysis of the organization of elections during the COVID-19 pandemic. In addition to the theoretical perspective, it familiarizes the public with specific electoral solutions adopted during the pandemic in selected European countries (Italy, Germany, Lithuania, Serbia, Russia, Czech Republic, Estonia, Latvia, Liechtenstein, Poland). The editors believe that this book will bring closer the specific solutions adopted in the considered countries during the COVID-19 pandemic and provide readers with a multi-faceted understanding of elections in emergency situations.

Novikov, Maksim A, ‘Opportunities of Use of Option Agreements in the Post-COVID Economy: Comparative Legal Study from Russian Law and English and American Law Prospective’ in Vladimir S Osipov (ed), Post-COVID Economic Revival, Volume I: Sectors, Institutions, and Policy (Springer International Publishing, 2021) 343–360
Abstract: This chapter, ‘Opportunities Of Use Of Option Agreements in the Post-COVID Economy: Comparative Legal Study From Russian Law And English And American Law Prospective’ is devoted to different opportunities of use of option agreements in post-COVID economy and to the principal issues which may arise in connection with structuring share deals in joint-stock companies and limited liability companies, including merger and acquisitions (M&A), joint ventures (JV) deals and strategic partnership agreements as well as other transactions in relation to real property when entering into option agreements. The author analyzes the relevant legislation, jurisprudence and doctrinal materials on the relevant issues. Answers are consistently provided to the questions which, on the author’s opinion, are the most relevant when using options in the above transactions in view of current post - COVID economy in Russia and common law countries (in particular, in the United States of America and the United Kingdom).

Osina, DM, GP Tolstopyatenko and AA Malinovsky, ‘Digitalization of Higher Legal Education in Russia in the Age of Covid-19’ in Svetlana Igorevna Ashmarina, Valentina Vyacheslavovna Mantulenko and Marek Vochozka (eds), Engineering Economics: Decisions and Solutions from Eurasian Perspective (Springer International Publishing, 2021) 392–398
Abstract: The study covers topical issues of digitalization of higher legal education in Russia. Even though the process of digital transformation of higher education (including law schools) was launched before the Covid-19 pandemic, it was the coronavirus that acted as a catalyst for digitalization of almost all spheres of public life. Universities were faced with the need to create a comfortable and high-quality digital information and educational environment as soon as possible, and many enterprises (including their legal departments) decided to switch for remote work due to the self-isolation regime, which triggered further digitalization of the legal profession. In turn, digitalization of the legal profession can affect the labor market, and, therefore, higher education, as universities must consider the needs of future employers. The authors applied both general methods and methodological techniques (analysis, synthesis, deduction, induction, etc.) and special legal methods (formal legal and comparative legal). While analyzing, the authors conclude that the potential digitalization of legal education is widespread, since it is not only about the use of digital technologies in education, but changing the content of legal education due to digital transformation of the legal profession. :

Pesapane, Filippo et al, ‘Legal and Regulatory Framework for AI Solutions in Healthcare in EU, US, China, and Russia: New Scenarios after a Pandemic’ (2021) 1(4) Radiation 261–276
Abstract: The COVID-19 crisis has exposed some of the most pressing challenges affecting healthcare and highlighted the benefits that robust integration of digital and AI technologies in the healthcare setting may bring. Although medical solutions based on AI are growing rapidly, regulatory issues and policy initiatives including ownership and control of data, data sharing, privacy protection, telemedicine, and accountability need to be carefully and continually addressed as AI research requires robust and ethical guidelines, demanding an update of the legal and regulatory framework all over the world. Several recently proposed regulatory frameworks provide a solid foundation but do not address a number of issues that may prevent algorithms from being fully trusted. A global effort is needed for an open, mature conversation about the best possible way to guard against and mitigate possible harms to realize the potential of AI across health systems in a respectful and ethical way. This conversation must include national and international policymakers, physicians, digital health and machine learning leaders from industry and academia. If this is done properly and in a timely fashion, the potential of AI in healthcare will be realized.

Pospelova, Svetlana I, ‘Violation Liability in the Context of the Spread of COVID-19: Russian Experience’ (2020) 27(4) Journal of law and Medicine 877
Abstract: The article investigates the legal regime of restrictive measures introduced in Russia due to the COVID-19 pandemic and provides statistical data on the spread of the infection. It describes special administrative violations and criminal offences first introduced during the pandemic: violation of therapeutic and epidemiological rules, dissemination of false information, and failure to follow the procedures introduced during the high-alert regime. Judicial and investigative practice is analysed. The most frequent violations of the legislation establishing requirements and restrictions to organisations and individuals during the spread of the new coronavirus infection are identified and issues of classification and differentiation of administrative and criminal liability for violation of sanitary and epidemiological rules and dissemination of false information about COVID-19 are addressed. Judgments by the Russian Supreme Court ensuring a uniform approach to court cases in all Russian regions are analysed.

Potapova, Aleksandra, ‘The Risk of Limitation of Attraction of Foreign Migrants to the Russian Agriculture Amid the Pandemic’ (2020) 10(112) Monitoring of Russia’s Economic Outlook 3–9
Abstract: The closure of borders between countries in the wake of the outbreak of the coronavirus COVID-19 suspended the flows of the international labor migration, thus creating risks to the agriculture, particularly, fruit farming and horticulture. In this survey, the information is presented on the employment of foreign workers in the agriculture of various countries, as well as the measures taken to solve the problem of labor shortages in different countries whose experience can be useful to Russia.

Rhee, Kasey, Charles Crabtree and Yusaku Horiuchi, ‘Framed National Images Influence Policy Attitudes Among Targeted Foreign Citizens’ (SSRN Scholarly Paper No ID 3776777, 27 January 2021)
Abstract: Many countries increasingly try to manipulate their national image abroad. Yet, we know relatively little about their ability to shape foreign public opinion and attract support for desired policy outcomes through those images. Using a survey experiment about a Russian donation to the U.S. during the COVID-19 pandemic, we cast light on an under-investigated, theoretically important aspect of transnational opinion formation---the media’s capacity, via framing, to facilitate or impede a country’s efforts to change their image. We find that successful transnational image management depends on whether the media present a foreign country’s actions as sincerely or insincerely motivated. However, the image changes induced by media frames do not translate to attitudinal changes across all policy issues related to that country. Research on foreign public opinion should not assume that diplomatic maneuvers go unfiltered, nor that they can shift opinions on multiple policy domains.

Roudik, Peter et al, ‘Freedom of Expression during COVID-19’ (Law Library of Congress Legal Report, September 2020)
Abstract: This report, prepared by the research staff of the Law Library of Congress, surveys legal acts regulating mass media and their ability to distribute information freely during the Covid-19 pandemic. The report focuses on recently introduced amendments to national legislation aimed at establishing different control measures over the media outlets, internet resources, and journalists in 20 selected countries around the world where adoption of such laws has been identified, namely: Armenia, Azerbaijan, Bangladesh, Belarus, El Salvador, India, Kazakhstan, Kenya, Kyrgyzstan, Mauritius, Moldova, Nepal, Nicaragua, Pakistan, Russia, South Africa, Sri Lanka, Tajikistan, Ukraine, and Uzbekistan.

Salikova, Natalya Mikhailovna and Elena Maratovna Batukhtina, ‘Problems of Legal Regulation of Distance and/or Remote Labor: Pandemic Testing’ in XIV European-Asian Congress ‘The Value of Law’ (EAC-LAW 2020) (Atlantis Press, 2020) 350–360
Abstract: This paper deals with the legal regulation of distant and/or remote labour. The new needs of the society caused by the pandemic of a new coronavirus infection (Covid-19) are not only to create an urgent regulatory framework for distant (and/or remote) workers, but also to carefully and strictly observe the balance of rights in employee-employer relations. In order to study and evaluate the existing regulatory framework of remote work, the authors studied the current legislation in this area. On the basis of the study, certain contradictions and shortcomings of regulations on distant and/or remote labor were identified, which can often cause conflict and controversial situations in labor relations. This situation is also confirmed by the analysis of jurisprudence on the most important and problematic issues presented in the paper. The pandemic prompted the legislator to develop a new law in the field of regulating remote work as quickly as possible, including with a special focus on regulating a new form – temporary remote labor. A critical review of the short stories proposed by the legislator in this area is presented by the authors when studying the draft federal law “On amending the labor code of the Russian Federation in terms of regulating distant and remote work”. The paper highlights the shortcomings of the legal writing of the legislator when formulating terms and concepts of the sections devoted to the regulation of distant and remote work, in particular: distant (remote) work, temporary distant work, temporary remote work. As a result of the study, the authors developed certain recommendations that could positively affect the observance and harmonious combination of the rights of both parties to the labor relationship (employee and employer) within the new federal law.

Sanders, Anne, ‘Video-Hearings in Europe before, during and after the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges.

Sarmanayev, Salavat Hamitovich et al, ‘Organizing the Interaction among Different Levels of Public Authority in the Russian Federation in the Context of Covid-19 Restrictions: Social-Legal Issues and Possible Solutions’ (2021) 7(Extra-D) Laplage em Revista 260–267
Abstract: The study aims to evaluate legal norms governing the interaction of public authorities in the Russian Federation in the context of the coronavirus pandemic (COVID-19) and the practice of organizing such interaction. Its implementation was studied with the help of analytical and statistical materials, as well as reviews of litigation practice. The authors of the article used the following methods: general philosophical and general and special scientific methods. As a result, they determined several problems that hinder the effective legal regulation of the interaction between public authorities during the COVID-19 pandemic. These are: mixing legal regimes that establish the rules of conduct and standard operating activities of citizens and organizations under the conditions of a pandemic disease; the federal government’s refusal to specify the scope of regional powers within the scope of protecting an individual’s rights and freedoms; the insufficient efficiency of Organs special agencies that protect the population against emergencies; the insufficient legal guarantees of Organs local self-government bodies in fulfilling their public functions.

Savostin, AA, IA Admiralova and Ye V Kashkina, ‘Administrative and Legal Consequences of the Spread of Coronavirus Covid-19: The Russian and Foreign Aspects’ in Research Technologies of Pandemic Coronavirus Impact (RTCOV 2020) (Atlantis Press, 2020) 312–315
Abstract: The manuscript analyzes the administrative and legal consequences of the spread of a new coronavirus infection, both in the Russian Federation and abroad. After the detection of coronavirus infection, the leaders of the legislative bodies of many countries began to actively draft and adopt regulations aimed at preventing the spread of the new disease. Not only restrictive acts were adopted, but also penalties for violation of these measures, up to and including criminal prosecution. The article discusses the main directions of improving Russian legislation in the field of restricting the right of citizens to move during the period of introduction of increased security measures or a state of emergency (situation). The issue under consideration is essentially of high relevance and legal significance. The relevance of this topic is beyond doubt. Currently, there are a huge number of lawsuits on the fact of illegal restriction of freedom during the active phase of the spread of coronavirus infection in the courts of the Russian Federation and in other foreign countries. To clarify the goals set, it is necessary to adopt primary normative acts establishing the right of regions to restrict the movement of citizens. The authors have made an attempt to interpret the existing federal and regional regulatory legal acts, as well as regulatory legal acts of foreign countries. Extraordinary proposals aimed at improving the administrative and legal regulation of restricting the rights of citizens to free movement in the territory of the Russian Federation have been put forward.

Sitdikova, GZ, MV Lifanova and OV Kornelyuk, ‘Legal Framework for the Design and Construction of COVID Hospitals in the Russian Federation’ in Dmitry Ivanov, Aleksandr Panin and Inna Sukhanova (eds), Proceedings of ECSF 2021 (Springer, 2023) 219–225
Abstract: The paper discusses the legal framework for the design and construction of modern high-tech prefabricated healthcare facilities. It highlights the challenges faced by design and construction works in the context of the coronavirus pandemic. With limited timeframes, healthcare construction projects are using prefabricated technologies that are supposed to meet the highest of construction standards and allow for operation of modern healthcare equipment. This task is being solved also at the legal level. All things considered, the issues of legal regulation of COVID hospitals design and construction in the Russian Federation relevant require due attention.

Terzyan, Aram, ‘Russia and COVID-19: Russian Adaptive Authoritariansim during the Pandemic’ (2021) 7(3) Journal of Liberty and International Affairs 345–355
Abstract: This paper explores Russia’s response to Covid-19, with a focus on its implications for political freedoms and human rights across the country. It investigates the relationship between the pandemic and reinforcing authoritarianism in Russia. This paper is an in-depth case analysis that uses policy analysis and process tracing to examine Russia’s response to Covid-19 and its effects on Russian domestic politics. The study concludes that the Russian authorities have considerably abused Covid-19-related restrictive measures, not least through curtailing the freedom of assembly and expression. In doing so the Russian authorities have conveniently shielded themselves from mass protests amid constitutional amendments and upcoming legislative elections. Nevertheless, while the authoritarian practices that the Kremlin resorted to during the pandemic are not much different from those of other authoritarian regimes, they proved insufficient in curbing anti-regime dissent. This study inquires into the political repercussions of crisis management in authoritarian regimes and concludes that their authoritarian reactions lead to further crackdowns on civil liberties and political freedoms.

Vasina, Svetlana, Aleksey Kuskov and Elena Shestakova, ‘Features of Economic and Legal Regulation of Development of Russian Tourism during Pandemic Period’ in Proceedings of the 2nd International Scientific and Practical Conference ‘COVID-19: Implementation of the Sustainable Development Goals’ (SCITEPRESS - Science and Technology Publications, 2021) 49–54
Abstract: In the presented paper, the features, directions and problems of economic and legal regulation of the development of Russian tourism in the context of the coronavirus pandemic are identified, measures of state support for the tourism industry are analyzed, directions for reforming the legislation on tourism activities in the coronavirus period are highlighted, and the relevant law enforcement practice is studied. Special attention is paid to the analysis of the existing measures of state support for the tourism industry in the leading foreign countries in terms of tourism, the identification of models of state tourism policy in the new economic reality. On the basis of the studies carried out, conclusions are drawn about the need to improve the efficiency of existing measures of state support for the tourism industry in Russia and to further reform the current tourism legislation.

Ziborov, O, K Sultanov and A Tseluiko, ‘Some Aspects of the Administrative and Legal Consequences of the Distribution of the COVID-19 Coronavirus’ (SCITEPRESS, 2021) 416–421
Abstract: In this article, the authors try to analyze the legal consequences of spread of a new coronavirus infection both in the Russian Federation and abroad. 2019 became the starting point for development of antiviral activities, including those of a regulatory nature. The problems of checking QR codes among foreign citizens who were vaccinated in other countries were especially acute. Adoption of new restrictive measures, including those of a regulatory nature, helped stabilize the epidemiological situation in the country. Topical problematic issues of implementation of the legislation of the constituent entities of the Russian Federation on administrative offenses in the field of countering the spread of COVID-19 are also considered. The main conclusion of the study is that there is currently no clear mechanism and criteria for assessing the verification of QR codes among the population, including foreign citizens, in the legislation of the Russian Federation, when traveling within the country. The issue under consideration is essentially of high relevance and legal significance. The relevance of this topic is beyond doubt. The authors put forward the original conclusions of the offer aimed at regulating the legal status of foreign citizens during the period of restrictive measures in Russia, as well as improving legislation aimed at stabilizing the epidemiological situation and preventing the commission of new offenses.

Zabuha, Yuliia Yu, Tetiana O Mykhailichenko and Svitlana V Rak, ‘Legal Regulation of Epidemic Security under the COVID-19 Pandemic Conditions in Some Post-Soviet Countries and Poland’ (2020) 73(12 cz 2) Wiadomosci Lekarskie 2758–2767
Objective: The aim: To reveal the features of the epidemic safety and security legal regulation in Belarus, Kazakhstan, Moldova, Poland, Russia and Ukraine during the COVID-19 pandemic. Patients and Methods: Materials and methods: This study is based on Belarusian, Kazakh, Moldavian, Polish, Russian and Ukrainian regulatory acts as well as national court judgments. Such methods as dialectical, comparative, analytic, synthetic, comprehensive, statistical and generalization approaches have been used in the article. Conclusions: the study confirmed that the direct impact on the spread and dynamics of morbidity during the COVID-19 pandemic in the countries to be analyzed is determined by: the presence of government agencies and special institutions involved in combating, preventing and monitoring the spread of infectious diseases and their readiness for effective measures in emergency situations caused, in particular, by epidemics; timeliness and duration of quarantine restrictions, their severity and scope; observance of these restrictions by the population; effectiveness of law enforcement responses to violations. The strengthening of administrative and/or criminal liability had no significant impact on the morbidity situation in the country.

San Marino

Sanders, Anne, ‘Video-Hearings in Europe Before, During and After the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3

Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges.

Serbia

Boskovic, Aleksandar and Tanja Kesic, ‘Questioning Defendants via Skype during the State of Emergency in the Republic of Serbia’ (2020) 6 Journal of Liberty and International Affairs 30–44
Abstract: The state of emergency was declared in the Republic of Serbia on 15 March 2020, due to the COVID-19 pandemic, which lasted until 6 May 2020. During the state of emergency, certain human rights were restricted and suspended, which are otherwise protected and guaranteed by the Constitution. One of the measures introduced by the state was the possibility for the defendant to attend the main hearing via Skype. The basic question arises whether the right to a fair trial is violated in this way, since it is one of the rights that cannot be limited or suspended even during a state of emergency. In this regard, this paper addresses the national legal framework under which trials are permitted and conducted via Skype during a state of emergency and relevant case law of the European Court of Human Rights.

Cendic, Kristina, ‘Restrictions of Sources of Information During the State of Emergency in Serbia’ in Gergely Gosztonyi and Elena Lazar (eds), Media Regulation During the COVID-19 Pandemic: A Study from Central and Eastern Europe (Ethics International Press, 2023) 156

Cendic, Kristina and Gergely Gosztonyi, ‘Freedom of Expression in Times of COVID-19: Chilling Effect in Hungary and Serbia’ (2020) 6 Journal of Liberty and International Affairs 14–29
Abstract: New technologies have opened several risks to safety of journalists. More importantly, in the state of emergency caused by the Covid-19 outbreak, journalists and media actors have shifted their activities online more than ever, which also made them more prone to digital threats and attacks. In some regimes there are even organized intimidation campaigns against political opponents causing chilling effect and self-censorship, and jeopardizing freedom of expression in general. Hungary as a member of the European Union since 2004 and Serbia as a leading candidate to join the EU are two countries where the problems and concerns about media freedom is growing every day. The fear from the unknown during the international pandemic gave opportunity to some governments to hide their real political agendas and cover their desire for the ‘good-old-fashioned’ censorship. The number of countries where some kind of censorship could be found is growing every day. The authors will show two country-case-studies from Hungary and Serbia, where the leaders and the political situations are very similar and could show a (good or bad) example to other countries that would like to follow the illiberal views on media issues.

Dokic, Ivan and Dragana Cvorovic, ‘Criminal Legal Challenges in Republic of Serbia during COVID-19 Pandemic Topic of This Issue: COVID-19 and Criminal Justice System’ (2021) 2021(3) CRIMEN: Casopis za Krivicne Nauke 259–276
Abstract: The pandemic caused by the spread of the infectious disease COVID-19, which affected the entire planet, caused not only the global health crisis, changing the usual way of life of the majority of the world’s population, but also affected almost all areas of the state and social system. The health systems were most affected; however, in addition to them, the effects of measures adopted by national legislators or other competent authorities to eliminate or reduce the risk of spreading the disease have affected, inter alia, economic stability, but also challenged the judicial authorities given that in the new circumstances it was not easy to ensure their normal functioning. This primarily refers to the criminal justice, given the importance of cases and the need for urgent action, since it is necessary to ensure the conduct of trials and the work of all procedural entities in conditions that, at least in one period, implied drastic restrictions on some basic civil and human rights and freedoms. In that context, it is especially important to review the justification and legality of the measures introduced in the Republic of Serbia during the state of emergency with the aim of more or less normal operation of the judicial system in conditions when social life was almost completely paralyzed. In addition, there is the question of what challenges and controversial issues are generally posed before criminal law in a pandemic, as well as the analysis of data on the crime rate and the overall crime situation in the Republic of Serbia in the period since the introduction of the state of emergency and during the pandemic.

Domazet, Siniša, ‘Implementation of Legal Acts of the Republic of Serbia in Order to Implement Protective Measures at the Level of Local Self-Governments in the COVID-19 Pandemic’ in VII International Scientific Expert Conference ‘Security and Crisis Management – Theory and Practice’ (2021)
Abstract: The pandemic of the infectious disease caused by the COVID-19 virus conditioned the intervention of the competent state bodies of the Republic of Serbia, in the form of innovating the existing, ie adopting new legal regulations. This has proven to be particularly important for local self-governments throughout the country. The paper analyzes the extent to which the legal acts of the Republic of Serbia and provincial authorities in connection with the epidemic of infectious diseases have been applied at the level of local governments in AP Vojvodina. The normative method was used in the research, as well as the legal-logical methods of induction and deduction. The paper was created as a result of a project entitled: ‘Model of functioning of local self-government in the conditions of an emergency situation caused by an epidemic of infectious diseases’, funded by the Provincial Secretariat for Higher Education and Scientific Research. Project number: 142-451-3077 / 2020-02

Hoxhaj, Andi and Fabian Zhilla, ‘The Impact of COVID-19 Measures on the Rule of Law in the Western Balkans and the Increase of Authoritarianism’ (2021) 8(4) European Journal of Comparative Law and Governance 271–303
Abstract This article offers a comparative analysis of the covid-19 legal measures and model of governance adopted in the Western Balkans countries (Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Serbia and Kosovo) and its impact on the state of the rule of law, and ability of parliament and civil society to scrutinise government decisions. The article assesses the governments’ approaches to introducing and enforcing covid-19 legal measures, and shows examples of how covid-19 has exposed more openly the weaknesses in the existing system of checks and balances in the Western Balkans. The article offers new insights into how covid-19 presented a new opportunity for leaders in the Western Balkans to implement further their authoritarian model of governance in undermining the rule of law. This article offers suggestions on how the EU could respond, through its accession conditionality instruments and civil society, to redirect this trend towards more state capture.

Jovanović, Srđan Mladenov, ‘Discursive Governmental and Media Response to Covid-19: The Case of Serbia’ (2020) 4(2) Society Register 95–108
Abstract: Serbia’s government, led by Aleksandar Vučić, has in scholarship been classified as semi-authoritarian, using Marina Ottaway’s classification. Its media have also been described as being in heavy, biased support of the government. Scholarship has further revealed that the Vučić-led, post-2012 government, has thrown the country backwards in time, with corruption and affairs being the primary instance by which the regime can be described. Expectedly, the response of the government and the government-supporting media to the COVID-19 pandemic has been less than professional. The initial response included official government press conferences in which the novel coronavirus was deemed to be ’funny’ and that, in the middle of the pandemic explosion and increased deathrate in Italy, Serbia’s population was advised to go to Italy for ’shopping’. The media furthermore tried to pin the pandemic to Serbia’s opposition alleged attempts to topple the government via ’coronavirus propaganda’. This article proposes to tackle the government’s and their supporting media’s responses to COVID-19 in February/March 2019 from a Discourse Analytical perspective.

Krstic, Ivana and Marko Davinic, ‘Serbia: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2023)
Abstract: Relying on Article 200 of the Constition, Serbia declared a state of emergency on 15 March 2020, which was then lifted on 6 May 2020. However, the Decision on the Declaration of State Emergency did not contain any provision detailing the list of basic rights and freedoms suspended during the state of emergency. Likewise, in a note verbale to the Council of Europe, which was submitted by the Ministry of Foreign Affairs in accordance with Article 15 of the ECHR, the Government solely acknowledged that ‘[t]he measures implemented by the Republic of Serbia have derogated from certain obligations provided for in the [ECHR] to the extent strictly required by the exigencies of the epidemilogical situation and medical necessity.’

Mirić, Filip, ‘Preventing the Spread of the Covid-19 Disease: Criminal Law Aspect’ (2022) 20(2) Law and Politics 115–123
Abstract: The outbreak of the contagious disease COVID-19 has led to major changes in everyday life. There is almost no segment of life and work that has not been affected. In this context, the paper analyzes the criminal law aspect of preventing the spread of COVID-19 in the Republic of Serbia, by presenting two criminal offences whose incrimination is important for pandemic control: Failure to comply with the Health Regulations during an Epidemic (Article 248 CC) and Transmitting a Contagious Disease (Article 249 CC). The work of judicial bodies during the pandemic will be presented and analyzed with reference to the statistical data issued by the Statistics Office of the Republic of Serbia on the number of criminal reports, charges, convictions and sanctions imposed for the commission of these criminal offences in the first pandemic year (2020). The statistical data will provide a clear insight into the phenomenological characteristics of this form of crime in Serbia, which will enable the formulation of recommendations for improving the response of the criminal justice system de lege ferenda.

Musiał-Karg, Magdalena and Izabela Kapsa (eds), Elections in Times of a Pandemic: Dilemmas and Challenges: Experiences of the European Countries (Brill, 2024)
Abstract: The COVID-19 pandemic demonstrated that unexpected and unpredictable situations can hinder the conduct of general elections around the world. The book is a comprehensive analysis of the organization of elections during the COVID-19 pandemic. In addition to the theoretical perspective, it familiarizes the public with specific electoral solutions adopted during the pandemic in selected European countries (Italy, Germany, Lithuania, Serbia, Russia, Czech Republic, Estonia, Latvia, Liechtenstein, Poland). The editors believe that this book will bring closer the specific solutions adopted in the considered countries during the COVID-19 pandemic and provide readers with a multi-faceted understanding of elections in emergency situations.

Nikolić-Ristanović, Vesna, ‘COVID-19 and Crime in Serbia’ in Dina Siegel, Aleksandras Dobryninas and Stefano Becucci (eds), Covid-19, Society and Crime in Europe (Springer International Publishing, 2022) 23–42
Abstract: The chapter looks at the Covid-19 pandemic and measures introduced in Serbia to combat it and analyses the social consequences of such interventions and the impact they had on crime. The analysis focuses on the comparison of crime trends in 2019 and 2020 and draws connections to the measures implemented by the Serbian government. New crime and victimisation patterns, as well as characteristics of domestic violence and social responses to it, are included as well. Analysed data suggest that some of the recorded offences declined during lockdown (property crime, violent crime, drug-related crime), while other crimes, such as health-related offences, increased sharply. Domestic violence initially rose during the lockdown, while limited access to support systems increased the risk of severe victimisation. Changes in crime trends seem to be associated with changes in the daily lives and crime policies, as well as with measures undertaken by the authorities and people’s response to such measures.

Obradovic, Vladimir, Milan Cupic and Dragomir Dimitrijevic, ‘Financial Reporting in Times of Crisis: The Case of the Serbian Developing Economy during COVID-19’ (2024) 49(4) Australian Journal of Management 722–739
Abstract: This study examines the impact of the COVID-19 pandemic on financial reporting in Serbia from the perspective of preparers of financial statements. Notably, the pandemic affected financial reporting in Serbia and preparers faced more professional difficulties during than before the pandemic. Financial reporting problems regarding future expectations and uncertainty are an important source of concern for preparers. The preparers who apply International Financial Reporting Standard (IFRS) for Small and Medium-sized Entities (SMEs) perceive some more difficulties than those who apply full IFRSs. This study contributes to the scarce literature regarding the impact of the COVID-19 pandemic on financial reporting.

Orlović, Slobodan and Ivan Milić, ‘Serbian Legal Disharmony During the COVID‑19 Pandemic’ in Zoltan Nagy and Attila Horváth (eds), Emergency Powers in Central and Eastern Europe : From Martial Law to COVID-19, (Central European Academic Publishing, 2022) 247

Petković, Aleksandra Ilić, ‘COVID-19 Pandemic and the Role Of Employers and Employees in Business Continuity Management: Legal Aspects’ (Proceedings of the 17th International Conference Management and Safety, Online 17 June 2022,2022) 14–19
Abstract: Covid-19 pandemic has raised many issues in the business world regarding employers and employees as subjects of employment. It poses a serious threat to the business of many organizations and has caused serious problems so far. As such disruptions can affect the survival and business continuity of organizations, employers have to be acquainted with the risks to their organizations in order to sustain their operations even in crisis, such as the current pandemic. Employees, as a party to the employment relationship, are a key resource of any organization. During the pandemic, they are always expected to adapt to new circumstances and be very flexible. Their interest is often the survival and successful operation of the employer. For all these reasons, the subject of research in this paper is the labor-law framework of the Republic of Serbia, where the subjects of employment can adjust their actions during the Covid-19 pandemic in order to ensure business continuity.

Popadić, Sofija Nikolić, Marko Milenković and Marta Sjeničić, ‘The Covid-19 Epidemic in Serbia – the Challenges of Finding an Appropriate Basis for Responding to a Health Crisis’ (2021) 14(2) Medicine, Law & Society 229–246
Abstract: The World Health Organization declared the Covid-19 pandemic on 11 March, 2020. Serbia declared a State of Emergency (SoE) on 15 March, just days after the country’s first official case, part of an unprecedented global wave of emergency responses, with states reacting differently to the threat of the virus. Decision makers in Serbia opted to declare a SoE, followed by a series of governmental decrees and ministerial orders. This paper examines the Serbian government’s initial response. The legislation in force in March 2020 is analysed to explore what possibilities and instruments could have been used, with particular focus on legislation regarding infectious diseases and disaster responses, which allowed for the declaration of an emergency situation, and the introduction of legitimate restrictions to fight the outbreak. The paper concludes that the full potential of all available measures and instruments was not exhausted, especially regarding legislation relating to an emergency situation.

Sovilj, Ranko P and Sanja N Stojković Zlatanović, ‘Tackling the Impact of the COVID-19 Pandemic in Economy and Labour – a Case Studey of Serbia Regulation’ (2021) 14(2) Medicine, Law & Society 301–320
Abstract: The paper deals with the foundation of policy and legal national framework addresses, particularly, the adequacy of state measures in the areas of economy and labour as a response to Covid-19 pandemic. The aim is, by analyzing recent soft law documents of international organizations and the introduced models of comparative policy practices, to make critical considerations regarding the policy responses in the crises conducted by the Serbian Government. The human-centered, holistic, and integrated approach had been applied accompanied by the legal normative and comparative methods. Putting the current Serbian regulation in the context of the international area of policy emergency response, the territorial approach has been determined as most applicable, accompanied by the spatial coverage to the most vulnerable sectors. Government stimulation policy in the area of economy and employment in the Covid-19 crisis must be based on the rapid and reliable assessment of the impact of a lockdown or trade and job restrictions as on medium to longer-term recovery strategies of trade and employment. The principle of global and national solidarity, public-private partnership are core elements that need to be incorporated in the legal framework to tackle the impact of the Covid-19 pandemics in the economy and labour.

Tomić-Petrović, Nataša M, ‘Rights to Health in the Times of Pandemic (the Case of Serbia)’ (2021) 84(1) Curentul Juridic 37–41
Summary/Abstract: Health is the most beautiful gift that nature gives us, and viruses are the most serious threat to humanity. Since ancient times many infections have tormented the people in our area. It is believed that the first quarantine in history was introduced in the Balkans, in the 14th century during the fight against the black plague. During the Great War in 1914, Serbia faced an epidemic of typhus, and in 1972, the epidemic of smallpox in Serbia ended, and our anti-epidemic struggle was assessed by international institutions as successful. In the Republic of Serbia, amendments to the Law on Protection of the Population from Infectious Diseases were adopted in 2015. The Law on Health Care of Serbia, as the basic law in the legal system of Serbia, regulated the entire system of health care. The Institute for Public Health, established for the territory of the Republic of Serbia, coordinates the implementation of epidemiological monitoring on the territory of the Republic and issues expert instructions for epidemiological monitoring for infectious diseases and special health issues. The year is 2020, the viral epidemic is conquering Serbia as well. Along with the relevant national regulations, the paper presents the chronology of infectious diseases in the world and in our country until today’s pandemic, which changed our lives. The race for development, production and application of the Covid 19 vaccine around the world continues with increasing of research in centers around the world

Turanjanin, Veljko, ‘Migrants and Safety in Serbia During and After Coronavirus Pandemic’ (2022) 6 EU and Comparative Law Issues and Challenges Series (ECLIC) 410–429
Abstract: The removal of internal borders and the establishment of freedom of movement are important aspects of the EU’s history, but they are not accompanied by a uniform legal system. The migrant dilemma isn’t going away, and the pattern and character of these movements have evolved dramatically over the previous six decades. The author of this article addresses the issue of migrants’ position in Serbia’s rural areas during the coronavirus pandemic. During the period of emergency, Serbia enacted policies that imprisoned migrants in detention centres, effectively depriving them of their liberty. According to the government’s reasoning, it was done to protect migrants’ health. Given the rising violence between migrants and the local people, the question is whether the state intended to safeguard migrants’ health or citizens from migrants in this manner. The author conducted a survey in these areas, explains the findings in depth, and draws a conclusion based on his findings. The paper is comprised of several units. In the first place, the author briefly explains the state of emergency in Serbia and gives an overview of migration centers in Serbia. The central part of this paper deals with the research between citizens in relation to migrants, both in their general attitude and in terms of the relationship between migrants and crime. Residents of migrants’ areas were surveyed, as the author believed thought that due to the location of migration centres, they would be most affected by waves of migrants and possibly, crimes committed by migrants. The author set two initial hypotheses and both were confirmed, and according to the research, the population has a negative attitude towards migrants. At the same time, most respondents show distrust of the state’s claim that migrants are imprisoned for their health. The author believes that this move by the state at that time was a hasty reaction in order to prevent the uncontrolled movement of migrants and the potential spread of the infectious coronavirus disease. In the same time, the author tries to answer to the question about the migrants’ position today and in the near future.

Turanjanin, Veljko, ‘Unforeseeability and Abuse of Criminal Law during the COVID-19 Pandemic in Serbia’ (2021) 5(EU 2021 – The future of the EU in and after the pandemic) EU and comparative law issues and challenges series (ECLIC) 223–246
Abstract: The author deals with the problem of criminal measures and sanctions in the legislation of the Republic of Serbia during the Covid-19 pandemic. The executive branch of the government declared a state of emergency in the Republic of Serbia in March 2020. At the same time the so-called Crisis Headquarter was established with the authority to impose measures of criminal-legal nature. During the two-month state of emergency, through the Crisis Headquarter, the executive branch of the government was changing criminal laws and sanctions at an almost daily basis. It is debatable whether such laws meet the rule of law and the European Court of Human Rights standards. Many citizens failed to adapt their behavior to the imposed measures. On the one hand, the courts have fallen into the trap of double punishment, both for a crime and for a misdemeanor. On the other hand, justifications of the courts’ decisions are also questionable, especially those containing references to statements made by members of the crisis team through the media. Furthermore, the Constitutional Court didn’t rule on any of the numerous requests for constitutional review, but in September it came out with the view that since the state of emergency was over, its decision was unnecessary. The paper is comprised of several units. In the first place, the author explains the process of legal changes by analyzing all the laws and rules that were passed by the end of 2020, as well as data related to the punishment of residents whose behavior was not in accordance with existing legal solutions. Bearing in mind the standards of the rule of law and the European Court of Human Rights, the author then explains that the measures implemented by the Serbian authorities do not meet the basic required criteria, primarily the foreseeability of the law, as well as that the laws were abused for the purpose of the election campaign. The special attention is paid to curfews and the complete ban on leaving homes for senior citizens well as ban of contacting with the family members, and then the lockdown of the rest of the population. The actions taken by the authorities during the epidemic resulted in violation of human rights of their citizens, and experience shows that the only court that citizens will be able to turn to will be the European Court of Human Rights. The author believes that with this understanding of the law and respect for its own citizens, the European Union can only be a distant idea.

Slovak Republic (Slovakia)

Capíková, Silvia, Eduard Burda and Mária Nováková, ‘Measures Introduced in the Slovak Republic in Response to the Public Health Crisis Caused by the COVID-19 Pandemic’ (2021) 14(2) Medicine, Law & Society 321–350
Abstract: The SARS-Cov-2 pandemic outbreak in the Slovak Republic in March 2020 required rapid legal response to protect lives and health of inhabitants and new complex challenges emerged. The objective of this paper is an analysis and critical assessment of measures adopted in the field of health law. As most significant problem fields in Slovakia arose: 1/ Legality and hierarchy of measures limiting everyday life and exercise of citizen rights and freedoms; 2/ the scope, proportionality, extent and duration of measures; 3/ adherence to the measures by the public and law enforcement issues. The pandemic unraveled need to innovate the legal framework of contagious diseases control, for example, constitutional emergency regimen, or powers of the Public Health Authority. Established rule of law framework served to safeguarding against some disproportionate or unwanted effects of anti-pandemic measures, however, future development of more sophisticated legal tools to control the pandemic is needed.

Gajdošová, Martina, ‘Coronavirus-Delegated’ Law-Making and the Official Publication Instruments: A Review of the Latest Decision of the Slovakian Constitutional Court’ (2022) 68(2) OER Osteuropa Recht 235–253
Abstract: In the Slovak Republic, the pandemic situation has brought a new competence to legislate for public health authorities. Such delegated law-making and also the manner of their publication in the official publication instrument became the subject of a review before the Constitutional Court of the Slovak Republic. The paper provides a look at the Constitutional Court’s decision of December 2021, which stabilised the ‘Corona’ delegated law-making competence of state authorities in the field of public health, both at the central and local level, and the publication of such decrees in the Journal of the Government of the Slovak Republic. The decision of the Constitutional Court confirmed the existence and functionality of the so-called main and the so-called secondary official publication instrument in the Slovak Republic (the Collection of Laws of the Slovak Republic and the Journal of the Government of the Slovak Republic), both of which have their historical predecessors from the second half of the 19th century, both Hungarian and Czechoslovak. The paper also summarises the themes that arise from this decision for legal science, in particular delegated law-making, delegated law-creator, promulgation of legal regulations and official publication instruments in Slovakia.

Gajdosova, Martina, ‘Legal and Paralegal Measures as the Response to an Extraordinary Situation’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: The contribution deals with normativity and norm-creation as the most important response in the development of the law to an extraordinary situation caused by coronavirus, with regard to the development in the Slovak Republic. The contribution describes the turbulence of normativity in the development of soft-normativity of the executive (recommendations), measures of the executive of a normative nature (prohibitions, obligations) and responses of the parliament (ad hoc COVID-19- acts). The contribution also deals with operational normativity manifested in all forms of self-government and internal management (internal normative acts).

Gajewski, Dominik J and Adam Olczyk, ‘Changes in Polish Tax Law in Response to the Covid-19 Pandemic against the Comparative Legislative Changes in the Czech Republic and Slovakia’ (2024) 12(1) Studia Iuridica Cassoviensia 87–98
Abstract: The article describes the most important characteristics of legislative changes made in the Polish tax law in connection with the COVID-19 pandemic. They undergo comparison with changes made in this branch of law in the Czech Republic and Slovakia. This juxtaposition serves the authors to show that the main trend was, in the first place, to suspend the deadlines in tax procedures. It was an ad hoc change and did not affect any significant changes in tax procedures in the long run. The authors also point to certain restraint of the Polish legislator as regards adoption of serious changes to substantive tax law during the period under examination and touch upon the issue of transferring certain competences (in terms of exemptions) from the legislative authority to: (1) local governments or (2) the executive branch.

Gálisová, Zuzana and Peter Plavčan, ‘Legal Regulation of Support Tools in Social Economy and Its Innovations in the Period of COVID-19 in Slovak Republic’ (2021) 2 Proceedings of CBU in Social Sciences 119–125
Abstract: The 20ties of the 21st century are characterized by the pandemic period of COVID-19. The fall of national economies, the fears of inhabitants regarding their health, and the unfavorable economic situation of big groups of inhabitants require functional measures. Implementing social economy principles in national economies is a tool to improve the economic situation of the marginalized groups of inhabitants without using social networks. The knowledge on the social economy system and legal regulation of support tools in social economy in Slovak Republic enable the dissemination of this knowledge and potentially implement in the current pandemic COVID-19 period even in the international environment. The legal regulation of the social economy offers more support tools to solve current economic problems during the COVID-19 pandemic period. Here we present a structured overview and generalization of the knowledge of legal regulations on the social economy as well as a detailed description of the content of the support tools of the social economy during the COVID-19 period.

Giedrewicz-Niewińska, Aneta, Viktor Križan and Jana Komendová, ‘The Obligations of the Employer in the Implementation of Remote Work: The Examples of Slovakia, the Czech Republic and Poland’ (2024) 29(2) Bialystok Legal Studies / Białostockie Studia Prawnicze 83–97
Abstract: This text analyses the legal aspects of teleworking in Slovak labour law and remote working in Czech and Polish labour law. The text shows how Slovakia, the Czech Republic and Poland have used their experiences of employment during the COVID-19 pandemic in different ways. The basic difference is already apparent in the notions of remote working, teleworking and working from home. There are also some differences in the regulation of employers’ obligations related to the implementation of remote working. The legal regulation of remote working is in its formative stage, as evidenced by recent Polish and Czech labour-law changes. The analysis of the legal regulations of the three countries shows that remote working is a challenge. It is legitimate to analyse different legal solutions and share experiences between the countries. The text analyses the latest legal developments.

János, Szinek and Szinek Csütörtöki Hajnalka, ‘The Multi-Level Regulation of the Traditional and the Exceptional Emergency Powers in Slovakia’ in Zoltan Nagy and Attila Horváth (eds), Emergency Powers in Central and Eastern Europe : From Martial Law to COVID-19, (Central European Academic Publishing, 2022) 279

Klimovsky, Daniel, Ivan Maly and Juraj Nemec, ‘Collaborative Governance Challenges of the COVID-19 Pandemics: Czech Republic and Slovakia’ (2021) 19(1) Central European Public Administration Review 85–106
Abstract: The goal of this article is to evaluate what the Czech and Slovak governments have done to protect their countries and try to assess why they have achieved different results for the first and second waves of the Covid- 19 pandemic. The basis for such evaluation is the concept of collaborative governance, while qualitative research methods are used to achieve this goal. Based on comprehensive case studies and following analysis, the article suggests that in countries with limited quality of collaborative governance and no experience in similar pandemics, short-term ‘ultramobilisation’ and positive results are indeed possible, but failures are non-avoidable in the long run. During the second wave of the pandemic, the weaknesses in governance resulted in massive governance failures. As a result, the governments’ responses delivered very limited results in terms of prevalence of Covid-19.

Kovacikova, Hana, ‘How May COVID-19 Be (Mis)Used as a Justification for Uncompetitive Tendering? Case Study of Slovakia’ in New Legal Reality: Challenges and Perspectives. II (University of Latvia Press, 2022) 156–165
Abstract: The COVID-19 pandemic caused disaster in every area of life, public procurement notwithstanding. This article considers the problem of possible misuse of COVID-19 pandemic as a cover to justify uncompetitive tendering of public contracts. It contains the analysis of general conditions set by the EU law and also by national legislation, which must be met while using the method of direct awarding of contracts by contracting authorities, as well as specific conditions clarified by the European Commission in its 2020 Guidance for emergency situation procurement related to COVID-19. It also deals with the Slovak law applicable in this area, and the real practice of Slovak contracting authorities. In this regard, a quantitative analysis was realised to answer the question, whether Slovakia complies with the Union’s rules in both levels – legislative, as well as in practical.

Miroslav, Štrkolec, ‘Tax Law in Slovakia under the Influence of Pandemic, Digital Transformation and Inflation’ (2023) 8(1) Public Governance, Administration and Finances Law Review 91-103
Abstract: Tax law, as a branch of law belonging to the hard core of public law, is one of its branches that are characterised by instability rather than the stability of its rules. The reasons for the frequent changes in tax law can be found not only in political agendas and the economic view of taxes, but equally in external impacts, to which the legislature tries to respond promptly. The paper aims at clarifying the competing views on the position of tax law in the legal system and defining its functions, as they have been interpreted differently in different periods of social development. The paper then examines the significant changes in tax law in recent years, triggered by the Covid-19 pandemic, digital transformation and inflation, and assesses the extent to which these changes contribute to the fulfilment of the core, the fiscal function of taxes.

Steuer, Max, ‘The Extreme Right as a Defender of Human Rights? Parliamentary Debates on COVID-19 Emergency Legislation in Slovakia’ (2022) 11(2) Laws 17
Abstract: During the COVID-19 pandemic, the protection of public health became a political priority worldwide. Slovakia’s COVID-19 response was initially praised as a global success. However, major rights restrictions were introduced in spring 2020, with some of these endorsed by the parliament. This article uses Rossiter’s and Schmitt’s concepts of the exception and Agamben’s distinction between life and survival to highlight the risks pertaining to the framing of the protection of public health as contradictory to human rights guarantees. It investigates how human rights were discussed by Slovak parliamentarians in relation to key legislation, that introduced a COVID-19 contact tracing app and allowed repeated prolongation of health emergencies by the executive with parliamentary approval. The findings indicate that democratic parliamentarians prioritized public health considerations framed in terms of security and effectiveness rather than rights, dissociating biological survival from political life. In contrast, extreme political actors became outspoken critics of emergencies, referring to human rights. As such, the deliberations represent a missed opportunity by democratic legislators to justify public health protection via a human rights lens and risk undermining democracy in Slovakia.

Steuer, Max, ‘States of Emergency, Simultaneous Overreach and Underreach and the COVID-19 Pan(Dem)Ic’ (2024) 15(1) European Journal of Risk Regulation 87–101
Abstract: Previous research has neglected how repeated declarations of states of emergency (SsoE) in response to the same emergency may combine with executive overreach and underreach within a single jurisdiction, undermining the authority of the SsoE as a legal institution and increasing the vulnerability of the constitutional system as a result. This article examines how decision-makers’ commitment to a culture of justification is central to avoiding emergency mismanagement via underreach, overreach or their combination. The simultaneous instances of executive overreach and underreach as emergency management failures are studied via the Slovak case, which was celebrated for its initial response to the COVID-19 pandemic but castigated for its failure to contain the subsequent waves. The analysis of the legal framework of the SsoE and the justifications for SsoE declarations uncovers the lack of justifications for the patterns of simultaneous executive underreach and overreach, underscoring the elusiveness of these categories. The limited justifications for the decisions demonstrated by the ‘government in panic’ point to the undermining of the SsoE as a legal institution. The article concludes with highlighting how leaders’ role conceptions as democratic emergency managers might be necessary to sustain the authority of the SsoE.

Tížik, Miroslav, ‘Changes in the Relations between the State and Religion during the COVID-19 Pandemic in Slovakia’ in Brian Conway et al (eds), Religion, Law, and COVID-19 in Europe: A Comparative Analysis (Helsinki University Press, 2024) 115–133 [OPEN ACCESS E-BOOK]
Abstract: Slovakia is a country with a Catholic majority but with a variety of other minorities – mainly Christian churches. In Slovakia, the COVID-19 pandemic occurred from March 2020 to April 2022 in four waves. Throughout all waves of the pandemic, there was no specific legislation in force or action taken regarding religious groups, and all restrictions on religious life were part of general restrictions. The differential treatment of religious and other actors was more evident in the case of various exemptions from measures, when in the early periods state-recognised religious groups were not afforded such exemptions, or they did not receive them to the same extent as some others, whereas in the second and later waves, by contrast, registered religious groups were afforded most exemptions from generally applicable measures, or strict anti-pandemic measures were relaxed during religious holy days. Non-registered religious groups or people without religious affiliation were not taken into consideration in the adoption of anti-pandemic measures or the exemptions from them. The available data from various studies suggest that the influence of the COVID-19 pandemic on religiosity in Slovakia was a mixed one but without significant changes in religious affiliation and church attendance.

Slovenia

Accetto, Matej, ‘Pandemic and the Rule of Law’ in Rainer Arnold and Javier Cremades (eds), Rule of Law and the Challenges Posed by the Pandemic (Springer, 2023) 127–143
Abstract: This paper addresses the challenges that the Covid-19 pandemic posed for the operation of the legal order by reference to the jurisprudence of the Slovenian Constitutional Court on the pandemic and the measures adopted to combat it. While the focus is on the Slovenian experience, the context of the contribution will be familiar to all: the pandemic necessitated drastic measures restricting fundamental rights, which in turn raised a number of constitutional challenges in determining the proper conditions and limits of these measures. Some of these challenges concerned the procedural aspects, such as the standing requirements to be able to bring an action before the Constitutional Court contesting the constitutionality of particular measures. Others related to the substantive aspects, notably the application of—and possible adjustments to—the principle of proportionality in assessing whether a particular limitation of fundamental rights was, in fact, lawful.

Accetto, Matej, ‘The Pandemic and the Slovenian Constitutional Jurisprudence’ in Paola Iamiceli and Fabrizio Cafaggi (eds), COVID19 Litigation: The Role of National and International Courts in Global Health Crisis (Università degli Studi di Trento, 2024) 119 *[OPEN ACCESS BOOK]*
Chapter summary: 1. Introduction. 2. Covid-19, the legislative context and the response by the political branches of government. 3. Pandemic and the challenges of constitutional review. 3.1. The procedural challenges. 3.1.1. Standing and direct access to the Court. 3.1.2. Justiciability of challenges against acts no longer in force. 3.2. The substantive challenges. 3.2.1. The requirement of legality. 3.2.2. The pandemic and the proportionality test. 4. Reviewing the pandemic: Notes on the margins. 5. Conclusion.

Di Bari, Michele, ‘Let Judges Speak for Themselves: Can Comparative Constitutional Case Law Help Conceptualize Universal Standards in the Fight against COVID-19?’ [2021] (1) Dirittifondamentali.it 200–221
Abstract: This contribution provides an examination of recent constitutional case law concerning the judicial review of emergency measures adopted in the fight against the COVID-19 pandemic. In particular, the aim of this comparative analysis is twofold: On the one hand, its purpose is to verify whether Supreme Courts were able to engage with the limitation of fundamental rights without being too deferential as it could be expected during emergencies; on the other hand, it attempts, to demonstrate that it is possible to conceptualize universal standards for the protection of fundamental rights during health emergencies through what is called comparative constitutional case law (CCCL). The analyzed case law belongs to different legal orders, namely, Kenya, Kosovo, and Slovenia; however, all the cases concern freedom of movement and its legitimate (possible) limitations. The analyses of different cases are provided separately, and in the last paragraph some conclusive hypotheses have been drawn and left open for a future debate. :

Juhart, Miha, ‘Deferral of Payments under a Credit Agreement as an Extraordinary Measure Due to the Epidemic: A Slovenian Approach’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: The SARS-CoV-2 epidemic (COVID-19) poses a particular challenge to many disciplines and requires the state to take action at various levels of engagement. One of those specials is also a credit agreement. To mitigate the effects of the epidemic on the solvency of borrowers, the Slovenian legislator adopted the Intervention Measure Act on Deferred Payments of Borrowers’ Obligations. The essential measure is the deferral of payment as stipulated, what means the termination of the maturity of all obligations under the credit agreement until the end of the deferral period of 12 months. During this period, the interest shall be charged on the deferred part of the principal at the regular interest rate. The borrower may apply for the deferral of payment, if the epidemic affects his ability to repay the loan. The bank must offer him the conclusion of annex to the credit contract, if he fulfils all conditions for the application. In the deferral period, the borrower is bound by special reporting obligation concerning his solvency and ability to make a repayment. :

Kecső, Gábor, Boldizsár Szentgáli-Tóth and Bettina BOR, ‘Emergency Regulations Entailing a Special Case of Norm Collision Revisiting the Constitutional Review of Special Legal Order in the Wake of the COVID-19 Pandemic’ (2024) 14(1) Juridical Tribune / Tribuna Juridica 5–26
Abstract: This contribution will interpret conflict between an emergency order and an ordinary law as a special case of norm collision and will revisit the constitutional review of such cases through this lens. First, the theoretical framework of emergencies will be taken into account, and then, based on the relevant constitutional case law of Austria, Germany, Hungary, Romania and Slovenia delivered during the recent public health emergency, a comparative analysis will investigate the most popular techniques to outline the scope of emergency regulation. Finally, based on this research, a three-step analysis will be proposed for constitutional courts to approach such issues by taking into account either the theoretical, the formal and the substantial aspects of the case. Apart from highlighting the role of constitutional review to establish the objective limits of emergency regulations, we also aim at giving additional weight on the formal and the theoretical prongs of the assessment of extraordinary state interferences, which have been consistently underestimated in our sense.

Lachmayer, Konrad, ‘Judging, Fast and Slow. Constitutional Adjudication in Times of COVID-19’ in Saša Zagorc and Samo Bardutzky (eds), Constitution at the Brink of a State of Emergency: Celebrating Thirty Years of the Constitution of Republic of Slovenia (1991-2021) (University of Ljubljana, Faculty of Law, 2022)
Abstract: During an emergency, time is of the essence. While the executive branch may make quick decisions, courts in general, and supreme and constitutional courts in particular, seem to act relatively slowly. Nevertheless, the function of constitutional review becomes even more important when emergency measures introduced by the executive infringe fundamental rights, violate the rule of law or undermine democracy. The following paper analyses the potential, possibilities and perspectives of fast-track constitutional adjudication and contrasts it with slower forms of judicial review. Recent developments during the COVID-19 crisis serve as an example. :

Meško, Gorazd and Iza Kokoravec, ‘COVID-19, Crime and Social Control in Slovenia’ in Dina Siegel, Aleksandras Dobryninas and Stefano Becucci (eds), Covid-19, Society and Crime in Europe (Springer, 2022) 81–98
Abstract: This chapter presents the sociopolitical events and crimes recorded by the police in Slovenia during the Covid-19 pandemic alongside the influences these issues have had on society. It presents an overview of the measures and restrictions adopted by the Slovenian government, with a greater focus on policies introduced during the first wave of the epidemic. Social responses to the newly formed government, taken measures, and the impact of the consequences on various social groups are presented and discussed. Police crime statistics for 2020 are analysed and compared with those from 2019. The chapter then provides more detail on certain types of crime, showing the amount of recorded crime and police response. The findings show that most recorded crimes in 2020 decreased. They also indicate the need for additional self-report and victimisation studies, as well as studies on the opinions of police officers regarding tackling crime and the imposed measures.

Meško, Gorazd and Vojko Urbas, ‘Crime Investigation During the COVID-19 Pandemic in Slovenia’ [2021] (Special Conference Edition 5) European Law Enforcement Research Bulletin 83–96
Abstract: The article presents an introductory reflection on the COVID-19 epidemic, registered crime and police work in the field of crime investigation, especially during the first wave of the epidemic in the spring of 2020 in Slovenia as compared to the previous year. First, an analysis of recorded crime for the first nine months (January–September) of 2019 and 2020 is presented, followed by comparing the same period in the first wave of the epidemic from March to May 2020. Governmental measures for curbing the epidemic are also presented. The comparisons show that most recorded crimes decreased in Slovenia during the first wave of the epidemic in 2020 and the first nine months of 2020. We also present the opinions of the heads of criminal investigation sectors at the Criminal Police Directorate on the incidence and nature of criminal offences during the epidemic and the criminal police responses. The findings indicate the need for additional victimisation and self-reporting studies of delinquency, which could be a qualitative supplement to the official statistical data on recorded crime during the COVID-19 epidemic in Slovenia.

Mišič, Luka and Grega Strban, ‘Regulation of Triage in Times of a Pandemic: Experiences from Slovenia (and Beyond)’ (2021) 14(2) Medicine, Law & Society 189–208
Abstract: The article offers an overview of legal regulations governing (medical) triage in Slovenia and their importance in times of the Covid-19 epidemic. Focusing on the Patients’ Rights, Health Care and Health Insurance, Medical Services, and Health Services Act, it looks at ways in which legal rules and medical standards intertwine when it comes to deciding who should receive particular limited medical treatment first or in what order. It also deals with ways in which professional rules of conduct or medical standards may, on the one hand, exclude the unlawfulness of particular conduct, and how, on the other hand, law may limit the autonomy of medical practitioners. Both the autonomy in their professional conduct as well as healthcare providers’, but especially professional organizations’ law-making autonomy. Even if grounded in the Slovenian legal order, the present article by nature surpasses its domestic boundaries, since the Covid-19 epidemic created similar issues in several if not in all European jurisdictions. Even more so, since the article addresses several general challenges concerning triage in times or moments of crisis, such as state’s positive obligations, recognition of patients’ private autonomy, medical treatment abroad, ethical deliberations concerning a just distribution of scarce medical services, etc.

Spain

Amat, Francesc et al, ‘Pandemics Meet Democracy. Experimental Evidence from the COVID-19 Crisis in Spain’ (preprint, SocArXiv, 5 April 2020)
Abstract: The COVID-19 outbreak poses an unprecedented challenge for contemporary democracies. Despite the global scale of the problem, the response has been mainly national, and global coordination has been so far extremely weak. All over the world governments are making use of exceptional powers to enforce lockdowns, often sacrificing civil liberties and profoundly altering the pre-existing power balance, which nurtures fears of an authoritarian turn. Relief packages to mitigate the economic consequences of the lockdowns are being discussed, and there is little doubt that the forthcoming recession will have important distributive consequences. In this paper we study citizens’ responses to these democratic dilemmas. We present results from a set of survey experiments run in Spain from March 20 to March 28, together with longitudinal evidence from a panel survey fielded right before and after the virus outbreak. Our findings reveal a strong preference for a national as opposed to a European/international response. The national bias is much stronger for the COVID-19 crisis than for other global problems, such as climate change or international terrorism. We also find widespread demand for strong leadership, willingness to give up individual freedom, and a sharp increase in support for technocratic governance. As such, we document the initial switch in mass public preferences towards technocratic and authoritarian government caused by the pandemic. We discuss to what extent this crisis may contribute to a shift towards a new, self-enforcing political equilibrium.

Arenas-Arroyo, Esther, Daniel Fernández-Kranz and Natalia Nollenberger, ‘Can’t Leave You Now! Intimate Partner Violence Under Forced Coexistence and Economic Uncertainty’ (IZA Discussion Paper No 13570, 10 August 2020)
Abstract: With the COVID-19 outbreak imposing stay at home and social distancing policies, warnings about the impact of lockdown and its economic consequences on domestic violence has surged. This paper disentangles the effect of forced coexistence and economic stress on intimate partner violence. Using an online survey data set, we find a 23% increase of intimate partner violence during the lockdown. Our results indicate that the impact of economic consequences is twice as large as the impact of lockdown. We also find a large increase of domestic violence when the relative position of the man worsens, especially in contexts where that position was already being threatened. We view our results as consistent with the male backlash and emotional cue effects.

Arroyo Jiménez, Luis, ‘Administrative Procedures and Emergencies under Spanish and EU Law’ (2022) 34(1) European Review of Public Law_
_Abstract: In case of emergency public authorities can take extraordinary measures, which alter the balance struck between the relevant constitutional principles in ordinary situations. This has also an effect on procedures for the adoption of administrative rules and decisions. This article studies five typical manifestations of this process in view of the measures taken to cope with the health, economic and social crisis brought about by COVID-19: expediting, streamlining, staying, replacing, and removing administrative procedures.

Bermejo, Nuria, ‘Corporate Restructuring Laws Under Stress: The Case of Spain’ (2023) 24(2) European Business Organization Law Review 337–348
Abstract: This paper offers some reflections on the effectiveness of the insolvency law measures adopted in Spain during the Covid crisis and on the provision of public funding during this crisis and the repayment of the corresponding claims. The analysis shows that the insolvency measures were inherently ill-suited for achieving the policy goal of preserving businesses, and that there was a good case for the provision of public funding. However, in the Spanish case this funding came too late, and there are now significant challenges associated with restructuring these funds where they were extended by way of loan or guarantee rather than as grant. With regard to the recovery of these funds, the paper concludes that there are no good reasons to insulate the State from the restructuring of debtors’ liabilities in the context of a crisis with the characteristics of the pandemic crisis. On the contrary, credit risk should also be transferred to the State—as to other creditors—, and the State will then have to assume the role of loss absorber of last resort.

Borselli, Angelo and Ignacio Farrando, ‘Corporate Law Rules in Emergency Times Across Europe’ (Bocconi Legal Studies Research Paper No 3759202, 23 September 2020)
Abstract: This paper explores corporate law rules adopted in some European states amidst the COVID-19 pandemic, in order to track the major reform trends and consider how corporate law in Europe has adjusted to the emergency. The analysis focuses primarily on the U.K., Germany, France, Italy and Spain; occasionally, depending also on the relevant rules actually introduced by the states, other systems are considered as well.The paper groups the emergency measures into three main categories that include rules aimed at facilitating shareholders’ meetings and meetings of the board of directors, rules relaxing directors’ duties and liability and giving directors some leeway as companies face unprecedented challenges and uncertainties, and rules designed to support corporate liquidity.The analysis shows that while some points of similarity exist among the emergency rules considered, there are nevertheless numerous differences in their nature, scope, technicalities, and also timing. These differences emphasize a lack of coordination at the European level. The discussion also sheds light on the potential of some emergency measures to call traditional corporate law rules into question and last in what will be the new normal after the crisis.

Carrasco, Angel, ‘Parameters for Applying the Rules on Force Majeure to COVID-19 in Spain’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: The aim of the article is to analyse how the spread of COVID-19 affects contractual relationships under Spanish law. A case-by-case approach is adopted – the key difficulties and paradoxes associated with the application of the current legal framework are determined by analysing the most typical difficulties encountered by the contractors due to the pandemics. The legal context is comprehensively presented: the core practical issues related to the functioning of the institution of force majeure are examined. The common problematic scenarios caused by the COVID-19 are addressed, i.a.: the practical impact of the all risk clauses on the risk distribution, the disappearance of causa of the contract, the tension between labour law mechanisms and force majeure. Finally, the possibility of classifying COVID-19 contingency as a force majeure contingency is examined (both the undisputed and the debatable force majeure contingencies are discussed).

Cooney, Sean et al, ‘OSH and the COVID-19 Pandemic: A Legal Analysis’ (Northeastern University School of Law Research Paper No 434, 26 April 2023)
Abstract: This study provides an analysis of how occupational safety and health (OSH) regulation responded to the circumstances of key workers during the COVID-19 pandemic. It explains the objectives of OSH regulation, including its main elements and how it has evolved over time. It draws from national country studies from Africa (Rwanda); Asia (China, Japan, Republic of Korea); Europe (Italy, Spain, United Kingdom); North America (United States) and South America (Brazil, Colombia) to explain how different jurisdictions address safety and health in their regulatory frameworks and how these frameworks operate in practice, including during the COVID-19 pandemic.

Corrado, Alessandra and Letizia Palumbo, ‘Essential Farmworkers and the Pandemic Crisis: Migrant Labour Conditions, and Legal and Political Responses in Italy and Spain’ in Anna Triandafyllidou (ed), Migration and Pandemics: Spaces of Solidarity and Spaces of Exception (Springer International Publishing, 2022) 145–166
Abstract: The agri-food system across Europe relies heavily on migrant labour. Border lockdowns during the Covid-19 pandemic immobilised thousands of foreign farmworkers, giving rise to fears of labour shortages and food production losses in EU countries. Farmers’ organisations sought institutional interventions to address this labour demand. Although migrant workers have become a fundamental component of core sectors in recent decades, it is only in the current health emergency that they were recognised as ‘essential’ workers. The chapter analyses the working conditions of migrant farmworkers alongside national debates and institutional interventions in Italy and Spain during the pandemic. It provides a critical comparative analysis of legal and policy interventions to address migrants’ situations of vulnerability. Both countries depend on important contingents of EU and non-EU migrant farmworkers, especially in fruit and vegetable production; moreover, they present common aspects in supply chain dynamics and labour market policies, but also specific differences in labour, migration and social policies. Both adopted measures to face the condition of irregularity of migrant workers in order to respond to labour demand in the agri-food sector and to provide these workers with safe working and living conditions during the pandemic. However, these interventions reveal shortcomings that significantly limit their impact and outcomes, calling into question to what extent migrant workers are really considered as ‘essential’ in a long-term perspective and, therefore, to what extent the current pandemic constitutes an opportunity for a new push to enforce labour and migrant rights.

‘COVID Passports Do Not Violate the Rights to Privacy and Data Protection’ (2022) 71(9) GRUR International: Journal of European & International IP Law 886–895
Abstract: A measure adopted by the Regional Minister of Health, which prescribes that documentation proving vaccination, testing or recovery from COVID-19 be displayed in order to gain access to certain premises, may limit the fundamental rights to equality, privacy and data protection as enshrined in the Spanish Constitution. As such, it requires prior ratification by the competent Regional High Court to be effective. Such a measure is appropriate and in accordance with the requirements of health protection, insofar as it aims at protecting the health and life of people, it concerns premises where entry is voluntary, where no essential activities take place, and where the risk of infection is high. Such a measure does not discriminate between vaccinated people and those who are not, as long as it gives an alternative to vaccination to enter the premises.

Fernández-Bermejo, María Dolores Utrilla, ‘Soft Law Governance In Times Of Coronavirus In Spain’ [2021] European Journal of Risk Regulation (advance article, published 9 February 2021)
Abstract: During the first few months of the COVID-19 pandemic, between March and July 2020, Spanish national and regional authorities made extensive use of soft law mechanisms to fight the spread of the virus and to tackle the consequences of the crisis. Soft law was used either as an instrument in and of itself, or as a justification for hard law instruments, with more than 200 non-binding measures being enacted by the State and by the Autonomous Communities. Spanish courts also extensively used soft law as a tool to interpret existing hard law instruments, many of them related to the protection of the fundamental right to personal integrity. Such uses give rise to concerns as regards the transparency of administrative action and the principle of legal certainty. Moreover, the widespread use of soft law measures as criteria justifying the adoption of binding measures restricting fundamental rights may have consequences from the perspective of the democratic accountability and judicial control of executive action. Overall, this points to the need to reconsider the current system of constitutional and legal constraints attached to this form of regulation, for example by introducing some binding procedural rules relating to its adoption and its publication, as well as by clarifying its legal effects and the mechanism through which it can be enforced by courts.

Framis, Andrea Giménez-Salinas, ‘Social and Criminal Impact of COVID-19 in Spain’ in Dina Siegel, Aleksandras Dobryninas and Stefano Becucci (eds), Covid-19, Society and Crime in Europe (Springer, 2022) 159–176
Abstract: The COVID-19 pandemic has radically changed the nature of social interaction and economic activity in all regions across the world. Lockdowns and extreme limitations have seriously affected all aspects of life, including crime-related issues. Spain was one of the first countries severely hit by the pandemic, resulting in a substantial expansion of cases and deaths in the first wave but less radical increases in the following waves. The policy response was led by the central government during the first wave, imposing one of the most severe lockdowns in Europe. That political response had a substantial impact on the dynamics and development of legal and illegal activities. In that sense, the aim of this paper is, first, to provide an overview of the evolution of the pandemic in Spain and the policies undertaken to adjust the response in accordance with the evolution; second, to offer a deep understanding of the unprecedented changes caused by political responses in the different criminal activities; and, finally, to discuss possible long-term effects of the collateral economic crisis that Spain is facing because of the pandemic.

Fuente, Oscar Pérez de la, ‘Accountability and COVID-19: The Spanish Perspective 1’ in Jędrzej Skrzypczak and Oscar Pérez de la Fuente (eds), Lessons for Implementing Human Rights from COVID-19 (Routledge, 2024)
Abstract: Accountability is a key element in understanding the exercise of political responsibility in democratic societies. Each political culture has its own conception of how this public servant accountability is to be specifically produced, sometimes limited to purely administrative issues, sometimes with an essentially political component. Free and pluralistic elections are one of the most common and effective mechanisms by which politicians are held accountable.

Gesley, Jenny, ‘Regulating Electronic Means to Fight the Spread of COVID-19’ (Law Library of Congress Legal Report, June 2020)
Note: This page includes a comparative summary, and links to the full report and a COVID-19 Contact Tracing Apps world map. Extract from Introduction: This report surveys the regulation of electronic means to fight the spread of COVID-19 in 23 jurisdictions around the globe: Argentina, Australia, Brazil, China, England, France, Iceland, India, Iran, Israel, Italy, Japan, Mexico, Norway, Portugal, the Russian Federation, South Africa, South Korea, Spain, Taiwan, Turkey, the United Arab Emirates, and the European Union (EU).

Gomez-Ligüerre, Carlos and Rosa Mila-Rafel, ‘Residential and Commercial Leases Amidst the Corona Crisis: The Spanish Case in Context’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: The Spanish emergency lawmaker has been prompted to take protective measures for tenants during the COVID-19 crisis. Such measures distinguish between residential and commercial leases. All of them are presented in the present contribution from a critical perspective. Commercial leases deserve special attention due to their economic relevance, and because of the intense debate among Spanish scholars on the applicability of the rebus sic stantibus doctrine, or any of its equivalents, to adapt the contract if commercial tenants are affected by the exceptional measures imposed by the Government to deal with the COVID-19 health crisis.

González, Sonia Ramos, ‘State Liability for Personal Injuries Caused by the COVID-19 Disease under Spanish Law’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: The fundamental question about causation that arises in relation to COVID-19 infections is whether the appearance of the virus (together with its high transmission capacity among the population and its lethality) amounts in effect to force majeure that breaks the causal relationship between the personal damages caused by COVID-19 and the Government’s action in managing the health crisis. This paper also addresses the issue whether, in a situation of extreme urgency, and given limited healthcare resources, a lower standard of care is expected of public health professionals than the one that would prevail under normal conditions. In addition, public administrations are likely to face claims based on tort law on the grounds that some patients were not properly attended to by medical services due to the limited health resources available, as well as the fact that some health professionals were bound to provide essential services, without being provided with the mandatory protective equipment to carry out such activity safely in accordance with the legislation.

Halladay, Carolyn, Florina C Matei and Andres de Castro, ‘Praise the Alarm: Spain’s Coronavirus Approach’ in Nadav Morag (ed), Impacts of the Covid-19 Pandemic (Wiley, 2022) 121–140
Abstract: There was dancing in the streets in Spain at midnight, as 9 May turned into 10 May 2021, and the state of emergency lapsed – in the official argot, a ‘state of alarm,’ under which the Spanish government had imposed nationwide Coronavirus restrictions. The first COVID-19 lockdown lasted 94 days. The second one went on for nearly seven months. This chapter examines the challenge and the response of Spanish law, government, and society to the unprecedented global pandemic in 2020–2021, especially in the aspect of the state of emergency as government in the extreme. Spain – as in: Spanish law and society – maintains a peculiar or perhaps peculiarly Spanish relationship to emergency laws, which, broadly speaking, prove troublesome in other democracies, particularly those with totalitarian or authoritarian legacies within a human memory.

Hueso, Lorenzo Cotino, ‘National Report on Spain’ in Arianna Vedaschi (ed), Governmental Policies to Fight Pandemic: The Boundaries of Legitimate Limitations on Fundamental Freedoms (Brill, 2024) 327–345
Abstract: Article 116 of the Spanish Constitution (EC) regulates the constitutional emergency mechanisms, the so-called states of alarm, exception and siege, developed by Organic Law 4/1981 of 1 June (LO 4/1981). Due to Spain’s dicta- torial past, these mechanisms had only been used on one occasion2 due to a wildcat strike by air traffic controllers in 2010. This led to two Constitutional Court (‘Tribunal Constitucional’, TC) rulings (STC) that became the only constitutional references on the subject before the pandemic. A state of alarm is declared by the Council of Ministers for a maximum period of 15 days; it only has to inform the Congress of Deputies. The authorisation of the Congress is obligatory (the Senate does not participate) in order for it to be valid for more than 15 days. According to Article 4 LO 4/1981, the alarm decree is foreseen for ‘(b) Health crises, such as epidemics and serious pollution situations’. The State Government may delegate to the President of the Autonomous Community (art. 6). With regard to fundamental rights, during a state of alarm, rights can be restricted but, and this is very important, rights cannot be ‘suspended’. Article 116 EC also regulates the state of emergency. A prior declaration by the Congress of Deputies is required. According to article 13. 1o LO 4/1981, a state of emergency may be declared for reasons of public order. Under a state of emergency it is possible to suspend some fundamental rights.

Inchausti, Fernando Gascón, ‘The impact of Covid-19 Pandemic on Spanish Civil Justice: Remote Hearings as a New Tool for the Effectiveness of the System’ in Katarzyna Gajda-Roszczynialska (ed), Impact of the COVID-19 Pandemic on Justice Systems: Reconstruction or Erosion of Justice Systems: Case Study and Suggested Solution (V&R Unipress, 2023) 199 [OPEN ACCESS E-BOOK]

Jerez, Carmen, María Kubica and Albert Ruda, ‘Force Majeure and Hardship in the Corona Crisis: Some Contract Law Reflections on ELI Principle No 13’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: The Principles for the Covid-19 Crisis, drafted by the European Law Institute in May 2020, provide a set of criteria that deserve an analysis within the framework of contract law. In particular, its Principle no. 13 lays down a rule on force majeure and hardship in light of which national contract laws may be re-examined. Consequently, an event considered to amount to force majeure will usually entail in the contract that the debtor at stake will be relieved of the duty to compensate for non-performance. Therefore, force majeure does not necessarily lead to the termination of the contract. The present paper, thus, analyses the new Principle no. 13 from the perspective of (mostly) Spanish contract law, the CISG and several soft law instruments.

Khanal, Anjita, Sara Franco-Correia and Maria-Pilar Mosteiro-Diaz, ‘Ethical Conflict among Critical Care Nurses during the COVID-19 Pandemic’ (2022) 29(4) Nursing Ethics 819–832
Abstract:
Background: Ethical conflict is a problem with negative consequences, which can compromise the quality and ethical standards of the nursing profession and it is a source of stress for health care practitioners, especially for nurses.
Objectives: The main aim of this study was to analyze Spanish critical care nurses’ level of exposure to ethical conflict and its association with sociodemographic, occupational, and COVID-19 related variables.
Findings: Data indicates a moderate level of exposure to ethical conflicts. The most frequent ethical conflicts were related to situations about ‘treatment and clinical procedures.’ The most intensity of ethical conflicts was related to situations about ‘treatment and clinical procedures’ and ‘dynamics of the service and working environment.’ No statistical significance was identified between the socio-demographic variables and level of exposure to ethical conflicts. However, for critical care nurses working in ICU, nurses with perceived worked stress had a higher level of exposure to ethical conflicts. Likewise, critical care nurses whose family/friends were infected with COVID-19 had a higher level of exposure.
Conclusions: Critical care nurses experience a moderate level of exposure to ethical conflicts which is consistent with the results of previous studies. A deeper understanding of ethical conflicts in conflictive situations allows recognition of the situations that occur in everyday clinical practice, identification of the ethical conflicts, and facilitation of the nurses working in the challenging clinical situation.

Lois Barrio, María Dolores et al, ‘Legal Geographies in the Making: Urban Inequality, Neighbourhood Networks and Pandemic Territorialities’ [2024] Geographical Research (advance article, published online 11 December 2024)
Abstract: In March of 2020, the Coronavirus Disease 2019 (COVID-19) escalated into a global health emergency. In Madrid, public institutions were overwhelmed by this crisis, and mutual aid networks were deployed in multiple neighbourhoods to assist thousands of families—approximately 15,000 households—with food and care in the absence of actions taken by the Madrid City Council. Drawing on a mixed methodology that combines discourse analysis and statistical data from social actors and multi-level institutions, this study aims to highlight the patterns of socio-spatial inequalities in Madrid in light of the urban impact of pandemic regulations and the role of public institutions in re-territorialising its already existing inequalities through legal zoning. In particular, this study examines the relationship between the territorial irruption of COVID-19-related collective action initiatives and the re-spatialisation of social inequalities in Madrid. In line with this objective, two additional questions are addressed. The study highlights the value of a legal geography theoretical framework in examining how law works as a political technology over territory and also shows how social organisations and networks have claimed legal regulations as bottom-up social change processes, challenging the dynamics in the political production of law. The aim of this work is twofold: on the one hand, we wonder to what extent the solidarity networks could be related to urban territorialities and the spatialisation of social inequalities in Madrid. On the other hand, we aim to show how a legal geography perspective could be useful in examining how law is used over territory as a political technology and as a surveillance tool and, conversely, how from social movements representing social networks in pandemic, many regulations are demanded and vindicated as bottom-up social change processes that mean a contention of former dynamics in the political production of law.

Luna, Álvaro and Pablo Salvador Coderch, ‘The Spanish Consumer Law in the COVID-19 Emergency’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: As a consequence of the Covid-19 emergency, the Spanish law on consumer contracts has been mainly modified by one legal provision, Section 36 of Royal Decree-Law 11/2020, of 31st March. Paragraphs 1, 2 and 3 of section 36 generally provide the possibility to adjust sales and services consumer contracts. If the parties to the contract do not reach an adjustment or adaptation agreement within 60 days, the consumer can terminate the contract. Nevertheless, both the adjustment and termination requests must clearly fulfill a standard of good faith and fair dealing.

Marti, Neus Vidal, ‘The Force of Law? Transparency of Scientific Advice in Times of Covid-19’ (2022) 4(3) Jus Cogens 237–262
Abstract: Freedom of Information Acts (FOIA) are valuable legal tools to access information held by public authorities but during the first wave of the Covid-19 pandemic time frames to reply to requests were de jure or de facto suspended in many countries. However, the lack of effective legal tools to achieve transparency was not automatically paired with governmental secrecy. This research paper analyses which are the factors that prompted some governments to move from secrecy to transparency while the essential legal tool to achieve disclosure of information was not available. It focuses on the role of ‘ecologies of transparency’, a concept developed by Seth Kreimer to describe how FOIA needs to be understood as functioning within a collection of factors and actors. Yet, can transparency ecologies still force disclosure of information when FOIA is suspended? Research focuses on a comparative case study about transparency of scientific committees advising governments on Covid-19 in the UK and in Spain. In both countries, members and minutes were initially secret, but the British government published information before being forced by FOIA, while the Spanish executive only released partial information when FOIA was reactivated. The paper argues that information disclosure processes can be understood as supply and demand models. On the demand side, it highlights the role of adversarial press, scientific community, whistle-blowers, the opposition and critics within the governing party as decisive factors within the transparency ecology. On the supply side, it focuses on legitimation needs from the government to explain different outcomes.

Martinez-Cuadros, Rosa, ‘Impact of COVID-19 on Religions in Spain: Sociological Reflections on Religious Freedom and Practices’ in Brian Conway et al (eds), Religion, Law, and COVID-19 in Europe: A Comparative Analysis (Helsinki University Press, 2024) 181–198 [OPEN ACCESS E-BOOK]
Abstract: On 14 March 2020, the Spanish government declared a ‘state of alarm’ through Royal Decree 463/2020 to manage the health crisis derived from COVID-19. This happened only three days after the World Health Organization rated the public health situation as a pandemic. From that point on, different actions taken by the Spanish authorities directly affected religious freedom and worship activities. This chapter analyses how the legal situation impacted religious communities during the evolution of the pandemic in Spain. Moreover, it offers sociological reflections on the role of religious communities in legal and health care decisions and the specificities of religion–state relations. The absence of close communication between religious communities and the government led to paradoxical situations that impacted religious freedom. However, religious institutions had an active role in following measures and collaborated with the health authorities. This chapter also explores the impact that COVID-19 had on religious observation and the new challenges posed in ways of ‘lived religion’. Among other things, the new situation raised awareness of issues such as the use of digital platforms and the participation of young people.

Muñoz Paredes, María Luisa, ‘Business Interruption Insurance and COVID-19: A Critical Analysis of the Jurisprudence and the Response of the Spanish Insurance Sector’ in Muñoz Paredes, María Luisa and Anna Tarasiuk (eds), Covid-19 and Insurance (Springer, 2023) 63-106
Abstract: The closure of commercial establishments decided by Spanish authorities on several occasions between 2020 and 2021 as a measure to prevent the spread of the COVID-19 virus resulted in a flood of claims to insurers for damages resulting from business interruption. In Spain, the insurance covering those losses is a guarantee within a multi-risk insurance that also covers material damage to the premises and the right to compensation for loss of profits only arises if there is prior material damage. As a result, the insurers refused to pay and ended up being sued in court. This chapter analyses: (i) the Spanish rulings that have been handed down in relation to these claims (a clear change of trend can be observed here); (ii) whether policyholders who have received government aid due to the temporary closure of their businesses should have their insurance compensation reduced (if they are entitled to receive it); (iii) the measures that insurers are introducing in their contracts and wordings to avoid being exposed to paying compensation for business interruptions resulting from pandemics in the future; and (iv) the position of the insurance companies’ association (UNESPA) and the Spanish government in relation to the future coverage of these damages.

Murcia, Joaquín García, Iván Rodríguez Cardo and Diego Álvarez Alonso, ‘Covid-19 and Labour Law Measures in Spain: Emergency Rules to Deal with a Health, Economic and Employment Crisis’ (2020) 13(1) Italian Labour Law e-Journal 141–160
Abstract: The COVID-19 pandemic has had a great impact in Spain. With the purpose of slowing down the spread of the virus and controlling the situation, the Government declared the state of alarm and imposed restrictions to people’s movement and social contact (including temporary confinement of the population at home). Most economic and working activities were temporarily paralysed, leaving apart those considered ‘essential services’ and other exceptions. With the aim of reducing the economic and social impact of such extraordinary circumstances, protecting workers and allowing to resume working activities after the crisis, the Government approved a package of urgent legislation, including a large list of measures in the area of Labour Law and Social Security: among others, promoting telework; facilitating the adaptation of working time to family care needs; favouring the temporary suspension of employment contracts or the reduction of working time due to force majeure or other grounds related to COVID-19, while dismissals were limited; establishing an extraordinary paid leave for workers of undertakings forced to stop their activity; finally, adapting and enhancing unemployment benefits and other forms of social protection. This paper provides a panoramic explanation on this legislation aiming to face the COVID-19 health, economic and employment crisis.

Orts, María Ángeles and Chelo Vargas-Sierra, ‘Warning, or Manipulating in Pandemic Times? A Critical and Contrastive Analysis of Official Discourse Through the English and Spanish News’ (2022) 35(3) International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 903–935
Abstract: Focusing on media discourse and adopting a Critical Discourse Analysis—linguistic and rhetorical—perspective, this paper explores the role of the media in influencing citizens’ behaviour towards the COVID-19 crisis. The paper evaluates the set of potentially persuasive lexical items and emotional implicatures used by two quality newspapers, i.e. The Guardian (UK edition) and El País (Spain edition), to report on the pandemic during the three waves—the periods between the onset and trough of virus contamination—that occurred until March 2021. A representative, ad-hoc, comparable corpus (COVIDWave_EN and COVIDWave_ES) was compiled in English and Spanish comprising the news on the pandemic that appeared in the aforementioned newspapers during the three established time periods. The corpora were uploaded to Sketch Engine, which was used to first detect and analyse different categories (nouns, verbs, and adjectives) of word frequency, and then assign negative or positive polarity. Lexical keyness was secondly analysed to categorize emotional implicatures of control, metaphors, signals of epistemic asymmetry and positive implicatures in order to discern how they become weapons of negative or positive persuasion. The ultimate end of the study was to critically analyse and contrast the lexicon and rhetoric used by these two newspapers during this time period so as to unveil the stance taken by governments and health institutions—voices of authority—to disseminate words of control and persuasion with the aim of exerting influence on the behaviour of citizens in UK and Spain.

Perera, Ángel Carrasco, ‘Bank Loans under Spanish State Guarantee in Times of Covid: Clawback of Payments Made to Financial Lenders after the Commencement of Insolvency Proceedings’ (2023) 38(11) Journal of International Banking Law & Regulation 421-425
Abstract: Three financial institutions granted separate loans to refinance unpaid debt owed by almost the same insolvent debtor. The new financing was guaranteed by the Spanish state, drawing to a line of credit exceptionally open in times of Covid-19. The financial lenders had old debts paid off with the new money. Upon subsequent insolvency proceedings of the debtor, a Companies Court has held that the payments made with the money from the new finance must be void, because the money received by the debtor and guaranteed by the state would have to have been distributed pari passu among the rest of the argues why this is so.

Rodrigo Lara, Belén, ‘Two Years Later: A Critical Analysis of the Impact of Spanish Law About COVID-19 on Religious Freedom’ (2022) 64(4) Journal of Church and State 683–701
Abstract: COVID-19 has tested the strength of legal systems and the management capacity of governments in exceptional situations. The outbreaks have proven challenging not only in terms of government foresight and legal development to deal with them—as well as for the fact that they are regulated in one way or another by the legal systems of the countries—but by the way in which they are implemented. From a legal perspective, this is a double challenge. On the one hand, the challenge is to analyze the way in which governments have behaved under the legal cover of an emergency situation, providing for measures that have, in the case of Spain, affected the distribution of powers between the public administration, the parliamentary control, and the transparency or degree of collaboration with other institutions or social agents, such as religious communities.2 On the other hand—and it is most relevant for the purpose of this essay—the challenge is also to determine how the government’s provisions, which result from the assumption of extraordinary powers under a state of emergency, have affected the exercise of citizens’ fundamental rights, including religious freedom. Taking into account the assumption of such extraordinary powers, the question arises as to what extent the exercise of governmental powers in this situation has been proportionate, consistent, and respectful of the constitutional framework.

Roncati, Luca and Monica Roncati, ‘COVID-19 “Green Pass”: A Lesson on the Proportionality Principle from Galicia’ (2021) 28(5) European Journal of Health Law 525–532
Abstract: Coronavirus Disease 2019 (COVID-19) is the most dramatic pandemic of the new millennium, and extraordinary measures concerning with health, law and policy are required around the world. One of these is without doubts the ‘green pass’, officially known in the European Union (EU) as EU Digital COVID Certificate (EUDCC). Initially conceived as a tool for overcoming the lockdown restrictions, it has unexpectedly turned into a means of discrimination between pass holders and non-holders, thus increasing social tension at the expense of solidarity and brotherhood. Here, we analyze in depth the dark sides of the ‘green pass’ in the light of the European and international legislation and of the ongoing pandemic scenario.

Rubí-Puig, Antoni, ‘Coronavirus’ Impact on Broadcasting Rights for the Spanish Professional Football League’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: The spread of SARS-CoV-2 and the measures adopted by public authorities to prevent health risks posed by COVID-19 led organizers of sport events worldwide to cancel all ongoing competitions. The Spanish Professional Football League or ‘La Liga’ was suspended for almost three months, and pending matches for the 2019-2020 season have now resumed with a new and tight calendar. Such unexpected changes in the championship have undoubtedly diminished the value of La Liga broadcasting rights and have generated losses to their national and international holders. This contribution discusses the application of Spanish contract law to identify any possible claims that broadcasters could have to seek some relief. On close inspection, it is unlikely that broadcasters could enjoy any remedies to claim damages, to terminate their payment obligations or to adjust their contracts with La Liga’s organizer. However, due to the particularities of the football broadcasting market, voluntary renegotiation of contracts is expected to occur.

Sanders, Anne, ‘Video-Hearings in Europe before, during and after the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges.

Solanes Mullor, Joan, ‘Protecting Political Rights During the COVID-19 Pandemic: The Emergence of Strict Scrutiny in Spain’ in Kostas Chrysogonos and Anna Tsiftsoglou (eds), Democracy after Covid: Challenges in Europe and Beyond (Springer, 2022) 161–174
Abstract: The states of alarm declared in Spain to address the COVID-19 pandemic have restricted multiple fundamental rights. While such restrictive states of alarm are not new in our constitutional history since 1978, the scale of the restrictions and the nature of rights affected is unprecedented, as some of them, especially political rights, have never been the focus of the previous states of alarms declared in the country. This chapter explores how the state of alarm relates to the limitation of the right to political participation and to the Spanish judicial response in light of the challenge posed by the pandemic. It examines the legal basis for the restrictions on political rights under the state of alarm, the decisions taken by Spanish public authorities limiting those rights during the pandemic and the judicial response to the measures. Surprisingly, the customary deference of the courts during emergencies has vanished. The Spanish judiciary has actively protected political rights and deployed a model of judicial review that formally and substantially stresses the protection of political rights even in times of crisis.

Tirado, Ignacio, ‘Corporate Restructuring Laws Under Stress: The Case of Spain’ (2023) 24(2) European Business Organization Law Review 317–336
Abstract: The COVID-19 crisis caused an unprecedented global disruption of economic activity, which was especially intense in Spain due to the nature of its economy. Many legal and institutional reforms were adopted, and extraordinary economic measures implemented. As interim reforms are lifted and economic incentives wear off, Spain will need to grapple with the economic damage caused by the pandemic. Arguably, the reform of the insolvency system recently approved, which precedes and is independent of the measures enacted to stave off risks caused by the pandemic, provides an enhanced and improved framework to deal with business insolvency. Spain now counts on a state-of-the-art hybrid restructuring system and a modern regulation to deal with the financial and economic distress of micro enterprises. However, the special legislation approved during COVID, and the side effects of the economic measures came with a cost and are already interfering with the day-to-day application of the new insolvency system, especially concerning public claims and public guarantees. Further, the Spanish legal framework has still some shortcomings which might prove a real hindrance to resuming access to credit at adequate levels.

Utrilla, Dolores, Manuel Antonio García-Muñoz and Teresa Pareja Sánchez, ‘Spain: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2024)
Abstract: By 31 December 2022, Spain had reported 13.68 million confirmed Covid-19 cases (287,734.47 cases per million people) and 118,497 confirmed Covid-19 deaths (2,491.60 deaths per million people). Following the first reports of the virus in early March 2020, there have been five major waves, comprising approximately the periods of (i) March–April 2020; (ii) October–November 2020; (iii) January–February 2021; (iv) April–May 2021; and (v) July–August 2021. The first wave and, to a lesser extent, the second and the third waves, were characterised by a high percentage of serious cases and deaths, and they were marked by the imposition of far-reaching restrictive measures under two subsequent nationwide states of alarm (March–June 2020 and October 2020–May 2021). From Spring 2021 onwards, the number of new infections and the seriousness of their consequences considerably dropped as a consequence of the growing share of vaccinated people, which by 31 December 2022 remains one of the highest percentages of population vaccinated worldwide (with 85.6 per cent of the population having completed the initial vaccination protocol against Covid-19). After May 2021, public health restrictions were considerably eased and the focus of public action was increasingly shifted to social and economic recovery from the crisis. On 4 July 2023, the Spanish Government officially declared the end of the Covid-19 health crisis.

Vaquer, Antoni, ‘Prescription and Lapse of Rights under the Spanish State of Emergency’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: This paper discusses the regulation contained in the Royal Decree establishing the state of emergency in Spain on suspension of the running of the periods of prescription in a private law system that does not have a general rule on suspension. Since the Spanish legislator has suspended the running of the periods for all citizens and claims as long as the emergency state has been in force, it is questionable whether this solution is efficient in terms of protection of people that, because of illness caused by COVID, are unable to pursue a claim once the emergency state has come to an end. Moreover, the Spanish Civil Code still distinguishes usucapio inter presentes and usucapio inter absentes, the latter requiring a longer period, but the Royal Decree does not contain any rule on acquisitive prescription.

Zetzsche, Dirk A et al, ‘The COVID-19-Crisis and Company Law: Towards Virtual Shareholder Meetings’ (University of Luxembourg Faculty of Law, Economics & Finance No WPS 2020-007, 15 April 2020)
Abstract: Legislation responding to COVID-19 allows us to examine how, and to what effect, the corporate governance framework can be amended in times of crisis. Almost all leading industrialized nations have already enacted crisis legislation in the field of company law. Here, given the difficulties or indeed the impossibility of conducting in-person meetings currently, the overall trajectory of company law reforms has been to allow for digitalization.We note five fields in which legislators have been particularly active. First, the extension of filing periods for annual and quarterly reports to reflect the practical difficulties regarding the collection of numbers and the auditing of financial statements. Second, company law requires shareholders to take decisions in meetings – and these meetings were for the most part in-person gatherings. However, since the gathering of individuals in one location is now at odds with the measures being implemented to contain the virus, legislators have generally allowed for virtualonly meetings, online-only proxy voting and voting-by-mail, and granted relief to various formalities aimed at protecting shareholders (including fixed meeting and notice periods). Third, provisions requiring physical attendance of board members, including provisions on signing corporate documents, have been temporarily lifted for board matters. Fourth, parliaments have enacted changes to allow for more flexible and speedy capital measures, including the disbursement of dividends and the recapitalization of firms, having accepted that the crisis impairs a company’s equity. Fifth and finally, some countries have implemented temporary changes to insolvency law to delay companies’ petitioning for insolvency as a result of the liquidity shock prompted by the imposition of overnight lockdowns.This working paper seeks to (1) document the respective crisis legislation; (2) assist countries looking for solutions to respond rapidly and efficiently to the crisis; (3) exchange experiences of crisis measures; and (4) spur academic discussion on the extent to which the crisis legislation can function as a blueprint for general corporate governance reform. Countries considered in full or in part include Australia, Austria, Belgium, Canada, China, France, Germany, Hong Kong, India, Italy, Luxembourg, the Netherlands, Norway, Portugal, Singapore, South Korea, Spain, Switzerland, Thailand, the United Kingdom, and the United States. Readers are encouraged to highlight any inaccuracies on the part of the authors in their presentation of the respective laws, and to bring further crisis-related legislation not considered in this working draft to the attention of the authors. Moreover, readers are invited to indicate where there is room for improvement therein, and/or to signal the need for policy reform.

Sweden

Adami, Rebecca and Katy Dineen, ‘Discourses of Childism: How COVID-19 Has Unveiled Prejudice, Discrimination and Social Injustice against Children in the Everyday’ (2021) 29(2) International Journal of Children’s Rights 353–370
Abstract: Do children suffer from discriminatory structures in society and how can issues of social injustice against children be conceptualised and studied? The conceptual frame of childism is examined through everyday expressions in the aftermath of policies affecting children in Sweden, the UK and Ireland to develop knowledge of age-based and intersectional discrimination against children. While experiences in Sweden seem to indicate that young children rarely suffer severe symptoms from COVID-19, or constitute a driving force in spreading the virus, policy decisions in the UK and Ireland to close down schools have had detrimental effects on children in terms of child hunger and violence against children. Policy decisions that have prioritised adults at the cost of children have unveiled a structural injustice against children, which is mirrored by individual examples of everyday societal prejudice.

Barkane, Irena et al, ‘The Legal Implications of COVID-19 Vaccination Certificates: Implementation Experiences from Nordic and Baltic Region’ in New Legal Reality: Challenges and Perspectives. II (University of Latvia Press, 2022) 209–223
Abstract: EU Digital green certificates were initially envisaged as a joint EU initiative to facilitate free movement during the pandemic. However, many countries rapidly extended their use in different contexts at the national level, raising serious ethical and legal concerns and questions, in particular, on how to strike a right balance between the interests of the individual and the interests of society. The paper aims to explore the legal implications of using vaccination certificates at the national level, in particular by exploring and comparing practices in selected Nordic and Baltic countries. The article emphasises that, despite COVID-19 crises, the governments should protect fundamental rights and values and when deciding on new restrictions carefully assess their necessity and proportionality. National responses call for a new regulatory framework to ensure responsible use of digital technologies in public interests.

Cameron, Iain and Anna Jonsson Cornell, ‘Dealing with COVID-19 in Sweden: Choosing a Different Path’ in Joelle Grogan and Alice Donald (eds), Routledge Handbook of Law and the COVID-19 Pandemic (Routledge, 2022) 237
Abstract: In dealing with the COVID-19 pandemic, Sweden for several reasons stands out in a European context. In general, most but not all measures have been soft in character in the sense that they do not impose legal obligations, and Sweden did not impose a total lockdown. The main idea behind this policy was that measures needed to instil voluntary adherence instead of being legally enforced, in order to be sustainable. It is clear that the responsible Swedish administrative agency (Folkhälsomyndigheten) from the beginning adopted a long-term strategy, based on science and experiences from other pandemics. The main criticism of the Swedish approach can be summarised as the timing of measures taken (described by some as a lack of understanding of the initial urgency), the decentralised health care and crisis management system, and the lack of resources to test and conduct contact tracing in the initial phase of the pandemic. This chapter analyses and explains the Swedish approach from a constitutional law perspective.

Cameron, Iain and Anna Jonsson Cornell, ‘Sweden and Covid-19: A (Mainly) Recommendary Approach’ in Nadav Morag (ed), Impacts of the Covid-19 Pandemic (Wiley, 2022) 301–321
Abstract: This chapter analyzes the Swedish legal frameworks and policy approaches which were taken in order to counter the Covid-19 pandemic in Sweden. It examines, inter alia the social distancing measures that were introduced, testing, contact tracing as well as the Swedish legislators’ and Swedish authorities’ efforts to balance civil liberties with effective public health measures. The chapter explains why this is so, and the impact that the constitution and the existing legal framework for dealing with pandemics has had on policy choices in Sweden. The first thing as regards the Swedish constitutional context is that there is no provision in the Swedish constitution for the declaration of a state of emergency in peacetime, only in war or where there is an imminent danger of war. The fact that the Swedish constitution is silent on peace time crisis means that the ordinary legislative procedure as a main rule applies also during a crisis.

Cartier, Emmanuel and Patricia Jonason, ‘The Articulation Between Soft Law and Hard Law in the Legal Management of Covid-19 in France and Sweden: Two Asymmetrical Strategies Revealing a Specific “Administrative Citizenship”’ (Working Paper, Södertörn University, Stockholm No 2024:1, 2024)
Abstract: The legal strategies employed by France and Sweden to combat the Covid-19 pandemic differed significantly. Indeed, the articulation of hard law and soft law instruments varied, particularly due to differences in the trust placed by the state in its citizens. Meanwhile, both countries faced the same necessity of implementing efficient and effective standards designed to combat the pandemic. However, the fluctuating context in which these norms were established, along with the difficulty for the intended recipients to distinguish between what was mandatory and what was merely advisory, significantly contributed to the lack of legibility in health regulations in both countries.

Dahlström, Carl and Johannes Lindvall, ‘Sweden’s Responses to COVID-19’ in M Jae Moon and Dong-Young Kim (eds), Policy Responses to the COVID-19 Pandemic (Routledge, 2024)
Abstract: In this chapter, Dahlström and Lindvall examine Sweden’s public health policies in the 12-month period between January 2020, when Swedish authorities took the first steps to prepare the country for the new epidemic, and December 2020, when Sweden found itself in the middle of the epidemic’s second wave and new, more restrictive policies were being prepared and enacted. The chapter aims to uncover why Sweden adopted public health policies that were markedly different from those of most other Western European states. It begins with a brief overview of the spread of COVID-19 within Sweden. It then describes the public health policies Sweden put in place during the COVID-19 crisis in 2020 before turning to an analysis of the social and political factors that explain Sweden’s distinctive approach to public health policy during the pandemic. Dahlström and Lindvall reject a few common interpretations of Sweden’s distinctive policies. Their analysis emphasizes continuity, not change, and suggests that long-standing views within the public-health community were allowed to prevail due to the autonomy Swedish civil servants typically enjoy as long as they act within their remits.

Delaney, Kishaya and Amy Maguire, ‘Implementing the Sustainable Development Goals Post-COVID-19: A Study of Australia and Sweden’ (2022) 47(3) Alternative Law Journal 168–172
Abstract: The United Nations 2030 Agenda for Sustainable Development offers countries an opportunity to align domestic law and policy through its framework of international Sustainable Development Goals (SDGs), in an effort to transform the global community. The success of the SDGs rests on their domestic implementation, which can be judged by measurement against targets. This article demonstrates the variable effects of mixed domestic approaches to implementation, through a comparison between Australia and Sweden. Noting the impact of the COVID-19 pandemic and accompanying renewed importance of the SDGs, this article asserts that an integrated multilateral approach to implementing the SDGs (such as Sweden’s) and stronger domestic implementation will be key to recovering the losses sustained during the pandemic and meeting the goals outlined in the 2030 Agenda (in Australia and in other countries).

Erkkilä, Tero, Juho Mölsä and Ella Vähäniitty, ‘Nordic Legal Overseers and Institutional Openness in Crises: Challenges and Adaptation during the COVID-19 Pandemic’ [2024] Scandinavian Political Studies (advance article, published online 3 November 2024)
Abstract: We analyze challenges and adaptation strategies of Nordic legal overseers, the Parliamentary Ombudsmen and Chancellors of Justice in Denmark, Finland, Norway and Sweden, amid the COVID-19 crisis. We study how the accountability capacities of the legal overseers were affected when standard practices of inclusive decision-making were severed, and how they adapted to these challenges. Furthermore, we seek to understand what explains observed variation in the degree of challenges and needed adaptation measures. The observed challenges include increased and sometimes politicized caseload, limited expertise in medical field and conflicting or underdefined mandates among the institutions. The challenges and adaptation were conditioned by institutional traditions and ad-hoc arrangements in crisis management. In Finland and Sweden, the legal overseers became prominent sites for legal and public accountabilities of crisis governance and experienced more acute organizational challenges from increased and politicized caseloads as actors were seeking alternative accountability forums when participation and openness were severed. In Norway and Denmark, where other institutions were prominent in overseeing crisis governance and its legality, the legal overseers had a more pressing need to adapt for an evolving organizational landscape with new ad-hoc arrangements to oversee crisis management. Contributing to institutional approach on accountability and ombudsman research, we find a dynamic relationship between the government openness and legal oversight where the constraints for openness in crisis governance led to various challenges for the legal overseers’ accountability capacities but to which they adapted by promoting openness as a right as well as an enabling mechanism for other accountability institutions.

Haug, Are Vegard (ed), Crisis Management, Governance and COVID-19: Pandemic Policy and Local Government in the Nordic Countries (Edward Elgar, 2024) [OPEN ACCESS E-BOOK]
Book summary: This topical book presents a bottom-up perspective on the crisis management, policies, organisation and functioning of democracy across five Nordic countries during the COVID-19 pandemic. Based on a four-year comparative study of Denmark, Finland, Iceland, Norway and Sweden, it considers the divergent local and regional management strategies employed as the crisis unfolded. Chapters consider how the pandemic jeopardised the Nordic countries’ high levels of decentralisation and citizen trust in government institutions, and the devolution of functions to local government. They explore the severe and restrictive measures employed to control the spread of the virus, and whether these evolving regimes respected civil rights and the principles of subsidiarity and proportionality. Brought together under the overarching perspective of institutional polycentrism, the book draws on a variety of theoretical strands, including theories of multi-level governance, crisis management, and organisational dependency. With empirical data, population and leader surveys and country case-studies, it presents the experiences of Nordic citizens and examines whether their trust in government was sustained or eroded.

Häyry, Matti, ‘The COVID-19 Pandemic: Healthcare Crisis Leadership as Ethics Communication’ (2021) 30(1) Cambridge Quarterly of Healthcare Ethics 42–50
Abstract: Governmental reactions to crises like the COVID-19 pandemic can be seen as ethics communication. Governments can contain the disease and thereby mitigate the detrimental public health impact; allow the virus to spread to reach herd immunity; test, track, isolate, and treat; and suppress the disease regionally. An observation of Sweden and Finland showed a difference in feasible ways to communicate the chosen policy to the citizenry. Sweden assumed the herd immunity strategy and backed it up with health utilitarian arguments. This was easy to communicate to the Swedish people, who appreciated the voluntary restrictions approach and trusted their decision makers. Finland chose the contain and mitigate strategy and was towards the end of the observation period apparently hesitating between suppression and the test, track, isolate, and treat approach. Both are difficult to communicate to the general public accurately, truthfully, and acceptably. Apart from health utilitarian argumentation, something like the republican political philosophy or selective truth telling are needed. The application of republicanism to the issue, however, is problematic, and hiding the truth seems to go against the basic tenets of liberal democracy.

Jonung, Lars, ‘Sweden’s Constitution Decides Its COVID-19 Exceptionalism’ (SSRN Scholarly Paper No ID 3796848, 10 June 2020)
Abstract: The Swedish policy response to covid-19 stands out as exceptional in international comparisons. The approach adopted is fundamentally determined by the Swedish constitution. Three articles of the constitution are central for this explanation. The first one guarantees the freedom of movement for Swedish citizens, thus ruling out the use of nation-wide lockdowns as an instrument in peacetime. The second one establishes independence for public agencies, allowing them to design and administer the policy response to the pandemic with a minimal interference by the central government. The third one reserves exceptional powers to local government, making a central response to the pandemic difficult to implement. In addition, the Swedish approach is fostered by strong trust by the public in the government, in public authorities and in the workings of the political system.

Lind, Yvette, ‘Sweden and Denmark Incorporate Anti-Tax-Avoidance Rules into Very Different COVID-19 Responses’ (2020) 98(10) Tax Notes International 1127–1133
Abstract: After initially focusing on the medical aspects of the coronavirus, many jurisdictions have begun instituting economic measures to mitigate the economic consequences of the pandemic and prepare for the financial crisis that will unavoidably follow in its wake. Because these solutions are still in their infancy, states have generally focused on short-term solutions such as offering various financial support packages to both individuals and companies for 2020 and 2021. This paper concerns EU state aid packages implemented in Sweden and Denmark. Despite being closely connected in both geography and law, with their legal systems sharing many important characteristics, the two member states have taken different approaches to the pandemic. Denmark was among the first states to close both its borders and its society, with the government implementing far-reaching protocols on social distancing. Meanwhile, Sweden left its borders and society open and relied on its citizens’ common sense to limit transmission of the coronavirus. This explains why Denmark had to enact various state aid measures relatively early while Sweden is still processing its economic response. Denmark has also instituted state aid measures that are more generous and far-reaching than those that have been proposed by the Swedish government (at least thus far). However, despite the differences between the two states, both have decided to implement anti-tax-evasion agendas.The two states have reacted differently in terms of economic support measures, in part because of the conflicting approaches to social distancing. The paper focuses on these differing approaches to state aid, particularly measures that the governments provide through the tax system. The highly debated Danish decision to exclude tax-evading companies from COVID-19 aid — a move that Sweden and several other states followed — is given particular attention. The paper concludes that both states must take steps to more clearly delineate their rules excluding tax-evading companies from COVID-19 aid to ensure that these provisions remain applicable and adhere to the principle of legal certainty.

Lindberg, Annika et al, ‘Governing Through Ignorance: Swedish Authorities’ Treatment of Detained and Non-Deported Migrants during the COVID-19 Pandemic’ (2022) 30(3) Feminist Legal Studies 309–329
Abstract: Tensions between migration enforcement and migrants’ health and rights have gained renewed urgency during the COVID-19 pandemic. This article critically analyses how the pandemic has affected detained and deportable people in Sweden. Building on an activist methodological approach and collaboration, based on a survey conducted inside Swedish detention centres during the pandemic and the authors’ research and activist engagement with migrants who are detained or legally stranded in Sweden, we argue that migration authorities’ inadequate measures to protect detained and deportable people during the pandemic is a case of governance through ignorance enabled by structural racism. The article traces how this ignorance operates on a structural, institutional and micro-level, enabling public disregard and political irresponsibility for the harmful effects of migration enforcement. A broader aim of the article is to challenge the structural, societal and epistemic ignorance of the conditions for detained and deportable persons and to contribute to political change.

Lundgren, Linnea and Per Pettersson, ‘Impact of the COVID-19 Pandemic on Religion: The Case of Sweden’ in Brian Conway et al (eds), Religion, Law, and COVID-19 in Europe: A Comparative Analysis (Helsinki University Press, 2024) 355–372 [OPEN ACCESS E-BOOK]
Abstract: Sweden did not follow the same route that most other European countries embarked on in the handling of the COVID-19 pandemic. When other countries closed as a response to the spread of the virus, Sweden decided not to impose a full lockdown. Rather, Sweden kept a large part of society open, such as keeping schools for children and bars and restaurants open, albeit with some restrictions. The focus was on information, relying on each individual to reduce the spread of the infection by following two clear recommendations: maintaining individual hand hygiene and physical distance between people. Public gatherings were regulated in terms of the number of participants, but never banned. Although the Swedish government followed a more liberal route in the handling of the pandemic, the recommended restrictions had a considerable effect on religious life. The aim of this chapter is to understand the background of Sweden’s different way of handling the COVID-19 pandemic and what impact it had on faith communities in Sweden, from both legal and sociological perspectives.

Mattsson, Titti et al, ‘Sweden: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2024)
Abstract: Sweden’s constitutional order does not allow for the declaration of a state of emergency. Public health emergencies in various areas are therefore regulated entirely by ordinary law, which allocates responsibilities. No state of emergency or state of exception, whether local or national, has been declared in Sweden, as the country’s constitutional order does not allow for the declaration of either in the case of civil emergencies. Fundamental civil rights and freedoms can only be suspended in the case of war (or risk of war). Public health emergencies are therefore regulated entirely by ordinary law.

Nordberg, Ana and Titti Mattsson, ‘COVID-19 Pandemic in Sweden: Measures, Policy Approach and Legal and Ethical Debates’ (SSRN Scholarly Paper No ID 3609803, Social Science Research Network, 15 May 2020)
Abstract: In this article we analyse the legal approach and measures implemented by Sweden’s public authorities as a response to the COVID-19 pandemic and their legal background. Further, we discuss general legal and ethical questions related to measures to contain public health threats such as the current COVID-19 pandemic. It is outside of the scope of this paper to compare and critically analyse the effectiveness of Sweden’s public health strategy.

Pierre, Jon, ‘Nudges against Pandemics: Sweden’s COVID-19 Containment Strategy in Perspective’ (2020) 39(3) Policy and Society 478–493
Abstract: Sweden’s strategy to contain the COVID-19 pandemic stands out internationally as more liberal in terms of not ordering a complete lockdown of society. Sweden kept its primary schools, daycare centers and industries largely open. The government financially supported furloughed workers and increased its support to regional and local governments delivering healthcare and elderly care. However, the death toll in Sweden which passed 4000 by late May 2020 stands in stark contrast to those of other, comparable countries, raising questions about the design of the strategy, and its appropriateness. The paper argues that key assumptions sustaining the strategy, for instance that symptom-free people do not carry, and cannot transmit the Coronavirus, or that local and regional government staff had the necessary training and equipment to tackle the pandemic, along with problems associated with coordinating a decentralized healthcare system, may explain the poor performance of the Swedish containment strategy.

Sanders, Anne, ‘Video-Hearings in Europe before, during and after the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges.

Stock, Melissa, ‘Facial Recognition and Detection Technology: Developments and Challenges’ (2020) 25(3) Computer and Telecommunications Law Review 161–166
Abstract: Highlights the privacy risks posed by facial recognition and detection technology, including the potential for fraud and other criminal misuse, and errors in detection, particularly among Asian or African ethnic groups and women. Explores legal challenges relating to the use of face recognition brought in the UK, Sweden, France, Belgium, and the US. Considers the role digital surveillance has played in tackling the coronavirus pandemic.

Wenander, Henrik, ‘Sweden: Non-Binding Rules Against the Pandemic – Formalism, Pragmatism and Some Legal Realism’ [2021] European Journal of Risk Regulation (advance article, published 9 February 2021)
Abstract: The Swedish measures to fight the spread of COVID-19 differ from the strategies used in other comparable countries. In contrast to the lockdown approach that has been applied in many European countries, the Swedish strategy has been based to a substantial extent on individuals taking responsibility under non-binding recommendations. This contribution explores the Swedish strategy from a constitutional and administrative law perspective, highlighting the tension between the formalist system for delegation of norms under the Swedish Constitution and the pragmatic use of non-binding rules such as ‘General Recommendations’ adopted by the Public Health Agency. The article concludes that the official use of soft law instruments is confusing from a legal perspective, because non-binding rules do not offer the traditional formal mechanisms for legal protection, publication of norms, or accountability. The legal-realist approach of the Supreme Administrative Court’s case-law, however, has the potential of balancing some of the unfortunate effects arising from the Swedish combination of formalism and pragmatism.

Winblad, Ulrika, Anna-Karin Swenning and Douglas Spangler, ‘Soft Law and Individual Responsibility: A Review of the Swedish Policy Response to COVID-19’ [2021] Health Economics, Policy and Law (advance article, published 10 August 2021)
Abstract: Sweden’s coronavirus disease 2019 (COVID-19) response, initially based largely on voluntary measures, has evoked strong reactions nationally and internationally. In this study, we describe Sweden’s national policy response with regard to the general public, the community and the health care system, with a focus on how the response changed from March 2020 to June 2021. A number of factors contributed to Sweden’s choice of policy response, including its existing legal framework, independent expert agencies and its decentralized, multi-level health care governance system. Challenges to the health- and elder care system during the pandemic, such as the need to increase intensive care- and testing capacity, and to ensure the safety of the elderly were addressed largely at the regional and local levels, with national authorities assuming a primarily coordinative role. Although the overall response based on voluntary compliance has persisted, the national government started to take a more prominent role in public messaging, and in enacting legally binding restrictions during subsequent waves of the pandemic. This study illustrates that not only policy responses, but also the fundamental structure of the health- and elder care system and its governance should be considered when evaluating the impact of the COVID-19 pandemic.

Zamboni, Mauro, ‘The COVID-19 Crisis in Sweden: Political Constitutionalism Is Back!’ (SSRN Scholarly Paper No 4311970, 26 December 2022)
Abstract: As in every country around the world, the COVID-19 crisis had a rather strong impact on the constitutional discourse of Sweden. However, as this works attempts to show, the effect of the crisis, in contrast to other Western legal realities, was in the direction of turning back the clock, or at least halting the development achieved in recent decades. Since the 1990s Sweden has seen its constitutional discourse shift from the idea of political constitutionalism as its main attribute, moving closer to the features that typify legal constitutionalism. However, the social, political, and economic emergencies ignited by the COVID-19 pandemic brought back to the surface the deeper and traditional Swedish feature of political constitutionalism as the backbone of the constitutional discourse: a culture where the legal actors tend to be somewhat marginalized, relegated mainly to playing operational roles in relation to the decisions taken by the political actors.

Switzerland

Fink, Daniel et al, ‘Impact of the COVID-19 Pandemic on Crime in Switzerland in 2020: A First Assessment’ in Dina Siegel, Aleksandras Dobryninas and Stefano Becucci (eds), Covid-19, Society and Crime in Europe (Springer, 2022) 295–310
Abstract: This chapter discusses the impact of the COVID-19 pandemic on crime rates in Switzerland in 2020. It analyses the development of the pandemic in the country and the measures adopted to contain its spread. Brief attention is given to the evolution of partial lockdown measures for the population and their implementation in the institutions of the criminal justice system. Several criminal justice indicators are considered to capture the differential impact of these factors on homicides, violence in general, and domestic violence, as well as property crimes, burglary, and cybercrime. These indicators observed in 2020 are confronted with those of previous years. Overall, the first year of the pandemic seems to have had a low impact on traditional crime. Cybercrime may represent a notable exception, but this hypothesis cannot be empirically corroborated, since 2020 coincided with the launch of a dedicated cybercrime data collection in Switzerland.

Francetic, Igor, ‘Bad Law or Implementation Flaws? Lessons from the Implementation of the New Law on Epidemics during the Response to the First Wave of COVID-19 in Switzerland’ [2021] Health Policy nce article, published 15 August 2021)
Abstract: After the 2009-2010 H1N1 pandemic, Switzerland overhauled its 1970 law on epidemics. The reform aimed at improving early detection, surveillance, and preparedness for future outbreaks of infectious diseases. Notably, the law introduced stronger coordination between Federal and Cantonal authorities, better management tools and international cooperation. The new law entered into force in 2016 after a long legislative process. During the process, the law survived a referendum fuelled by concerns about vaccine safety and pharmaceutical industry interference. The law was first applied during the COVID-19 pandemic in early 2020. The epicentre of the outbreak in Europe was in Lombardy, a large Italian region adjacent to Switzerland and with strong economic ties with its southern region of Ticino. The first months of pandemic response highlighted two major weaknesses. Firstly, the mechanisms introduced by the new law did not ease the tension between Cantonal autonomy and central coordination of the pandemic response. Central and Cantonal authorities will need to put in place new rules and arrangements to avoid dangerous delayed responses to foreseeable problems related to the spread of infectious diseases. Secondly, relevant stakeholders excluded from the policymaking process (trade unions, firms, large industries) should be involved to allow the introduction of harsh restrictions when needed, both internally and in relation to cross-border workers.

Furrer, Andreas, Angelika Layr and Jerimias Wartmann, ‘COVID-19: Impossibility and Force Majeure under Swiss and Austrian Contract Laws’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: The COVID-19 pandemic and the enactment of legislation to slow the spread of the virus are affecting large parts of the economy, including contractual relationships. This paper examines the legal situation and possible remedies, according to Swiss and Austrian general contract law. Both jurisdictions allow for contractual force majeure clauses to allocate risks in connection with unforeseeable or changing circumstances. As there is no statutory definition of force majeure, the individual contracts need to be examined, and COVID-19-specific clauses for newly concluded contracts should be introduced. In the absence of a contractual agreement, the concepts of delay of performance or impossibility might be applicable for adaptation or termination of the contract. If the contractual equilibrium is severely disrupted by the changing circumstances, the doctrine of clausula rebus sic stantibus could apply.

Glanzmann, Lukas et al, ‘Masterclass in Swiss Efficiency: Spotlight on Switerland’s Government-Backed COVID-19 Loan Programme for SMEs’ (2020) 35(7) Butterworths Journal of International Banking & Financial Law 475–477
Abstract: Reviews key features of Switzerland’s government-backed bridge loans for small and medium-sized enterprises, introduced in response to the coronavirus pandemic. Discusses the types of loan available, the requirements for ‘COVID-light’ and ‘COVID-plus’ loans, the potential disadvantages of participation, including a ban on borrowers making loans themselves and the penalties for non-compliance. Considers the implications for cash-pooling schemes.

Holcroft-Emmess, Natasha, ‘Communauté Genevoise D’action Syndicale (CGAS) v Switzerland: Proportionate Limitation or (Non-Notified) Derogation? A Chamber Divided Over Covid-19 Pandemic Restrictions’ (SSRN Scholarly Paper No 4642544, 23 November 2023)
Abstract: During the Covid-19 pandemic, public gatherings were restricted in Switzerland. Those who participated in a prohibited event became liable to up to three-years’ imprisonment. A workers’ rights association (CGAS) alleged that it was unable to organise a lawful public demonstration during the period of restrictions and this entailed a violation of Article 11 ECHR (freedom of assembly). By a 4:3 majority, a chamber of the ECtHR concluded that the Swiss measures violated Art. 11 ECHR. The case – which narrowly divided the chamber and has since been referred to the Grand Chamber – raises a number of important questions. First, how should measures restricting rights during a pandemic or other emergencies be conceptualised: as limitations, purported derogation measures, or violations of human rights? The classification mattered in CGAS, because Switzerland had not notified the measures under the Convention’s derogation clause: Article 15 ECHR. Second, if (as the majority appears to have concluded) the measures were, in effect, non-notified derogation measures, what were the consequences of their not having been notified under Art. 15(3) ECHR? Did a violation of Art. 11 necessarily follow, or could there have been some other decision by the Court? This question has been left open in prior ECtHR case law. The CGAS case therefore sheds light on a vexed question about the status of Art. 15(3): the requirement to notify derogation measures.

Inozemtsev, Maxim I, ‘Legal Regulation of Crypto-Asset Markets in the EU in the Post-COVID Period’ in Vladimir S Osipov (ed), Post-COVID Economic Revival, Volume I: Sectors, Institutions, and Policy (Springer, 2021) 315–326
Abstract: This chapter examines the theoretical understanding and legal regulation of the European crypto-asset market in the post-COVID period, including compatibility of the proposed draft unified legal framework for the crypto-assets circulation with the legal order of the EU member states (Germany, Malta), as well as the competition between the EU legal order and the legislation of the advanced European countries (Switzerland, Liechtenstein) in the field of legalizing crypto-assets. The traced evolution of legal regulation in the field of crypto-assets circulation allows us to conclude that the EU institutions are working quite effectively and consistently to give a ‘pan-European response’ to the challenges of digitalization, but there are some difficulties in synchronizing the created European legal framework with the interests of the EU member states and their often more advanced regulation. The results of the study of the problems of regulating crypto-assets in the European Union contribute to the development of the Russian scientific doctrine in the field of crypto-assets circulation allowing us to adjust the digital assets and digital currencies legalization model in Russia, also laying the foundation for forming supranational legal foundations that will let crypto-assets circulate in the Eurasian Economic Union.

Jagmetti, Luca, ‘Covid-19 Measures in Switzerland: Considerations from a Practice Perspective’ (2023) 24(2) European Business Organization Law Review 277–285
Abstract: This paper offers some observations from a practitioner perspective on Swiss measures to support businesses during the Covid-19 pandemic, as a complement to the paper ‘Governmental measures in Switzerland against mass bankruptcies during the Covid-19 pandemic’ by Rodriguez and Ulli in this volume. A brief overview of the main fiscal and non-fiscal measures is followed by analysis of the reasons for non-use of a major non-fiscal measure (a new moratorium), and some suggestions as to the lessons that can be learned from this for the design of analogous relief policies in future crises.

Jentsch, Valentin, ‘The Law of Contracts in the Age of the Coronavirus Pandemic: Is the Statutory Risk Allocation Pursuant to the Swiss Code of Obligations Still Adequate?’ (EUI Department of Law Research Paper No 2020/09, 2020)
Abstract: Pacta sunt servanda – agreements must be kept. This general principle of civil law requires that both or all parties to commercial contracts are expected to meet their contractual obligations, at least as long as performance is still possible and circumstances do not change fundamentally, thereby ensuring the efficacy and the efficiency of our system of private ordering. In March 2020, however, the rapidly spreading coronavirus outbreak, which was eventually declared a pandemic by the World Health Organization, all of a sudden changed everyday life all over Europe from one day to another. Airlines were cancelling flights, companies were closed down, and consumers were rapidly changing their buying behavior. In addition, many European countries, including Switzerland, enacted emergency decrees, according to which national borders were closed, cities were sealed off, major events with more than a certain number of people were banned, and teaching in schools and universities was suspended, at least for some time. There is no need to say that this situation caused considerable difficulties for all participants in the economy, business enterprises and consumers alike. Against this backdrop, I elaborate on both the remedies for a breach of contract provided by the legislator as well as the adaption and the termination of contracts by a competent judge in order to address the question, whether the statutory risk allocation pursuant to the Swiss Code of Obligations is still adequate or not. A functional and doctrinal approach is used to unfold and analyze this timeless question from a contemporary perspective.

Kettiger, Daniel and Andreas Lienhard, ‘Swiss Courts Facing the Challenges of COVID-19’ (2021) 12(2) International Journal for Court Administration 1–9
Abstract: The COVID-19 pandemic took courts in Switzerland by surprise, just as it did most courts and other public institutions in Europe. This contribution summarises the situation as it has affected courts in Switzerland during the COVID-19 pandemic and tries to draw some initial conclusions. In Switzerland, there was a failure to include the justice system in the emergency/pandemic plans and in the organisation of the response to the crisis. In addition, the situation revealed that Switzerland is lagging behind other states on court technology, which led to difficulties in conducting court proceedings during the coronavirus crisis.

Meinherz, Franziska X and Livia Fritz, ‘“The Crisis Justified the Urgency, but Now We Have to Go Back to the Rule of Law”: Urban Mobility Governance during Covid-19’ (2023) Environmental Politics (advance article, published online 12 August 2023)
Abstract: During COVID-19, many cities built pop-up infrastructure for cyclists and pedestrians. We analyse the experiences of Geneva and Lyon through a qualitative approach based on document analysis and interviews with institutional and societal actors. We explore what contributed to the development of pop-up infrastructure during COVID-19, and how these interventions were shaped by and affected policy-making processes and actors’ agency. We found that COVID-19 accelerated social and political trends regarding urban mobility. In both cities, authorities used the crisis to push through existing plans. Authorities’ commitment and the existence of ready-to-implement plans proved crucial. The implementation processes constituted a breach from usual procedures. In Geneva, this empowered actors who usually act from the margins. In Lyon, authorities adopted pop-up infrastructure as a way to reduce costs. Our study clarifies the potential of experimentation in a context of crisis for urban climate governance and highlights the democratic implications of such interventions.

Rodriguez, Rodrigo and Jasmin Ulli, ‘Governmental Measures in Switzerland Against Mass Bankruptcies During the Covid-19 Pandemic’ (2023) 24(2) European Business Organization Law Review 267–276
Abstract: This article examines the impact of the Covid-19 pandemic on debt enforcement and insolvency law in Switzerland. Despite the absence of strict lockdown measures, many sectors of the Swiss economy suffered significant losses. The government responded by introducing generous public support schemes to keep businesses afloat. The article focuses on the modifications made to Swiss law during the pandemic to avoid mass bankruptcies and facilitate restructurings. The government first introduced a general stay of proceedings, preventing debt collection but not affecting the underlying obligation to pay, and later the Covid-19 Ordinance on Insolvency Law, which provided relief to companies, especially SMEs, to implement the necessary restructuring measures. Some unsuccessful initiatives, such as a special moratorium introduced for SMEs, are also discussed. Finally, the article considers the limited take-up of some of the insolvency measures and discusses the possible consequences of the obligation to repay Covid-19 loans in the future. Overall, it provides a comprehensive overview of the impact of the pandemic on debt enforcement and insolvency law in Switzerland and the measures taken to mitigate its effects.

Sanders, Anne, ‘Video-Hearings in Europe before, during and after the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges.

Tambou, Olivia and Alexia Pato, ‘COVID-19 Vaccination and Data Protection Issues: A European Comparative Study With Focuses on France, Germany, Belgium, and Switzerland’ (MPILux Research Paper No 2021(3), 4 March 2021)
Abstract: This report, which tackles data protection issues related to Covid-19 vaccinations, completes the study on vaccination policies carried out by the Max Planck Institute Luxembourg upon the request, and for the benefit of, the Ministry of Health of Luxembourg. The first part of this research project analyses the safeguard measures and guarantees put in place for the processing of data related to Covid-19 vaccinations in the EU. The general framework on data protection, i.e. the GDPR, is examined and relevant references to the law of the Council of Europe and the main recommendations at the European level are made. The purpose of this first part is to assess what EU Member States should do and what room for manoeuvre is left to those for the processing of data generated as a result of the Covid-19 vaccinations. The second part of the research project consists in a comparative analysis of the data protection laws in the area of public health in France, Belgium, Germany and Switzerland with specific references to Covid-19 vaccinations. The purpose of this second part is to understand and compare the approach taken in the selected States.

Ugwu, Ikechukwu P, ‘An Examination of Multinational Corporations’ Accountability in the Light of Switzerland’s Failed Responsible Business Initiative in the COVID-19 Pandemic Era’ (2021) 13 Adam Mickiewicz University Law Review 117–154
Abstract: This article examines the efforts made so far in holding multinational corporations (MNCs) liable for human rights and environmental violations in the light of Switzerland’s failed referendum in November 2020, during the peak of the COVID-19 pandemic. It also looks at other international law instruments that have the potential to hold MNCs accountable. While these other laws have failed to achieve the desired result of holding MNCs accountable, the referendum, if it had succeeded, would have triggered a binding vote on a constitutional amendment to introduce compulsory human rights due diligence for companies incorporated in Switzerland, the first of its kind in Europe. The consequence would have been that victims of Swiss MNCs’ violations would have had the right to bring claims in Switzerland against a defaulting Swiss MNC. Unfortunately, the referendum failed, and to some extent, the COVID-19 pandemic negatively affected the referendum outcome, because it was greatly politicised. It became a lost opportunity on what would have been ‘one small step for [Switzerland], one giant leap for the [international community]’.

Uhlmann, Felix, ‘COVID-19: Legal Lessons Learned in Switzerland’ in Nadav Morag (ed), Impacts of the Covid-19 Pandemic (Wiley, 2022) 41–57
Abstract: The COVID-19 pandemic hit many countries hard, and Switzerland is no exception. This chapter deals with how Switzerland reacted to the crisis. In particular, it discusses the restrictions to the daily life that were in place and assesses these restrictions from a legal standpoint. The chapter then discusses the contact tracing apps and vaccinations. The Epidemics Act has been in force since 1 January 2016. The Epidemics Act introduces a three-part model applicable to normal, particular, and extraordinary situations, respectively; terms that were of high importance during the current pandemic. The measures to fight the COVID-19 pandemic were flanked by a myriad of other ordinances of the Federal Council, many of them concerning financial aid, either in the form of money lent by private banks but fully guaranteed by the Confederation or lump sum payments.

Uhlmann, Felix and Eva Scheifele, ‘Legislative Response to Coronavirus (Switzerland)’ (2020) 8(1–2) The Theory and Practice of Legislation 115–130
Abstract: The Coronavirus is a stress test not only for society but also for the legal order. It is usually the government first to respond. Still, Parliaments play an important role in the time of crisis as well. This is especially the case the longer the pandemic lasts. The Swiss Federal Parliament has seized its operations early in the pandemic. It has reconvened in May for an extraordinary session. The main topic of this session was the approval of the government’s emergency measures. It was expected that the Parliament will also debate initiatives for emergency law from its members and that it will decide on its modus operandi. Also, the decision for an abortion of the session at the wake of the crisis was discussed. Proposals are to be expected to allow sessions by video conference. The paper will deal with the aforementioned questions from a legal perspective. It will analyse the nature of and the relationship between emergency law by the executive and the legislative branch. It focuses on the function of Parliament and its modus operandi in the moment of crisis. It will refer mostly to the Swiss Federal Parliament but will also, especially in comparison, take a look at cantonal law and practice. Some preliminary conclusions are offered at the end of the paper.

Uhlmann, Felix and Martin Wilhelm, ‘The Swiss Way – a Moderate Approach?’ in Arianna Vedaschi (ed), Governmental Policies to Fight Pandemic: The Boundaries of Legitimate Limitations on Fundamental Freedoms (Brill, 2024) 346–366
Abstract: Four major phases of the pandemic in Switzerland can be identified. The onset of the pandemic in Switzerland can be dated to 25 February 2020, when for the first time a person tested positive for SARS-CoV-2. From an epidemiological point of view, the first phase of the pandemic has been characterized by an exponential increase in new COVID-19 cases during March 2020 leading to a first peak in April 2020, a high estimated number of unknown cases, and a high hospitalization rate. In late spring and early summer, the number of new COVID-19 cases dropped to a very low level. From a legal point of view, the first phase of the pandemic was characterized by far-reaching restrictions placed on meetings and events as well as on access to stores, services, and public institutions (including schools). However, Switzerland never imposed a complete ‘lockdown’ or a general curfew. These primary measures against the COVID-19 pandemic had a statutory basis in the Epidemics Act (EpidA) and were predominantly not considered to be emergency law.

Zetzsche, Dirk A et al, ‘The COVID-19-Crisis and Company Law: Towards Virtual Shareholder Meetings’ (University of Luxembourg Faculty of Law, Economics & Finance No WPS 2020-007, 15 April 2020)
Abstract: Legislation responding to COVID-19 allows us to examine how, and to what effect, the corporate governance framework can be amended in times of crisis. Almost all leading industrialized nations have already enacted crisis legislation in the field of company law. Here, given the difficulties or indeed the impossibility of conducting in-person meetings currently, the overall trajectory of company law reforms has been to allow for digitalization.We note five fields in which legislators have been particularly active. First, the extension of filing periods for annual and quarterly reports to reflect the practical difficulties regarding the collection of numbers and the auditing of financial statements. Second, company law requires shareholders to take decisions in meetings – and these meetings were for the most part in-person gatherings. However, since the gathering of individuals in one location is now at odds with the measures being implemented to contain the virus, legislators have generally allowed for virtualonly meetings, online-only proxy voting and voting-by-mail, and granted relief to various formalities aimed at protecting shareholders (including fixed meeting and notice periods). Third, provisions requiring physical attendance of board members, including provisions on signing corporate documents, have been temporarily lifted for board matters. Fourth, parliaments have enacted changes to allow for more flexible and speedy capital measures, including the disbursement of dividends and the recapitalization of firms, having accepted that the crisis impairs a company’s equity. Fifth and finally, some countries have implemented temporary changes to insolvency law to delay companies’ petitioning for insolvency as a result of the liquidity shock prompted by the imposition of overnight lockdowns.This working paper seeks to (1) document the respective crisis legislation; (2) assist countries looking for solutions to respond rapidly and efficiently to the crisis; (3) exchange experiences of crisis measures; and (4) spur academic discussion on the extent to which the crisis legislation can function as a blueprint for general corporate governance reform. Countries considered in full or in part include Australia, Austria, Belgium, Canada, China, France, Germany, Hong Kong, India, Italy, Luxembourg, the Netherlands, Norway, Portugal, Singapore, South Korea, Spain, Switzerland, Thailand, the United Kingdom, and the United States. Readers are encouraged to highlight any inaccuracies on the part of the authors in their presentation of the respective laws, and to bring further crisis-related legislation not considered in this working draft to the attention of the authors. Moreover, readers are invited to indicate where there is room for improvement therein, and/or to signal the need for policy reform.

Tajikistan

Roudik, Peter et al, ‘Freedom of Expression during COVID-19’ (Law Library of Congress Legal Report, September 2020)
Abstract: This report, prepared by the research staff of the Law Library of Congress, surveys legal acts regulating mass media and their ability to distribute information freely during the Covid-19 pandemic. The report focuses on recently introduced amendments to national legislation aimed at establishing different control measures over the media outlets, internet resources, and journalists in 20 selected countries around the world where adoption of such laws has been identified, namely: Armenia, Azerbaijan, Bangladesh, Belarus, El Salvador, India, Kazakhstan, Kenya, Kyrgyzstan, Mauritius, Moldova, Nepal, Nicaragua, Pakistan, Russia, South Africa, Sri Lanka, Tajikistan, Ukraine, and Uzbekistan.

Turkey / Türkiye

Aslan, Volkan, ‘National Report on Turkey’ in Arianna Vedaschi (ed), Governmental Policies to Fight Pandemic: The Boundaries of Legitimate Limitations on Fundamental Freedoms (Brill, 2024) 567–585
Abstract: On the 11th of March 2020, Turkey announced its first confirmed case of COVID-19.1 Although the outbreak of dangerous diseases is listed among the valid reasons for declaring an official state of emergency in the Turkish Constitution (Art. 119), the Turkish Government did not choose this path and preferred using ordinary legal tools as a response to the pandemic. These tools were not based on a specific emergency framework.

Atalay, Selin, ‘“The Ones Who Die Are Lost and the Survivors Are What We Have”: Neoliberal Governmentality and the Governance of Covid-19 Risk in Social Media Posts in Turkey’ (2022) 24(3–4) Health, Risk & Society 127–148
Abstract: This study focuses on understanding and explaining the technologies that affect the governance of the risk of Covid-19 in Turkey. To assess how this risk is governed by individuals, the study focuses on discussions around this disease within a Turkish Facebook group. The aim is to understand how individuals conduct themselves and establish norms of conduct against the risk of illness that, in this case of an infectious disease, involves governing the self while managing others. The results show that the discourse created around the governance of infection risk is very much in line with notions of neoliberal governmentality, individual responsibility, citizens as consumers, and individuals as entrepreneurs. Governing the risk of Covid-19 is related to prevalent ways of prioritising or recognising economic explanations, and cost calculation and assessment of successful governance using quantifiable variables, such as the number of new cases and deaths. Concepts like herd immunity and natural selection are open to discussion. Individuals who believe that the government is primarily responsible for risk governance assert that they are paying taxes and advocate that, disciplinary measures should be taken by the government, whereas the opposing view states that individuals are responsible for the governance of Covid-19 risk. We interpret both these opposing views as illustrating neoliberal governmentality and representing contractual and familial state–citizen relationships.

Bakir, Caner, ‘The Turkish State’s Responses to Existential COVID-19 Crisis’ (2020) 39(3) Policy and Society 424–441
Abstract: This article focuses on how the Turkish state has been responding to limit the public health effects of COVID-19 pandemic to date. It aims to explain and understand the introduction, implementation and effect of health policy instrument mixes. It argues that although ‘presidentialisation’ of executive, and ‘presidential bureaucracy’ under presidential system of government are critical to introduce policies and implement their instrument mixes without delay or being vetoed or watered down which would otherwise occur in the parliamentary system of government, these features of impositional and exclusive policy style pose risks of policy design and implementation failures when the policy problems are poorly diagnosed, their policy solutions are wrong and/or complementary policy instrument mixes implemented ineffectively. However, a temporal, albeit temporary divergence from a dominant administrative tradition and policy style is most likely when a policy issue is esoteric (i.e. technical, scientific and expert-led) and framed as an existential crisis under high uncertainty that require scientific, expert-led, inclusive, early, quick and decisive responses to pressing policy problems.

Bezen, Serdar et al, ‘Football: Extension of Players’ Contracts in Turkey Due to the COVID-19 Pandemic’ (2020) 11(2) Sports Law and Taxation 46–48
Abstract: Discusses whether footballers in the Turkish league will be released from their contracts before the end of the season, and how the transfer window will be affected, now that the season has been extended because of the coronavirus pandemic.

Çalı, Başak and Emre Turkut, ‘Turkey: Pandemic Governance and Executive Aggrandisement’ in Joelle Grogan and Alice Donald (eds), Routledge Handbook of Law and the COVID-19 Pandemic (Routledge, 2022) 248
Abstract: The pandemic in the first year accentuated the on-going process of executive aggrandisement in Turkey under its new presidential system that came into full effect in 2018. Turkey’s wide-ranging response to the COVID-19 pandemic was based on centralised, top-down executive measures without a clear legal basis; differentiated in a potentially discriminatory way across age and risk groups as well as types of business and gatherings; and enforced with little or no legislative and judicial oversight. Another notable feature of the Turkish pandemic response was the legal harassment and criminalisation of those who criticised the measures taken and selective enforcement of restrictions. This chapter reviews these four key features of the first year of the pandemic in Turkey.

Can, Mehmet Berkay et al, ‘Impact of Pandemic Measures on Emergency Department Visits: A Comparative Analysis of Medico-Legal Cases Before and During COVID-19: Impact of Pandemic on Medico-Legal Cases’ (2025) 36(1) Gazi Medical Journal 38–44
Abstract: Proper analysis of the pandemic is vital to correctly managing future crises, predicting the problems encountered, reducing their effects, and taking precautions. In this study, we aimed to compare the cases presented to a tertiary care adult ED during the pandemic and the pre-pandemic periods to evaluate the effect of lockdowns and similar restrictive measures. Total admissions to the adult ED decreased by 42.8% during the pandemic compared to the pre-pandemic period. Although medico-legal cases also decreased, their proportion in all admissions increased by more than 50%. Leaving the hospital voluntarily reduced significantly. There was a significant decrease in the daily average number of legal cases in full-day lockdowns of the pandemic compared to all other periods. Medico-legal cases decreased on weekends when the lockdown was imposed more frequently. In the pandemic, traffic accidents increased due to motorcycle accidents. During the pandemic, the significant decrease in overall ED visits compared to the number of medico-legal cases and the decline in the behavior of leaving the hospital voluntarily indicate the high number of unnecessary green zone admissions in ordinary times. The change in living and consumption habits caused by the pandemic may also change the frequency and epidemiological distribution of forensic cases such as motorcycle accidents.

Das Gupta, Srabonty and Juan Francisco Escudero Espinosa, ‘Displacing the Displaced: The Response to the Protracted Precarious Situation of Syrian Refugees in Türkiye during the Covid-19 Pandemic’ (2025) 29(1) International Journal of Human Rights 188–211
Abstract: The Covid-19 crisis exposed deeply-rooted systemic problems for Syrians in Türkiye, especially continuous instability in accessing public health and social support services. By reviewing legal amendments and policies, this article examines the legal situation and the humanitarian challenges they encounter during the pandemic in Türkiye. Although the Turkish government provides free access and includes Covid-19 treatment within the emergency scope, the barriers impoverished the Syrian refugees accessing those services. This article does not address all aspects of the impact of Covid-19, thus emphasising how Turkish legal policies on refugee maintenance have constrained the life of Syrians in Türkiye. The study implies the multiple barriers, such as registration requirements and structural problems of the asylum policies restricting the Syrian refugee’s access to healthcare and State services in all aspects. The article concludes by demonstrating that the precarious legal status brings even more vulnerability at times of crisis for the Syrian refugees in Türkiye.

Gesley, Jenny, ‘Regulating Electronic Means to Fight the Spread of COVID-19’ (Law Library of Congress Legal Report, June 2020)
Note: This page includes a comparative summary, and links to the full report and a COVID-19 Contact Tracing Apps world map. Extract from Introduction: This report surveys the regulation of electronic means to fight the spread of COVID-19 in 23 jurisdictions around the globe: Argentina, Australia, Brazil, China, England, France, Iceland, India, Iran, Israel, Italy, Japan, Mexico, Norway, Portugal, the Russian Federation, South Africa, South Korea, Spain, Taiwan, Turkey, the United Arab Emirates, and the European Union (EU).

Göçoğlu, Volkan and Hayriye Şengün, ‘Initial Responses to COVID-19 Pandemic in Turkey: General, Financial, and Legal Measures’ in Nadia Mansour and Lorenzo M. Bujosa Vadell (eds), Finance, Law, and the Crisis of COVID-19: An Interdisciplinary Perspective (Springer, 2022) 157–171
Abstract: The COVID-19 pandemic started in Wuhan, China, and spread to almost all over the world in four months. As pandemic cases began to be detected and increased in countries, governments have started to pursue various policies such as closing the city and country borders, social distance practices, the prohibition of going out, and creating herd immunity. Especially with the closure measures implemented, the countries’ financial systems have been adversely affected, and many sectors have suffered losses. On the other hand, the provision of public services in countries has become more complex. Therefore, countries have taken several measures to maintain their public services without interruption. Legal services are one of the essential services affected by this situation. This study deals with the general, financial and legal measures that Turkey has adopted to combat against COVID-19 pandemic. As a result of the study, while the functional features that stand out in the measures are presented, some suggestions are made for a better crisis management.

Karadogan, Bedir Berkay and Yunus Emre Bas, ‘The Evaluation of the Concept of the Force Meajure in Labor Law with the Changes in Labor Law Legislation Due to COVID-19 in the Framework of COVID-19 Part 1’ (2021) 24 GSI Articletter 8–33
Abstract: Due to the coronavirus (‘Covid-19’) epidemic that emerged in the People’s Republic of China and affected the whole world, the concept of force majeure which is defined in Labor Law numbered 485, has occurred, and the concept of compelling reason was examined within the scope of the employment contract between the employee and the employer. The legal measures taken due to Covid-19, which has been declared as a pandemic by the World Health Organization, and this led to changes in Labor Law which will also be examined within the scope of this article.

Kasim, Ceren, ‘Lockdowns and Domestic Violence: The Impact of Remote Work Regulations on Women Workers in Türkiye During the COVID-19 Pandemic’ in Tindara Addabbo et al (ed), Work Beyond the Pandemic: Towards a Human-Centred Recovery (Springer Nature, 2023) (pre-print)
Abstract: The article delves into the profound effects of the COVID-19 pandemic on remote work in Türkiye, with a specific emphasis on the challenges faced by women in the workforce. It explores how the pandemic catalysed a significant surge in remote work arrangements in Türkiye and investigates the resulting shifts gender roles. The research primarily investigates the concerning issue of gender-based domestic violence against women working from their home offices. In doing so, it scrutinises the impact of the blurred lines between the private and public spheres, as well as the influence of anti-gender movements on the protection of women workers against gender-based domestic violence, especially in the context of Türkiye’s withdrawal from the Istanbul Convention—a leading human rights instrument addressing gender-based violence against women on the international stage. Additionally, the article delves into the legal regulations related to remote work and the safeguarding of women against violence in Türkiye. Ultimately, this research underscores the necessity for a human-centered recovery that takes into consideration the unique needs of women workers, particularly in terms of protection against domestic violence. In summary, this study raises two essential questions: How were women working remotely protected from domestic violence in Türkiye during the pandemic, and why?

Kasim, Ceren, ‘Remote Work and Domestic Violence Against Women’ (2022) 12 Russian Journal of Labour & Law_
_Abstract: After the outbreak of the pandemic, many companies in Turkey either started or continued to work remotely and many of them aim to make remote work permanent in the post-pandemic period. Remote work, once a luxury of high-skilled employees, is becoming more common across the entire labor market. As large numbers of workers were instructed to work remotely from home-offices during the pandemic, reported domestic violence cases against women increased. Women have been treated as collateral damage in the ongoing fight against the pandemic. Given the expectation that remote work will remain commonplace once the pan- demic is over, it is of great importance for the sake of women workers to provide sufficient protection against domestic violence. Turkish Remote Work Regulation is grounded in a mu- tual agreement between the employer and the employee, and it favors flexibility for employers over security for employees, it also overlooks the specific needs of women workers, including protection for domestic violence victims. Turkish National Act on the Protection of the Family and the Prevention of Violence against Women contains, promisingly, regulations regarding women workers, but it has not proved sufficient in providing the necessary protections. In order to meet the needs of women in an unequally organised work environment and for the realisation of not only de jure but also de facto equality between women and men in the world of work, new approaches are required.

Koca-Atabey, Müjde, ‘Disability and Old Age: The COVID-19 Pandemic in Turkey’ (2021) 36(5) Disability & Society 834–839
Abstract: The COVID-19 pandemic has had significant and long-term social implication for economics, education, and employment. This paper aims to analyse the current situation in Turkey from the perspective of disabled and older people. Specific precautions related to the virus were taken for this population. However the precautions were implemented in a disorganized manner and did not necessarily protect the whole group. In some cases the precautions might be detrimental by nature. It was concluded that the governments need to be flexible to support the citizens. This analysis could be beneficial to Turkey and other countries in the case of that disease or a different pandemic.

Koybasi, Serkan, Volkan Aslan and Betül Haliloğlu, ‘Turkey: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2024)
Abstract: The first known case of Covid-19 in Turkey was reported on 11 March 2020. According to the data shared by the Ministry of Health, the first death from Covid-19 occured on 17 March 2020. The death toll increased significantly on 19 April 2020, with a total of 127 people losing their lives due to Covid-19. The number of deaths started to decrease until the end of May 2020, and from there until the end of the August 2020, the death toll was stable. From the beginning of September 2020, the number of deaths related to Covid-19 started to increase, which generated the first wave of the Covid-19 pandemic in Turkey. According to the data shared by the World Health Organization, the death toll of the first wave of the pandemic reached its peak on 24 December 2020. Hospital occupancy was recorded at 50.8% on this date. Once the death toll reached its peak, a swift fall followed, resulting in a decrease in the number of deaths until the midst of March 2021. From that point on, the death toll began to rise, and the second wave of the pandemic began. The number of deaths peaked during this wave on 1 May 2021—373 people were announced to have lost their lives due to Covid-19. Hospital occupancy reached 57% and adult intensive care units were 71.6% full. Subsequently, the death toll once again started to fall steadily until the mid-June 2021. With the start of August 2021, the death toll began rising again, generating the third wave of the pandemic. As of the last infographic regarding the week between 2–8 October 2021, shared by the Ministry of Health, hospital occupancy is 53.7%, whereas adult intensive care unit occupancy is at 67.7%.

Oguz, Ozgur and Dalia Perkumienė, ‘The Effect of Pandemic on Labour Law’ [2021] (Challenges for Sustainable Bioeconomy and Climate Change) Proceedings of the International Scientific Conference “Rural Development” 391–395
Abstract: Due to the structure of labor law and developing technology and economic interests, flexible working models have become widespread. In many workplaces, the presence of workers in person is no longer compulsory. As a result of the Covid-19 epidemic that threatens our health these days, the need for flexible working models has increased and remote working methods have become mandatory in many areas. In this study, the regulations made with the remote working system and the Covid-19 epidemic were included, the obligations of the employer on occupational health and safety and the changes in the Remote Work Regulation were evaluated. Covid 19 has affected business and labour relations. Different opinions and different legal consequences are put forward regarding the effect of the suspension of the employment contract on the annual leave, severance pay, and notice pay, which are the rights of the worker depending on the length of service. The aim of the research is to identify the effect of virus on labour market. The main research methods: analysis of scientific literature sources; content analysis and other methods.

Özdemir Ertürk, Olgu, ‘The Judicial Reflections of the Termination Ban and Unpaid Leave as Interim Measures during Covid-19 Pandemic in Turkish Labour Law’ [2023] (2) Diritti Lavori Mercati / Rights Labor Markets 129–150
Abstract: In order to align with the ILO Termination on Employment Convention no. 158, Turkish Labour Law has adopted job security system. This system protects certain workers against unfair and invalid terminations. Employers have to use the right of termination, which must be based on a valid reason either resulting from the employee or the enterprise. This usage of right should be in good faith, non-arbitrary; so Turkish Court of Cassation has developed some principles to assess this termination over the last decades. Although there are a great number of employees who are outside the scope of this protective norms, there are some other protective measures like severance pay, which is considered in the large-scale job security. After the coronavirus outbreak, Turkish Government has adopted the Law on Minimizing the Impacts of the New Coronavirus (Covid-19) Outbreak on Economic and Social Life and the Amendment of Certain Laws (7244) (‘the Amendment Law’) published in the Official Gazette (31102) on 17 April 2020. This law included transitional provisions for the Labour Law no. 4857 and adopted an interim termination ban for all of the employers. On the other hand, employers forced to close down their workplaces had the opportunity to propose unpaid leave and employees were able to apply for the short-time allowance. Even though the unpaid leave proposal is a substantial alteration in the labour agreement, this measure was considered as a principal way for the agreements to continue. Generally, these interim measures were based on balancing mind-set and both parties of labour agreement were sharing the negative results. This paper would like to discuss the effects of these interim measures. In order to pursue this aim, firstly we briefly explain the general job security tools provided in Turkish Labour Law. Following this explanation, we will try to understand the preventive measures’ effects by examining the cases. Finally, we would like to address our view regarding the results and current and upcoming jurisprudential problems.

Turkut, Emre, ‘Emergency Powers, Constitutional (Self-)Restraint and Judicial Politics: The Turkish Constitutional Court During the COVID-19 Pandemic’ (2022) 4(3) Jus Cogens 263–284
Abstract: This paper investigates the Turkish Constitutional Court (TCC)’s treatment of legal challenges brought against Turkey’s legal responses to the COVID-19 pandemic. Drawing on a detailed examination of the TCC’s institutional features, political origins and jurisprudential trajectory, and taking three politically salient judgments of the TCC concerning Turkey’s executive-dominated pandemic control as the point of departure, the paper argues that the TCC chose to exercise judicial restraint both in protecting fundamental rights and reviewing pandemic policies of the executive. It also argues that the TCC’s judicial restraint during the pandemic was simply the re-manifestation of its ‘play-it-safe’ strategy — a judicial stance the TCC willingly adopted in the aftermath of the 2016 attempted coup despite possessing strong constitutional powers of judicial review, and its established attitude of assertive scrutiny in the past. From a more theoretical perspective, the analysis also explores how the passive role to which the TCC is consigned in an increasingly authoritarian regime since the 2016 failed coup relates to the global phenomenon of judicialization of authoritarian politics.

Yi̇ği̇t, Yusuf, ‘Evaluation of Emerging Working Conditions Following Mandatory Labor Law Changes Due to the New Coronavirus (COVID-19)’ [2020] (78) Istanbul Hukuk Mecmuasi 265–297
Abstract: Our study discusses the individual labor law measures that have been taken and their effect on working life. Potential problems are addressed due to the outbreak of the new coronavirus (COVID-19). The main effect of compulsory and challenging changes to working life is the danger of redundancies and unemployment, as the production of goods and services shrinks significantly. Although some labor legislation measures have been designed to decrease the negative effects of the crisis, they are subject to certain conditions, and not every employee can benefit from this. The adverse effects of the COVID-19 pandemic on the economy cannot be eliminated and except for the short-time working allowance (although conditions have been alleviated) due to the temporary legislative regulations introduced (although conditions have been alleviated) cash fee support to those who cannot benefit from this payment has been given. In this situation, the employer has the right to suspend labor contracts unilaterally for three months for compelling reasons, therefore the right to terminate employment was restricted, and employers were banned from terminating employment contracts except for ethical and good conduct.

Ukraine

Bielik, Larysa et al, ‘Features of Criminal Proceedings (Pre-Trial and Trial Investigation) in the Time of Pandemic Covid-19’ (2020) 9(2) Ius Humani. Law Journal 203–224
Abstract: The work is devoted to the main problems and features that have emerged in the field of criminal justice (pre-trial investigation and trial) in a pandemic. The relevance of this article is that criminal justice, like other areas of human activity, has been affected after the spread of Covid-19 and its recognition as a pandemic. The introduction of quarantine was accompanied by some problematic issues, including uncertainty in the work of the judiciary and law enforcement agencies, lack of a unified approach to court schedules, and the conduct of certain investigative actions. Thus, it is necessary to analyze the peculiarities of criminal proceedings in a pandemic. An explorative and collative methodology (that considers the comparative law) was used. The proposals have been made to address the problems that arise during the pre-trial investigation and criminal proceedings in a pandemic, in particular: the need to allow videoconferencing in criminal proceedings out of court; a list of programs for video communication have been defined; to provide adequate funding for technical re-equipment; to suspend the terms of criminal proceedings, and; to prevent in the future the situation of cancellation of previously adopted decisions on the strengthening of criminal liability for intentional infection.

Bloshchynskyi, Ihor, ‘Peculiarities of Distance Learning Platforms Usage in Law Enforcement Educational Institutions during the Covid-19 Pandemic’ (2022) 13(2) Postmodern Openings 514–527
Abstract: The article reviews the peculiarities of distance learning platforms usage in law enforcement educational institutions during the Covid-19 pandemic. Distance learning at U.S. Federal Law Enforcement Training Center, which is based on the Online Campus have been substantiated. Particular attention is paid to topical issues of training on such online training mod-ules of the Campus: crime scene, driving training, drugs, firearms, health, interviews, investigation, law, topography, maritime training, personal security, technical means, terrorism, stopping vehicles, etc. There are also programs to study the courses ‘Small Arms’ and ‘Use of Force’ in the online training modules of the Campus. The specifics of professional training of border guards in Asian countries have been revealed: the use of platforms of law enforcement agencies; focus of training on the development of basic competencies and the ability to solve problem situations; the opportunity to take online courses for all categories of staff at a convenient time; creation of a three-level round-the-clock system of functioning of training of specialists. Peculiarities of professional training of border guards of European countries have been outlined considering the usage of both the platforms of institutions and joint platforms of international organizations, namely: web platform Virtual Aula of Agency FRONTEX; CEPOL DL (e-Net) web platform; European Coast Guard Training (ECGTP) platforms; ILIAS EU Mission EUBAM; Connect & Learn UNHCR; UNODC and others. Special attention is paid to the capabilities of the Virtual Aula web platform for training teachers, instructors, external experts, etc. Web platform Virtual Aula of Agency FRONTEX presents up-to-date information on educational programs conducted in Europe. Characteristics of distance learning platforms usage in higher law enforcement educational institutions in Ukraine have been presented. Distance learning course of the English language for border guards have been developed and implemented. Considerable attention is also paid to the disclosure of online assessment of knowledge: the test of self-control on the topics, modules, and procedure of final assessment.

Buletsa, Sibilla, ‘Legal Regulation of the Special Legal Regimes in Ukraine’ in Zoltan Nagy and Attila Horváth (eds), Emergency Powers in Central and Eastern Europe : From Martial Law to COVID-19, (Central European Academic Publishing, 2022) 303

Dolynska, Mariіa et al, ‘Some Aspects of Legal Regulation of Remote Working Conditions in Some Countries of the European Union and in Ukraine during the Fight against the Covid-19 Pandemic’ [2024] (6) JusOnline 84-94
Abstract: The article deals with the issues of legal regulation of remote work in some countries of the European Union and in Ukraine. The main act of the European Union dedicated to remote work is the 2002 European Framework Agreement on Telework. The above European act was the beginning of the implementation process for the introduction of remote work in the field of labour law. Confidentiality and labor protection are important principles of the European Telework Agreement. Problem formulation: The issues of legal regulation of telework in connection with the latest changes in labour legislation, which are primarily related to the fight against the COVID19 pandemic, remain insufficiently studied. The purpose of the study: The aim of the article is to investigate the acts on establishing the conditions of telework in some countries of the European Union, including amendments to Ukrainian labour legislation on the legal regulation of telework, in particular, during the fight against the COVID-19 pandemic. In Ukraine, the legal regulation of remote work was introduced as a concept only in 2020. The main results of the study: The authors of the article suggest to supplement the twelfth part of Article 60-2 of the Labor Code of Ukraine with the following sentences. Based on the application of the employee (who has the right to work remotely), the owner or a person authorised by him, are obliged to conclude a written employment contract with him for the right to perform remote work, and an appropriate order is issued. The owner’s refusal is considered justified in the case when the work performed by the employee cannot be performed remotely, and if the owner and / or the employee do not have the means and resources to introduce remote work.

Grugorovych, Chystokletov Leontii et al, ‘Conditions for the Protection of Human Rights While COVID-19, Legal Principles and Administrative Barriers in Ukraine’ (2021) 9(2) Information Technology in Industry 867–875
Abstract: The article describes both the administrative and legal principles of human rights protection in the context of the spread of coronavirus, which is used in Ukraine and all over the world on the basis of theoretical and practical methods. In this regard, the question of the efficiency of the measures to lessen the spread of the virus, made in connection with the new tasks of the state authorities and, first of all, health authorities, without violating the basic rights of the people becomes relevant. It is proved that the legal analysis of the ratification of international and domestic regulations indicates extraordinary opinions on the issue of ensuring human rights in an emergency relative to the struggle with the infection. Basing on international and national practice, attention is grabbed to the administrative and legal principles of ensuring medical confidentiality during the pandemic. It is shown that the disclosure of medical secrets is allowed in cases of suspicion of the patient intending to commit a crime or on the basis of a decision of a court. Current work provides guidelines directed at enhancing the measures for protecting peoples’ rights in the situation of suppressing the spread of COVID-19.

Gutorova, Natalia Oleksandrivna, Yuliia Yuriivna Zabuha and Tetiana Oleksandrivna Mykhailichenko, ‘Legal Issues of Epidemic Safety Due to the Pandemic COVID-19 and the War in Ukraine’ in The European Dimension of Modern Legal Science (Baltija Publishing, 2022) 181–205
Abstract: The experience of fighting the COVID-19 pandemic has shown how vital epidemic safety is for each country. Furthermore, it is not just about saving the lives and health of millions of people. The economic crisis engulfed the whole world. At the same time, we had a crisis in the tourism sector, restricting access to proper and quality education and temporarily restricting freedom of movement. The restrictions on human rights and freedoms were significant, and many countries introduced them in violation of the law. With the increase in the number of mental and psychiatric diseases, the following problems of economic character are a partial list of the negative consequences of this pandemic. In order to prevent these consequences or reduce them to a minimum, the state must have a properly developed system of measures to contain the epidemic and pandemic. That is why they especially need proper legal regulation. This study is devoted to issues that arise precisely at the last (third) level of legal regulation of epidemic safety, when, as a result of an epidemic or pandemic, the state must declare a state of emergency. In addition, Ukraine has a large-scale war, started by the Russian Federation on February 24, 2022, and martial law. These, as well as many other factors, indicate an even more significant deterioration in the country is already the somewhat unfavorable epidemic situation, which determines the relevance of the chosen topic.

Hromovenko, Kostiantyn et al, ‘Legal Responsibility for Vaccination against COVID-19 in Ukraine and Other Countries’ (2021) 10(43) Amazonia Investiga 264–271
Abstract: This article analyzes the liability that may arise in case of refusal to receive a COVID-19 vaccine shot, as well as vaccination-related problems in Ukraine and worldwide. We focused on the international and Ukrainian situation regarding the COVID-19 vaccination process. We also considered the legal framework on this issue. The main task of the study was to determine whether there is a liability, including criminal liability, for refusing to receive the COVID-19 vaccine, the nuances, and the legal basis of this process. The research methodology includes general scientific and special scientific methods, such as systemic, structural, formal-legal, hermeneutic, and methods of analysis and synthesis. We found that COVID-19 vaccination is currently voluntary but not mandatory in Ukraine. At the same time, according to legal documents, vaccination against several diseases such as diphtheria, pertussis, measles, polio, tetanus, and tuberculosis is mandatory. Practically, this means that those who are subject to such preventive vaccinations may be subject to sanctions in the form of dismissal for refusing to vaccinate. Only a few foreign countries currently use mandatory COVID-19 vaccination for the entire adult population. More common is mandatory vaccination of certain categories of workers, including health workers, social workers, essential workers, civil servants, and others who are in close contact with people or whose health and well-being are of particular importance to national security.

Iryna, Kondratova and Korotenko Tetiana, ‘Towards Modern Challenges in Financing in the Judiciary Financing: Between Independence and Autonomy’ (2020) 3(7) Access to Justice in Eastern Europe 134–147
Abstract: An independent judiciary is the guarantor of a democratic state governed by the rule of law, which we strive to build in Ukraine. This independence is ensured, among other things, by a stable and sufficient funding of the national courts, which has become a significant challenge. The resolution of such issues has been sought in recent decades, but the problem of court financing has become especially acute in the context of the economic crisis and the coronavirus pandemic, which occurred in 2020. This has led to somewhat hopeless feelings about the chosen way of forming the policy of Ukrainian courts financing and its implementation. Our study attempts to analyze certain aspects of the existing mechanism of financing the judiciary in Ukraine, in particular, through the prism of financial support for judges and assistant judges during the coronavirus pandemic. The functions which they perform can be attributed to the main ones during the administration of justice. The authors propose the analysis of the case on the protection of the right of assistant judges to a decent salary, which lasted for years in all courts of the state. In connection with the coronavirus pandemic in Ukraine, a law was passed reducing the salaries of judges, which is also analyzed in the article. The search for a new, more modern approach to resolving the issue of a stable financial independence of the judiciary will help to solve urgent problems and ensure a real rule of law in Ukraine. In particular, our proposed approach to the formation of financial autonomy of the judiciary in Ukraine is suggested in this study.

Islamova, Oleksandra et al, ‘Development of Distance Learning System for Law-Enforcement Higher Education Institutions: Post-Pandemic Challenges and Responses’ (2021) 7(3A) Laplage em Revista / Laplage In Review 665–674
Abstract: The article reveals the peculiarities of development of distance learning system for law-enforcement higher educational institutions in post-pandemic period and provides generalization of distance learning possibilities on the example of the higher education institution of the State Border Guard Service of Ukraine. The authors indicate that the border guard service should pay more attention to implementation of a holistic and logical system of distance learning both of officers and junior staff. The results of the survey showed that the distance form of training of cadets under restrictions of pandemic becomes one of the main forms of training at the law-enforcement higher educational institution. Among the major drawbacks of the currently functioning distance learning system are the technical capabilities of currently used ICT, web-platforms and application, their stability and quality of communication, time of uninterrupted sessions, limitations on the number of participants and feedback from the audience, the number of equipped workplaces, possibility of organizing mobile learning.

Izarova, Iryna, ‘Digitalization of Justice in Ukraine: Some Remarks on the Main Goal’ in Katarzyna Gajda-Roszczynialska (ed), Impact of the COVID-19 Pandemic on Justice Systems: Reconstruction or Erosion of Justice Systems: Case Study and Suggested Solution (V&R Unipress, 2023) 235 [OPEN ACCESS E-BOOK]

Krusian, Anzhelika R et al, ‘The Institutional and Legal Justification of the Restriction of Freedom of Movement in Conditions of Counteraction the Spread of the Covid-19 Pandemic’ [2020] (42) Revista San Gregorio 257–266
Abstract: The study touches upon the issue of determining the current state of ensuring and restricting freedom of movement in Ukraine in the context of counteracting the spread of the COVID - 19 pandemic. Particular attention is paid to the substantive component and the expediency of certain restrictions on freedom of movement, namely: self-isolation and observation. The normative-legal bases of restriction of the constitutional right to freedom of movement are investigated and gaps of their substantiation are revealed.

Krychkovska, AM et al, ‘The Analysis of COVID-19 Pandemic Consequences and the Antiviral Drug Markets under Martial Law in Ukraine’ (2024) 5(4) Ukrainian Journal of Military Medicine 168–179
Abstract: The purpose of research is to develop new approaches to substantiation the dominant functions of the antiviral market post-COVID-19 and to outline prospects for optimising the import substitution program for medicines within the context of the legal regime of martial law in Ukraine, as illustrated by an analysis of antiviral medication for the needs of the civilian population and personnel of Armed Forces of Ukraine.

Lytvyn, Stepan et al, ‘Legal Regulation of the Agreement on Provision of Tourist Services during the Pandemic Covid-19’ (2021) 12(2) Journal of Environmental Management and Tourism 501–506
Abstract: The article is devoted to the content of legal instruments in terms of tourism business, namely the problems of legal regulation of the contract for the provision of tourist services. The analysis of the state of development of this problem shows that the issue of legal regulation of contractual relations in general and the contract in tourist services in general is insufficiently studied. This is due to various factors, including the fact that constant integration processes to the international community force Ukraine to adjust its domestic legislation in accordance with international requirements, but these measures are often inconsistent or incomplete, so there are many contradictions in modern Ukrainian civil law. The author’s vision of the content of the package of measures that can positively influence not only the development of the tourism industry in general, but primarily to help identify those legal segments that need improvement in the future.

Maksym, Dvorovyi, ‘Why Battle Coronavirus When There are Other Enemies Around?: How the Ukrainian Legislator Missed The Pandemic and Went To War’ in Gergely Gosztonyi and Elena Lazar (eds), Media Regulation During the COVID-19 Pandemic: A Study from Central and Eastern Europe (Ethics International Press, 2023) 172

Mazepa, Svitlana, ‘COVID-19 and Its Impact on Ukrainian Criminal Law’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: At the end of 2019 and the beginning of 2020, a new dangerous disease appeared in the world, which was named ‘Coronavirus 2 (SARS-CoV-2)’. Each country decided how to react and what steps should be taken as a first priority. The fact that national governments were taking exceptional measures to slow down the spread of the virus and to deal with the pandemic has implications not only for criminal proceedings that are already underway but also for future ones. In this scrutiny, the author highlighted the legal response of Ukraine to the pandemic from the criminal law perspective. A number of restrictive measures and prohibitions were adopted, which were aimed at self-isolation. The focus in this contribution is on criminal law, as the pandemic has prompted changes to existing law, including criminal law and legislation. The immediate reaction of the Ukrainian parliament to the pandemic was to increase criminal liability and introduce administrative liability for violating quarantine. These changes have become the subject of this article. Also, a number of bills on inclusion in the current Criminal Code in connection with the coronavirus were analysed.

Mushak, Nataliia, ‘Constitutional Restrictions of Human Rights Under the State of Emergency’ in Rainer Arnold and Javier Cremades (eds), Rule of Law and the Challenges Posed by the Pandemic (Springer, 2023) 179–185
Abstract: This article is devoted to the impact of COVID-19 on the constitutional restrictions of human rights under the state of emergency. The author analyzes the main and important by-laws adopted by the Ukrainian state authorities on restrictions of human rights in view of the rapid spread of the coronavirus pandemic in the world. The research established that under the martial law or a state of emergency, certain restrictions on rights and freedoms may be established, indicating the validity of these restrictions. This article stipulates that under the Constitution of Ukraine the constitutional rights and freedoms of a person and a citizen cannot be limited, except in cases stipulated exclusively by the Constitution of Ukraine.

Mysiak, Piotr, Volodymyr Zubar and Dmytro Pestruiev, ‘Conducting Other People’s Affairs Without a Power of Attorney in a Pandemic: Poland and Ukraine’ 9(2) Ius Humani. Law Journal 87–110
Abstract: The Covid-19 coronavirus pandemic has caused changes in all areas of human life. The field of law is no exception to this list. In particular, the issues of conducting other people’s affairs without a power of attorney have become especially relevant, as social distancing and restrictions on social activity have led to a significant increase in the practical need for the application of this legal institution. The significance of this study is also important in connection with the comparative analysis of the normative aspect and the practical measurement of the application of the institute of conducting other people’s affairs without a power of attorney in Ukraine and Poland. These two countries are comparable in territory, number of citizens, legal tradition, but Poland has become member of the European Union, while Ukraine has remained on the sidelines of European civilization. The dialectical method, the method of comparative analysis and system analysis were chosen as the methodological basis of the research. The authors of the article concluded that institute of conducting other people’s affairs without a power of attorney is characterized by an increased level of social utility. In such cases, the one who protects the interests of others without a power of attorney, as a rule, acts not only in the interests of the individual but also in the interests of the society. Thus, it helps to protect single people, the elderly ones, disabled individuals and other groups which are socially unprotected and thus prevent the pandemic spread.

Nikitin, Yurii et al, ‘Constitutional Right to Health Protection and Medical Care in Ukraine in the Context of the Pandemic COVID-19’ (2020) 13(4) Journal of Politics and Law 99–109
Abstract: The content of the right to health protection and medical care according to Ukrainian legislation is analyzed in the article as well as peculiarities of its realisation in the context of the pandemic COVID-19. It examines also the correlation between the notion ‘health protection’ and ‘medical care’. On the basis of this correlation, the conclusion is made that the right to health protection is broader and includes, but is not limited to, the right to medical care. Some international standards in the sphere of health protection, which constitute the basis of Ukrainian legislation in this area, are analyzed. The conclusion is made that Ukraine should take into account such standards while limiting human rights, in particular, the right to health protection and medical care in the context of the pandemic COVID-19. It is mentioned that the significant problem remains the legal regulation of quality control of medical care, the creation of organizational technologies with a clear division of control functions between the various actors in the health care system, which is extremely important in terms of the pandemic. The attention is also paid to the personal data protection issue in the sphere of health care. The conclusion is drawn that there should be mechanisms for reporting and protecting against abuse while collecting personal data, and people should be able to challenge any COVID-19-related measures for the collection, aggregation, storage and further use of their data.

Oksana, Kaplina and Sharenko Svitlana, ‘Access to Justice in Ukrainian Criminal Proceedings During the COVID-19 Outbreak’ (2020) 3(7) Access to Justice in Eastern Europe 115–133
Abstract: This article examines relevant issues of criminal proceedings in the context of the COVID-19 pandemic in Ukraine. In the wake of the COVID-19 pandemic, many governments have focused their efforts on protecting democratic values and ensuring not only the rights and legitimate interests of their people, but also their lives and health. At the same time, the pandemic has affected not only the economies of countries, but also their democratic development and fundamental rights, which have always been a priority of any democratic society. Courts and law enforcement authorities have faced challenges that have been and still are adequately addressed in order to ensure that the rights and legitimate interests of those seeking judicial protection are respected. Each state independently assessed the degree of risks and the extent of permissible restrictions on the rights and freedoms of persons involved in the proceedings, so the present study analyses the different approaches that have been applied. At the same time, documents of the Council of Europe for the Efficiency of Justice (CEPEJ) have gained high importance, because they, among others, have developed tools for Council of Europe member states to address the problems of ensuring access to justice in the pandemic. The generalization and widespread discussion of such experiences is important, because it will be useful for states to further improve existing legislation, taking into account best practices. Based on a study of changes introduced in the Ukrainian legislation to prevent the spread of the coronavirus disease, conclusions are proposed about the nature and extent of the restrictions, as well as the principles on which they should be based and the guarantees to be provided. Recommendations that will contribute to improving the regulation of access to justice in criminal matters in a pandemic are also proposed.

Oleh, Rozhnov, ‘Towards Timely Justice in Civil Matters Amid the COVID-19 Pandemic’ (2020) 3(7) Access to Justice in Eastern Europe 100–114
Abstract: This article is devoted to the analysis of procedural time limits transformation under pandemic conditions implemented in the legislation of Ukraine during the coronavirus pandemic of 2020, as well as the practice of their application in national courts. It is stated that inaccuracy and incompleteness in resolving important issues related to the extension and renewal of procedural time for the administration of justice under the quarantine creates obstacles to the implementation of the main tasks of civil proceedings. Inaccuracy in the regulation by procedural legislation of certain procedural terms, the possibility of their renewal and extension can significantly affect the movement of all civil proceedings as well as significantly impede the achievement of its goals.

Omelchuk, OM et al, ‘Legal Aspects of Mass Vaccination during the COVID-19 Pandemic on the Example of Ukraine’ (2021) 40(3) Medicine and Law 411–424
Abstract: This article considers the issue of mass vaccination during the COVID-19 pandemic, which is one of the main issues of medical law in terms of the concept of natural law. This topic is acquiring special relevance. The purpose of the article is to study respect for human rights in the mass vaccination against COVID-19, in terms of the balance between the patient’s right to make medical decisions and the interests of society. For the purposes of this work, which is closely related to the observance of human rights, a method such as the human rights-based approach (HRBA) has been used. Based on the PANEL principles, along with an active campaign to support vaccination, the state needs to develop an effective mechanism to influence those who do not want to be vaccinated, using existing mechanisms. There are three such mechanisms the establishment of a penalty for refusing vaccination;the introduction of certain restrictions for unvaccinated citizens;the establishment of certain benefits for medical care for people who have been vaccinated in time.

Pashkov, Vitalii, ‘The Legal Nature of Managed Entry Agreements (MEAs) in the Coronavirus Response System’ in Roman Maydanyk, André den Exter and Iryna Izarova (eds), Ukrainian Healthcare Law in the Context of European and International Law (Springer, 2022) 261–276
Abstract: This article elaborates on the admission procedure for vaccines against COVID-19 in various European countries and the United States. Neither the EU countries nor the United States has applied for a full license to manufacture or issue a coronavirus vaccine registration certificate. At best, it is an emergency use authorization or conditional marketing authorization. A particular focus will be on the Legal Nature of Managed Entry Agreements (MEAs) in the Coronavirus Response System. The use of MEAs allows not only to legalize emergency use authorization or conditional marketing authorization as a way to combat coronavirus infection, but also others, including for treating, preventing, or diagnosing seriously debilitating or life-threatening diseases. That includes orphan medicines. However, Ukraine and Russia have followed the path of simplifying the registration and full admission of vaccines for further use. Russia registered vaccines against COVID-19 of its own development, however, in Ukraine, there is a situation when it fully legalizes vaccines against COVID-19 earlier than the countries of this vaccine’s origin. This is due to ignoring the regulations and the experience of using MEAs both by Ukraine and Russia.

Roudik, Peter et al, ‘Freedom of Expression during COVID-19’ (Law Library of Congress Legal Report, September 2020)
Abstract: This report, prepared by the research staff of the Law Library of Congress, surveys legal acts regulating mass media and their ability to distribute information freely during the Covid-19 pandemic. The report focuses on recently introduced amendments to national legislation aimed at establishing different control measures over the media outlets, internet resources, and journalists in 20 selected countries around the world where adoption of such laws has been identified, namely: Armenia, Azerbaijan, Bangladesh, Belarus, El Salvador, India, Kazakhstan, Kenya, Kyrgyzstan, Mauritius, Moldova, Nepal, Nicaragua, Pakistan, Russia, South Africa, Sri Lanka, Tajikistan, Ukraine, and Uzbekistan.

Rudnyeva, Oleksandra and Olena Prykhodko, ‘The State as a Guarantor of the Protection of the Rights of Individuals and Legal Entities in the Conditions of Coronavirus Crisis of 2020’ (2020) 73(12 cz 2) Wiadomosci Lekarskie 2752–2757
Objective: The aim of the article is to stimulate discussions about the necessity to improve the legal regulations that guarantee a proper public health policy, as well as to determine the balance between the level of restrictions that may be imposed by State in order to protect both, the public interest of health and the economic development. Patient and Methods: Materials and methods: National legislation of Ukraine, United Kingdom and France on public health and health policy, case law of these countries, including high court decisions were used for dialectical, comparative, synthetic and systemic analyses. Conclusions: As the legality of government officials’ actions principle is a fundamental constitutional principle in most European countries, states must establish such legal provisions to avoid short-term and long-term conflicts when the rights of individuals and legal entities are being restricted. At the legislative level, it is necessary to adopt transparent rules to attract private funding to the health sector. Development of the e-health and telemedicine systems could be boosted through the use of public-private partnership tools.

Sanders, Anne, ‘Video-Hearings in Europe before, during and after the COVID-19 Pandemic’ (2021) 12(2) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges.

Serhii, Prylutskyi and Strieltsova Olga, ‘The Ukrainian Judiciary under 21st-Century Challenges’ (2020) 2/3(7) Access to Justice in Eastern Europe 78–99
Abstract: Thirty years after the declaration of its independence, Ukraine, unfortunately, has not yet managed to modernize its legal system to a level of proper efficiency. This is largely due to the dichotomy of the previous international strategy of our state between the two vectors of development, the old eastern and the new western one, which actually retarded the movement forward. The contradiction between these views on the prospects of Ukraine’s development of the younger generation and the generation that continued to carry the memory of its historical past, was no less significant. Corruption is deeply rooted in the system of public administration and was purposefully supported by internal and external opponents of Ukraine’s independence and overcoming these relics is a fundamental task in asserting sovereignty. Remnants of the post-Soviet legal doctrine, which preserve the defining categories of judicial law in an ossified form, such as ‘court’, ‘judiciary’, ‘justice’, have become a serious obstacle to the formation of the new state and its legal system. This significantly limits the ability to ensure effective legal regulation of relations connected with the administration of justice in the state. An overview of the theoretical and normative foundations that underlie the Ukrainian judiciary and the justice system points to obvious gaps and inconsistencies. It is indisputable that the modernization of the legal system of Ukraine, in particular, in the sphere of the organization of the judiciary, requires a renewed scientific vision based on the doctrine of judicial law and which should attempt to combine Ukrainian traditions and the Western European viewpoint.

Shemaieva, HV and TM Kostyrko, ‘Formation and Use of Open Access Resources in University Libraries during the Pandemic and Martial Law in Ukraine’ [2022] (7) University Library at a New Stage of Social Communications Development. Conference Proceedings 147–154
Abstract: The research is aimed at revealing the repository as an important tool for storing and promoting open access resources and open educational resources (OER) as a component of open access resources, and the role of the library in these processes. To achieve the purpose of the research, a complex of scientific methods was applied, including analysis and synthesis, comparison, statistical method and direct study of practical experience through the analysis of library reports. During the research it was summarized the information about open access resources, in particular OER; examples of the national policy of forming repositories were considered; the experience of the formation and use of institutional repositories in the technical universities of Kharkiv and Mykolaiv was studied; the foreign experience of creating and functioning of repositories of the information-library profile was considered. The further direction of the university library in the promotion of the OER initiative is substantiated, namely, convergence of library activities with educational activities in the aspect of creating, planning, and organizing access to open educational electronic resources.

Simutina, Yana and Sergii Venediktov, ‘The Effects of COVID-19 on Ukraine’s Regulation of Employment Relations’ (2020) 9(3) E-Journal of International and Comparative Labour Studies 20–37
Abstract: This article aims to study the changes in the legal regulation of employment relations in Ukraine following the outbreak of COVID-19. The pandemic has increased law-making activity. However, the obsolescence of Ukraine’s Labour Code have produced questionable outcomes. For this reason, the disadvantages caused by the rules governing employment relations in Ukraine should be dealt with, while seeking higher involvement of the social partners, scholars and relevant international organizations.

Starodubov, Sergil, Viktoriia Vladyshevska and Maryna Pyzhova, ‘Liability for Violation of Quarantine: Novelties of Administrative and Criminal Legislation’ (2020) 9(2) Ius Humani Law Journal 137–158
Abstract: Public legislation has long failed to meet such large-scale challenges as the SARS-CoV-2 pandemic. In emergencies, to protect the lives and health of the population, it is necessary to promptly make decisions on the legal regulation of public relations that have developed due to the spread of Covid-19. For this purpose, the state has created legal mechanisms that are designed to ensure compliance with the rule of law and which need the scientific-legal assessment. The objective of the work is to analyze the novelties of administrative and criminal legislation, which regulate the liability for violation of quarantine. The object of research is the norms of administrative and criminal law. The subject of the study is public relations that have developed as a result of the introduction of quarantine and which are governed by administrative and criminal law. To achieve this goal, the situation in foreign countries was firstly analyzed; general patterns were identified; alternative solutions were proposed, with a minimum restriction of human rights and freedoms. Then, the novelties of the national legislation were studied in more detail; additional specific problems were identified; and a more balanced legislative policy was proposed. As a result of the study, the current state of legal regulation in the areas of administrative and criminal law related to quarantine violations was analyzed; the liability for such offenses was characterized; some conclusions regarding the existing related problems were made and options for their solution were proposed, as well as propositions for modernization of legislation were made.

Stoianova, Tatiana, Liudmyla Ostrovska and Grygorii Tripulskyir, ‘COVID-19: Pandemic of Domestic Violence’ (2020) 9(2) Ius Humani Law Journal 111–136
Abstract: The article is devoted to the analysis of domestic violence in the context of Covid-19. The research is carried out for the first time in the focus of several sciences: psychology, sociology, and jurisprudence. To study the legal regulation of domestic violence, knowledge from different branches of law was used: international, criminal, administrative, and civil procedural law. Attention was paid to the historical retrospective—how the concept of domestic violence first appeared at the world level, and how it was differentiated and implemented in the national legislation of the participating countries. The problems of signing the Istanbul Agreement are highlighted. Special attention was paid to the current wave of domestic violence as a result of the Covid-19 pandemic. The prerequisites of a general psychological, social, and economic nature, their interdependence, and connection with the pandemic were investigated. The scale of the scourge of domestic violence in the context of a pandemic in different countries is indicated, and its short-term and long-term consequences for the well-being of the nation. The specific mechanisms for preventing family violence at three levels are considered: general criminogenic, a comprehensive mechanism for preventing violence at the level of interaction between the state and public organizations, and directly special means. The study concludes that Covid-19 pandemic has a direct impact on the exacerbation of domestic violence. The solutions are proposed, from legislative amendments to the redistribution of state and public forces to address the problem of domestic violence.

Svitlychnyy, Olexander P et al, ‘Electronic Justice as a Mechanism for Ensuring the Right of Access to Justice in a Pandemic: The Experience of Ukraine and the EU’ (2023) 37(3) International Review of Law, Computers & Technology 325–340
Abstract: The article analyzes the measures implemented by countries in the field of access and administration of justice, focusing on the use of electronic justice as a comprehensive remote mechanism during the COVID-19 pandemic. The study examines the experiences of the European Union and Ukraine to understand the effectiveness of electronic justice in ensuring the right of access to justice. Various scientific methods such as legal-statistical, systematic, formal-legal, and cybernetic methods were employed in the study. The analysis reveals that the measures taken by countries to prevent restrictions on human rights in the judicial system are not perfect and require further development. The study identifies key issues in the practical implementation of electronic justice and provides specific recommendations for improvement. The research fills a gap in comprehensive scientific studies on continuous and effective consideration of court cases during the pandemic. The practical and scientific value of the article lies in its relevance to practitioners and scholars worldwide, who are interested in the realization of the right of access to justice and the functioning of electronic justice. The national experiences and recommendations presented in the article can also be applied by European countries to enhance the effectiveness of their electronic justice systems.

Tatulych, Iryna Yuriyivna, ‘Civil Proceedings During Quarantine’ (2020) 7(2) European Journal of Law and Public Administration 184–194
Abstract: The article is devoted to the study of issues related to the proceedings in civil court cases during the quarantine period. The importance of ensuring continuous and secure access to justice is obvious to effectively protect violated, unrecognized or disputed rights, freedoms, or interests of individuals, the rights and interests of legal entities, the interests of the state. The article reveals the study of the issue of a person’s constitutional right realization to fair judicial protection during a pandemic. Legislation and regulations that contain the main recommendations for courts to administer justice during the quarantine period underwent the analysis. It is substantiated that neither the judicial system nor the guarantees of citizens for judicial protection can be ‘quarantined’ because the main function of the state, even in such conditions, is to ensure the implementation of the protection of the rights and freedoms of citizens. It is found out that justice should be not just a form of the judiciary, but an effective tool for protecting rights, freedoms, and interests. The court is the tool that ensures the effectiveness of judicial protection. To overcome the identified gaps, it was concluded that it is necessary to implement all components of electronic litigation, which will make an appeal to court more accessible and understandable, will completely abandon paper documentation in parallel with an electronic one, and in the future will lead to effective civil litigation and timely resolution, within a reasonable period.

Vorotyntseva, Inna, Ivanna Hranina and Maryna Pysarenko, ‘Comparative Legal Research on Contract Law Changes Under Covid-19 Pandemic: England, United States, Asia and Ukraine’ (2021) 10(1) Ius Humani Law Journal 123–150
Abstract: The study aims to characterize the changes in contract law under the influence of the Covid-19 pandemic in Ukraine and the world. For this purpose, we used systemic, comparative-legal, and formal-legal methods. The paper consists of an introduction, methodology section, bibliography review, results, discussion, conclusions, and references. In the result of the study some distinctive features of changes in contract law under Covid-19 pandemic at the level of national law of Ukraine and some foreign countries were characterized and highlighted. The authors came to the conclusion that changes in contract law are typical for the countries of continental law. Instead, common law states remain resistant to changes in contract law, particularly, the force-majeure application. The reason for this lies in the specific doctrine of the common law countries, as England and the United States. These countries’ courts remain unshakable in terms of managing the contracts performance. In contrast, some Asian and European states (including Ukraine) are characterized by dynamic changes in legislation, given the pandemic situation. The paper also discusses similar institutions like hardship and frustration of purpose, which are both applicable in continental and common law countries.

Yaroshenko, Oleg M et al, ‘Current Problems of Legal Regulation of Remote Work in the Context of the Introduction of Restrictive Measures Caused by the Spread of Covid-19 in Ukraine and the EU’ (2022) 1(34) Relações Internacionais no Mundo Atual 1–16
Abstract: The COVID-19 coronavirus pandemic, which has spread to all countries of the world, has posed new challenges in terms of legal, socio-economic, political, and social development. The pandemic produced a need for a mechanism of legal regulation of a special organization of the remote work, working hours, workplace, working conditions, etc. The study aims to analyze and compare the legal regulation of remote work under the introduction of restrictive measures caused by the spread of COVID-19 in Ukraine and the EU. The leading method was the method of comparative analysis. It helped to compare the specifics of the practice of EU member states in the field of legal regulation of remote work under the above conditions in Ukraine and the EU, identify how these issues are regulated in other EU countries. In Ukraine, it is necessary to improve the rules for regulating the responsibilities of the employer to compensate for the costs of a remote worker, enshrining in law the obligation of the employer to provide the employee with computer equipment, means of communication. The experience of European countries proves it is necessary to implement ‘right to disconnect’ in Ukraine. Information and knowledge gained from the experience of different EU countries can be used as a basis for the adaptation and development of new relevant provisions in Ukraine.

Zabuha, Yuliia Yu, Tetiana O Mykhailichenko and Svitlana V Rak, ‘Legal Regulation of Epidemic Security under the COVID-19 Pandemic Conditions in Some Post-Soviet Countries and Poland’ (2020) 73(12 cz 2) Wiadomosci Lekarskie 2758–2767
Objective: To reveal the features of the epidemic safety and security legal regulation in Belarus, Kazakhstan, Moldova, Poland, Russia and Ukraine during the COVID-19 pandemic. Patients and Methods: Materials and methods: This study is based on Belarusian, Kazakh, Moldavian, Polish, Russian and Ukrainian regulatory acts as well as national court judgments. Such methods as dialectical, comparative, analytic, synthetic, comprehensive, statistical and generalization approaches have been used in the article. Conclusions: the study confirmed that the direct impact on the spread and dynamics of morbidity during the COVID-19 pandemic in the countries to be analyzed is determined by: the presence of government agencies and special institutions involved in combating, preventing and monitoring the spread of infectious diseases and their readiness for effective measures in emergency situations caused, in particular, by epidemics; timeliness and duration of quarantine restrictions, their severity and scope; observance of these restrictions by the population; effectiveness of law enforcement responses to violations. The strengthening of administrative and/or criminal liability had no significant impact on the morbidity situation in the country.

Zarosylo, Volodymyr et al, ‘Legal Measures in Ukraine to Restrain the Spread of the Coronavirus Disease’ (2023) 7(1) Bratislava Law Review 101–112
Abstract: The article is devoted to the analysis of administrative and other measures in Ukraine aimed at reducing the number of coronavirus disease. Considerable attention is paid to administrative proceedings in the context of the spread of coronavirus disease. The state of the legislation that exists today in Ukraine is analysed. It is noted that most of the regulations are quite positive and in compliance with their requirements, it was possible to stop the spread of coronavirus disease. However, despite the fact that the number of infected people has decreased significantly compared to previous years, the risk that the coronavirus will gain momentum remains high. The reasons for this phenomenon in most cases are, firstly, non-compliance with the requirements of quarantine, wearing masks and other measures, and secondly, the small number of people who are vaccinated and thus spread the coronavirus. This problem is global, it is probably necessary to develop appropriate regulations at the United Nations level and implement the requirements of such regulations in the legislation of all countries.

Zinichenko, Vladyslav, ‘The COVID-19 Pandemic as Another Pretext for Information Control: Case Studies of Belarus and Ukraine’ in Jędrzej Skrzypczak and Oscar Pérez de la Fuente (eds), Lessons for Implementing Human Rights from COVID-19 (Routledge, 2024)
Abstract: The beginning of 2020 was marked by reports of ‘atypical pneumonia cases’ in Wuhan, China (World Health Organization, 2020). At that time, the issue seemed distant and unimportant to the inhabitants of Eastern Europe. However, the situation began to change on 27 February, when the first case of the disease was recorded in Belarus. It was brought to the country by a student from Iran (Ministry of Health of the Republic of Belarus, 2020). Five days later, a similar situation occurred in Ukraine. In this case, the patient returned from Italy (Ukrinform, 2020). Since the circumstances in the world only worsened, the World Health Organisation declared the coronavirus a global pandemic (World Health Organization, 2020).

United Kingdom

Abdolahian, Omid and Mohsen Najafikhah, ‘Study of Changes in Company Law in the Coronavirus Pandemic From the Perspective of Theoretical and Legal Basis’ (2022) Journal of Law Research (advance article, published online 5 July 2022)
Abstract: The coronavirus pandemic experience showed that in pandemics and similar conditions, such as the spread of Infection, contamination or radiation which presents or could present significant harm to human health, it is difficult to enforce certain legal obligations governing companies. Agile legal systems quickly responded to these situations by changing their legal provisions and adapting to conditions. In this article, by comparative study of Iran and England laws and regulations, the theoretical foundations, legal basis and limits of state’s intervention in Company law in Coronavirus Pandemic are examined. This study shows that in coronavirus pandemic. In order to protect the public interest, UK government has adopted the approach of rapid and extensive intervention in the field of corporate law. Concession theory, more than other theoretical foundations of Corporate Law, justifies the theoretical basis of this vast and rapid state intervention and Public Health (Control of Disease) Act 1984 provided the legal basis for this intervention. Among the existing legal capacities, Iran’s legal system has used the capacity of Article 176 of the Constitution to respond quickly to public health threats in the Coronavirus Pandemic. But state intervention in Iran’s Corporate Law has been more limited.

Adami, Rebecca and Katy Dineen, ''Discourses of Childism: How COVID-19 Has Unveiled Prejudice, Discrimination and Social Injustice against Children in the Everyday.'' (2021) 2(29) International Journal of Children's Rights 353-370
Abstract: Do children suffer from discriminatory structures in society and how can issues of social injustice against children be conceptualised and studied? The conceptual frame of childism is examined through everyday expressions in the aftermath of policies affecting children in Sweden, the UK and Ireland to develop knowledge of age-based and intersectional discrimination against children. While experiences in Sweden seem to indicate that young children rarely suffer severe symptoms from COVID-19, or constitute a driving force in spreading the virus, policy decisions in the UK and Ireland to close down schools have had detrimental effects on children in terms of child hunger and violence against children. Policy decisions that have prioritised adults at the cost of children have unveiled a structural injustice against children, which is mirrored by individual examples of everyday societal prejudice.

Adams, Helen and Richard Morley, 'Taxing Excess COVID-19 Support Payments' (2020) (1499) Tax Journal 12-15
Abstract: Discusses HMRC’s powers to recover payments under the coronavirus job retention scheme and self-employment income support scheme to taxpayers who were not entitled. Considers HMRC assessments, penalties, and what taxpayers should do if they find there has been a mistake.

'Adapting Agricultural and Primary Production Operations during COVID-19' (2020) (277) Farm Law 10-13
Abstract: Sets out Government guidance on working safely in the agricultural sector during the COVID-19 pandemic and Food Standards Agency guidance, which focuses on the hygiene processes and requirements that must be followed to safely operate food or feed businesses.

Agius, Raymond M. et al, ''Protection from covid-19 at work: health and safety law is fit for purpose'' (2021) (375) BMJ n3087
Abstract: Most of the serious shortcomings in protection of workers and others from contracting covid at work arise from the authorities and many employers ignoring legislation and precautionary principles as well as inadequate enforcement, rather than from the existing law being unfit for purpose.

Ahmed, Masood, 'Alternative dispute resolution during the Covid-19 crisis and beyond' (2021) 1(32) King's Law Journal 147-15

Al Majed, Bashayer and Abdulaziz Al Majed, ‘Frustration v Imprévision, Why Frustration Is so “Frustrating”: The Lack of Flexibility in the English Doctrine’s Legal Consequence’ (2024) 45(1) Liverpool Law Review 25–48
Abstract: The COVID-19 pandemic and subsequent economic restrictions have placed many contractual parties under great strain to honour their agreements as contracts have become commercially impracticable and excessively onerous. This article explores the legal position in England, France and the Middle East under the doctrine of impossibility, impracticability and unforeseen circumstances. Strongly rooted in contractual autonomy and commercial certainty, this article argues that frustration in English common law is not sufficiently broad because the consequence (automatic discharge) is too rigid and does not allow a renegotiation of obligations. French civil law is more accommodating but only formally adopted imprévision in civil law in 2016, meaning it lacks traction. However, Middle Eastern civil law countries accept the doctrine as an integral part of their law and theory of justice, allowing obligations to be rebalanced in a more flexible manner. The English legal system should consider the advantages of a similar reform.

Al-Astewani, Amin, ''To Open or Close? COVID-19, Mosques and the Role of Religious Authority within the British Muslim Community: A Socio-Legal Analysis'' (2021) 1(12) Religions Article 11
Abstract: A whirlwind of developments have unfolded in the UK since the emergence of the COVID-19 pandemic, which has subsequently instigated an intensely animated debate among British Muslim religious leaders about the contentious and sensitive topic of mosque closure, producing a rich and sophisticated spectrum of responses. These responses emerged within the dramatic global background of an imminent closure of Islam’s most cherished mosque to international pilgrims, namely the sacred precinct in Mekkah. The stakes were, therefore, high for British Muslim religious leaders considering mosque closure, facing the stark dilemma of compromising the sacrosanct status of the mosque and congregational worship in Islam or putting the lives of British Muslims in their hundreds of thousands at risk. This paper seeks to analyze the role of religious authority within the British Muslim community through the lens of the responses of the community’s religious leaders to the COVID-19 closure of mosques. It builds upon a Special Issue published by this journal on leadership, authority and representation in British Muslim communities. The issue of COVID-19 mosque closure in the UK presented an excellent case study for this papers analysis, manifesting as it does the dynamic way in which religious authority in the British Muslim community continues to evolve. This paper thus seeks to use this case-study to further enrich the literature on this topic.

Ali, Younis Salahuddin, ‘The Civil Liability from Medical Negligence of Doctors Treating Complications of Coronavirus in the English Law / A Comparative Study with the Iraqi Civil Law’ (2023) 6(1) International Journal of Law and Society 1-9
Abstract: The Author has tried hard in this study to make a logic comparison between two different legal systems. That is to say the English common law, considered the leading system among other Anglo-American ones. And the Iraqi civil law highly affected and influenced by both the Islamic jurisprudence and the Egyptian civil law. It is worth-bearing in mind that the English common law includes many types of torts and the civil liability arising from them, including the tort of negligence in general. The general principles applied to which, can also be applied to medical negligence in particular. After the wide-spread dissemination of the coronavirus the British national health services organ (NHS) has given the cases of the doctor’s treating the complications of this pandemic an ultimate importance. And the English courts based the civil liability arising from the medical negligence on three basic elements: the duty of care taken by doctors, the breach of this duty, and the damage suffered by patients. As well as the causation or the causal link between the tort of negligence and the damage or injury. Whereas the Iraqi civil law No. (40) of 1951 deals with the problems related to the civil liability arising from medical negligence of treating patients from coronavirus pandemic, by resorting to the general rules of the civil liability from the illegal act, which is based upon three basic elements: the trespass or transgression committed by the wrongdoer, the damage suffered by the victim and the causal link between them. As opposite to the Egyptian civil law No. (131) of 1948, which considers the first element of this liability as the fault rather than the trespass or transgression. After discussing the attitudes adopted by both the English and Iraqi laws, the author recommends that the Iraqi legislator should adopt the attitude taken by the English law, and let the Act of God deny both the fault element and the causation element of the civil liability arising from medical negligence. And also let the plea volenti non fit injuria deny both the fault element and the causation element of the civil liability of the defendant doctor arising from medical negligence.

Almand, Ken and Paul Daly, 'Transfer Pricing Implications of COVID-19' (2020) (1494) Tax Journal 15-18
Abstract: Discusses aspects of transfer pricing policies which groups should review if the coronavirus pandemic has affected profitability. Considers supplies of services, limited risk distribution or contract manufacturing of goods, intellectual property licensing, and intercompany financing.

Anderson, Beth, 'In-house, From Home' (2020) 5(65) Journal of the Law Society of Scotland 36-37
Abstract: Presents the experiences of new ways of working in response to the COVID-19 lockdown described by in-house lawyers in a series of virtual round tables, which highlighted themes of collaboration, positivity and finding a way forward.

Antoniou, Nicola et al, ''Royal Holloway, University of London and the Afghanistan and Central Asian Association: New Partnerships and Challenges During COVID-19 in the Clinical Legal World'' (2020) 4(27) International Journal of Clinical Legal Education 155-178
Abstract: In January 2020, Royal Holloway, University of London set up a new Legal Advice Centre offering free legal advice to the local community, including building upon key partnerships to address unmet legal needs. This practice-paper discusses Royal Holloway’s Legal Advice Centre (LAC) and the Afghanistan and Central Asian Association’s (ACCA) collaborative approach and response to the global pandemic since March 2020. It will highlight the unprecedented challenges that they have faced, and their efforts to overcome them. In addition, the paper will discuss their research project, which provides Royal Holloway’s student volunteers with the opportunity to gain unique multidisciplinary understandings of the effect of the pandemic in Afghanistan, and a chance to put their legal skills into practice by producing legal information to support local users of both Royal Holloway’s LAC and the Law Clinic at the ACAA.This practice-paper includes a road map to Royal Holloway’s long-term goal, namely, to work with ACAA to research the legal vulnerabilities of women in Afghanistan, with the aid of a research grant supporting international collaboration. Recent reports highlight that lockdown and quarantine measures will have a long-term impact on the basic rights and freedoms of Afghan women, who already face hardship.

Antova, Ivanka, ''Disability and COVID-19: improving legal and policy responses through grassroots disability ethics'' (2021) S1: Supplementary Issue on COVID-19(72) Northern Ireland Legal Quarterly 91-116
Abstract: The emergency legal and policy responses to COVID-19 attempt to avoid discrimination against disabled people. But they do not address deeper ableist and disableist narratives and practices embedded in emergency health policy. Adopting a disability ethics approach to the guidelines that emerged during the COVID-19 pandemic shows that they rest on dubious ethical grounds. However, emergency legal and policy responses to COVID-19 can be improved by adopting an approach based on disability ethics principles that emerge from grassroots level.

Antova, Ivanka, ''Disability Rights During COVID-19: Emergency Law and Guidelines in England'' (2020) 4(28) Medical Law Review 804-816
Abstract: Disabled people may be disproportionately impacted by the response to the COVID-19 outbreak because of the kinds of countermeasures needed to tackle

Ashford, Chris and Mark O’Brien, ‘Counter-Cultural Groups in the Age of Covid: Ravers, Travellers and Legal Regulation’ (2022) 86(4) The Journal of Criminal Law 241–255
Abstract: The Covid-19 pandemic once again brought into sharpened focus the contested relationships of marginalised groups in the criminal law sphere, and the liminal (re-)regulation of space. Over the course of the last four decades, the law has borne witness to an episodic yet regular intertwining of the fortunes of arguably two elements of Britain’s counterculture: ravers and travellers, specifically ‘new age’ travellers. The two groupings of peoples have had a long, complex and often uncomfortable and fractious relationship both with English law, and also its enforcement agencies. This is perhaps particularly evident in the criminal law provisions and sometimes questionable enforcement of the Public Order Act 1986 and the Criminal Justice and Public Order Act 1994, through to the social and environmental provisions of the Caravan Sites Act 1968, Entertainments (Increased Penalties) Act 1990, and subsequent provisions., Both the groupings of ravers and travellers have been faced with a series of legislative and administrative measures that, directly or indirectly, curtail or otherwise restrict their choices as to activities, lifestyles and behaviours. The article analyses how the impact of the Covid-19 pandemic has led to some long-established legal and regulatory themes being once again played out in relation to these two counter-cultural groups.

'Automation, the March of the "Digital Giants" and the Future of Work Examined in Covid-19 Rapid Review' (2020) August() Computers and Law 10-11
Abstract: Examines a rapid review by the Future of Work Commission and the Institute for the Future of Work on how working conditions might change after COVID-19, which: makes recommendations including on good work strategy, providing security to protect people’s futures, and creating, protecting and measuring good work; and details five trends shaping the future of work including the accelerated adoption of technology and automation and the increased power of tech giants.

Bailey, Diggory, ''Judicial Anticipation of Legislation'' (2020) () Statute Law Review Article hmaa014 (advance article, published 5 august 2020)
Abstract: This note considers Re: A Company (Injunction to Restrain Presentation of Petition) [2020] EWHC 1406 (Ch) and Travelodge Ltd v. Prime Aesthetics Ltd [2020] EWHC 1217 (Ch) in the context of earlier case law and looks at the circumstances in which the courts have shown a willingness to have regard to the likelihood of future legislation. Note: the litigation concerns a press release by the Secretary of State for Business, Energy and Industrial Strategy on 23 April 2020 which announced certain proposals designed to mitigate the effects of the Covid-19 pandemic on businesses and the economy. The legislation in question is the Corporate Insolvency and Governance Bill (‘the Bill’) was introduced into the House of Commons on 20 May 2020.

Baksi, Catherine, 'Access denied' (2020) 6(163) Solicitors Journal 28-31
Abstract: Reports on the increasing number of litigants in person (LiPs) in family and civil proceedings, and the disadvantages for those representing themselves in criminal proceedings. Notes additional problems created by remote hearings during the COVID-19 crisis.

Baldwin, Guy, ‘The Coronavirus Pandemic and Religious Freedom: Judicial Decisions in the United States and United Kingdom’ (2021) 26(4) Judicial Review 297–320
Abstract: Restrictions imposed by governments in response to the spread of the novel coronavirus SARS-CoV-2 have presented a human rights challenge around the world. The difficulty of balancing public health against human rights has been particularly acute in relation to freedom of religion, as measures limiting attendance at places of worship or requiring their temporary closure have been challenged in the courts. This article analyses judicial decisions in the US and UK that have considered the lawfulness of restrictions on places of worship. Although the legal approaches to assessing violations of freedom of religion in the US and UK are different, both approaches have led to the similar result of courts taking issue with the imposition of certain public health restrictions on places of worship.

Bancroft, Kate, ''Domestic Violence Legislation, Virtual Legal Methods and Researching One Female Teacher’s Lived Experiences of Recovery from Intimate Partner Violence During the COVID-19 Global Pandemic'' (2021) 1(1) Journal of Legal Research Methodology 84-109
Abstract: Throughout the coronavirus pandemic, the value of online qualitative research methodologies are increasingly being recognised within violence/abuse and legal research, but few academic papers explore the process of undertaking research wholly online which explores the intersect of both legal research methods and the exploration of the lived experiences of domestic abuse victims. For the potential of legal and domestic scholarly work to be fully recognised within academic publications and teaching, appropriate consideration of methodological issues surrounding qualitative online research methodologies is needed. This paper reflects on the experiences of one domestic abuse researcher undertaking online research during the UK’s national COVID19 lockdown when government legislation meant most socio-legal academics were restricted to conducting all research from their homes. This paper highlights the process where choosing the data collection online method (Microsoft Teams) was carefully considered to provide rich data insights that would help explore the research question under investigation. Online Microsoft Teams interviews were a successful method of undertaking scholarship examining one victims’ experience and its interconnectedness with the law. This was since they provided an in-depth understanding of the topic undertaken in a deeply private setting where a lack of face-to-face interaction seemed to enhance the richness of the data shared. The paper includes a total of five reflections are offered to help future researchers considering, and undertaking, online interviews within the field of domestic violence and legal research.

Barker, Kim, Enrique Uribe-Jongbloed and Tobias Scholz, ‘COVID-19 and the “Myriad”: A Comparative Assessment of Emergency Responses from Europe and South America’ (2021) 1(1) Legalities 116–143
Abstract: The COVID-19 pandemic has highlighted – across intricate borders, different geographies, and legal jurisdictions – that there is only so much that can be done in the way of governance to tackle the challenge posed by a virus. The pandemic is a global problem, one which has affected almost every country in significant and seldom-felt ways. Governments have been forced to react, to respond with emergency measures, temporary rules and legislation, and impose restrictions on freedoms. It has brought to the fore a range of responses, locally, regionally, nationally, and internationally. What is particularly evident across the unfolding of the pandemic is the divergent approaches in introducing governance measures to control behaviour, to share data and information, and to report on the pandemic while holding decision-makers to account. Much of the reporting of government reactions to the pandemic has focussed on emergency restrictions, lockdowns, the suspension of ‘normal’ gatherings, public health data, and tracing apps. Each of these is bundled up with concerns over the interferences with freedoms, a lack of scrutiny and holding to account of governance bodies and lawmakers, and privacy concerns. The new ways of working, governing, and communicating emergency rules is a COVID-19 legacy for governments, but is it one that will shift our expectations? The balance between fundamental freedoms has been – to an extent – pitted against the public health agenda and the nature of the emergency response by governments across the world, but particularly in Germany, the UK, and South America. This article explores the nature of the government responses through emergency measures (and restrictions) and tracing programmes in three countries: Germany, the United Kingdom, and Colombia. The assessment – and comparison – of three countries, across two diverse regions – offers a unique discussion from the perspective of pandemic responses to the COVID-19 emergency. The pandemic itself provides an opportunity to compare countries, governance responses, and legalities that may not otherwise be possible. The myriad of responses seen throughout the pandemic offers a unique opportunity for comparative discussion – this paper provides that discussion, but in so doing, assesses whether it is possible to recommend a ‘one size fits all’ approach to governance emergencies.

Barnes, Matthew, ‘Coronavirus: What Now for the Global Economy and Financial Markets?’ (2020) 5 Wolverhampton Law Journal, 31–46
Abstract: The novel coronavirus has spread exponentially across the globe impacting many aspects of life and it continues to do so at an alarming pace. There are several concerns that stem from this pandemic such as when a vaccine will become available and the impact that it will have on human life. While the paramount concern is, without doubt, to conserve and protect life, there are other implications that should be acknowledged of which this paper is directed toward; the economy and financial markets. This paper will take a two-pronged approach focusing on the effects of the economy and financial markets; and looking to the future. Therefore, the focus of this paper is to illustrate the effects on the economy and financial markets during the beginning and heightened stage of the pandemic, including an up-to-date account, in three large economies, namely the UK, US and Japan. This will be followed by an observation of what the future holds taking into account financial stimulus packages, financial markets and the potential for financial crises. Data, literature and commentary from Governments, global organisations and other key entities will be included.

Barrett, Fiona, ‘Judicial Review and Public Inquiries: Procedure, Case Studies and Some Observations on the (Long) Covid Inquiry’ (2022) 27(4) Judicial Review 288–298

Barrett, Nick, 'Straws worth clutching at' (2020) 6(31) Construction Law 1
Abstract: Discusses the views of economic forecasters on how the economy will respond following the COVID-19 lockdown, and the renewed focus of the UK and devolved governments on infrastructure investment. Highlights research by Turner & Townsend on the impact of COVID-19 on the construction industry and how it may be able to improve productivity through smarter working practices.

Bates, Justin, 'Housing During Lockdown' (2020) 4(23) Journal of Housing Law 68-71
Abstract: Reflects on the problems of housing provision during the coronavirus pandemic, and potential solutions. Examines the measures for combating homelessness, highlighting the uncertainties over eligibility and the importance of guidance on priority need. Discusses the temporary suspension of possession proceedings, the lack of clarity over future policy when lockdown is lifted, and the pressures on private landlords regarding gas safety inspections.

Beale, Hugh and Christian Twigg-Flesner, 'COVID-19 and English Contract Law' in Hondius, Ewoud et al (eds), 'COVID-19 and English Contract Law'' (Intersentia, 2020)
Abstract: The narrow doctrine of frustration in English Contract law (under which the parties’ outstanding obligations are discharged automatically) applies only when performance of a contract is impossible because of a change in circumstances. Although much-discussed, “frustration of purpose” applies only when the change has defeated the purpose for both parties and has very seldom been applied. Pre-COVID-19 law contains a few exceptions, but mostly for consumer contracts. The measures taken to relieve parties affected by COVID-19 do not involve any significant changes to contract law. Changes relevant to contracts involve delaying enforcement procedures or changes to the Financial Conduct Authority’s regulatory requirements to provide for “payment holidays” for consumer credit or other financial services. Limited changes to contract law may emerge, but no significant permanent changes.

Beale, Hugh and Christian Twigg-Flesner, 'COVID-19 and Frustration in English law' in Long, Sergio Garcia (eds), 'COVID-19 and Frustration in English law'' (Pontificia Universidad Católica del Perú, 2020)
Abstract: In this chapter, we explore the ways in which the impact of COVID-19 on the performance of contracts would be dealt with under the doctrine of frustration in English law. Starting with the strict obligation to perform a contract, we outline the elements of the doctrine of frustration, including the operation of the Law Reform (Frustrated Contracts) Act 1943 and the possibility of contracting out of the Act. We then examine permanent, temporary and partial impossibility more closely. We also consider the relevance of force majeure and MAC clauses. We then identify elements of the doctrine of frustration which might be open to further development in the wake of the COVID-19 pandemic, although we do not anticipate significant changes to the law.

Beard, Jacqueline, ''Coronavirus: Prisons (England and Wales)'' ( No Briefing Paper No 8892, 18 January 2020)
Abstract: On 27 April 2020 the Justice Secretary said that the numbers of coronavirus cases and deaths in prisons were lower than had been originally predicted and that prisons were coping and dealing well w…

Bedford, Becket, 'Covid-19, Brexit and borders ... what does it mean for the UK?' (2020) () Lawyer (Online Edition) 1
Abstract: The article offers information on the challenges faced by the Great Britain's citizens. It discusses the impact of the coronavirus outbreak, along with information on the free to test new arrivals for Covid-19 at the airport in the Great Britain. It mentions the challenges faced by the citizens in the Great Britain in Europe due to the Brexit, along with mentions on the European law.

Bedford, Kate, ‘Gambling in the Moral Economy: A Case Study of Law and Regulation in a Pandemic’ (2022) 3(2) Journal of Law and Political Economy 351–392
Abstract: This article adapts the concept of the moral economy and applies that adapted concept to UK gambling regulation during the early years (2020-21) of the COVID-19 pandemic. I extend the moral economy concept beyond the eighteenth-century English food riot, and beyond food staples. I also examine the role of law and regulation in the moral economy and highlight charity’s importance to moral economy debates. I then consider gambling through a moral economy lens by exploring the pandemic-era regulation of horserace betting, lotteries, and bingo. I show that gambling in some forms (horserace betting and lotteries) was important to pandemic recovery projects and to spectacles of national coming together. Via lotteries, for example, the state sought to adjust customary expectations about the role of volunteers in providing essential services. Although regulators generally ignored bingo, there was a pandemic resurgence in self-organized games that is especially significant for work on the moral economy. I conclude by identifying some broader implications of this study, including on how essentiality is legally constructed, and on charity and volunteering within the moral economy.

Beynon-Jones, Siân, Emily Grabham and Nadine Hendrie, ‘“The Rules Are All over the Place”: Mass Observation, Time, and Law in the COVID-19 Pandemic’ (2023) 50(3) Journal of Law and Society 369–391
Abstract: This article analyses practices of pandemic time making that surrounded the imposition and communication of laws restricting daily life in parts of the United Kingdom in spring 2020. With colleagues, we commissioned a Mass Observation Project directive in summer 2020, asking contributors about their everyday experience of time during the COVID-19 pandemic. We analyse how legal temporalities emerge across 228 responses. Initially, law making seemed belated, missing the disruptive temporalities of the pandemic. Once they arrived, pandemic rules were sudden, changeable, and confusing. Mass Observation writers forged clusters of improvised practices – tactics of anticipation – to cope with these unsettling temporalities. Meanwhile, the Hansard Society, the Joint Committee on Statutory Instruments, and legal commentators argued that ‘fast-track’ pandemic law making was error ridden, putting the public at risk of unwitting criminal liability. Attentive to ‘polyrhythmic’ temporalities operating across fields of experience and action, our study underlines the contradictory qualities of apparently resonant constructions of legal time.

Bernstein, Adam and Paul Taylor, 'Coronavirus update: Actions for business to consider' (2020) 3(44) Company Secretary's Review 3-16
Abstract: Examines COVID-19-related developments that businesses should consider: HMRC’s aim to recoup monies falsely and fraudulently claimed under the Coronavirus Job Retention Scheme; Government support for businesses facing eviction due to the impact of the coronavirus; the Government-supported Bounce Back loan; and the effect of the Corporate Insolvency and Governance Act 2020.

Bewley, Amanda, 'Mental health awareness and suicide prevention in the family justice system: a different COVID-19 issue' (2020) July(50) Family Law 795-798
Abstract: Discusses the issue of suicide prevention in the specific context of the family justice system and the need for training in how to respond to suicidal litigants. Considers the effect of the coronavirus pandemic on the well-being of both practitioners and clients.

Bhatta, Snigdha, ''Revisiting Force Majeure in the COVID-19 Pandemic: A Global Perspective'' (2020) July(27) NEPCA Bulletin 10-17
Abstract: The present paper attempts to explore the legal trajectory of the force majeure doctrine, and discuss the extent of immunity offered by a force majeure clause in light of the pandemic. It will draw distinctions between the doctrine of force majeure and the doctrine of economic hardship, legal maxims that are often used interchangeably. The paper will also shed light on whether the said immunity can be claimed when there is no force majeure clause in the contract and will do so against the background of Nepalese law, Indian law, US law and UK law.

Bicknell, Rachael, 'ODR: The next leap forward' (2020) 5(65) Journal of the Law Society of Scotland 26
Abstract: Discusses the benefits of online alternative dispute resolution (ODR) as part of measures globally to support individuals and businesses affected by the COVID-19 pandemic, and how ODR gives lawyers in Scotland an opportunity to better serve their clients where litigation through the Scottish courts is disproportionately expensive, slow and uncertain.

Bolton, Paul and Susan Hubble, ''Coronavirus: Easing lockdown restrictions in FE and HE in England'' (House of Commons Library Briefing Paper No 8932, 02 January 2020)
Abstract: This House of Commons briefing paper discusses the impact of easing lockdown restriction on the FE and HE sectors in England. The paper outlines issues such as: re-opening campuses, prospective students numbers in 2020/21, temporary students numbers controls and delivery of courses in 2020/21. It also highlights issues such as the impact on graduate employability and the lack of catch up funding for FE colleges.

Bolton, Paul and Susan Hubble, ''Coronavirus: Implications for the Higher and Further Education Sectors in England'' (House of Commons Library Briefing Paper No 8893, 17 January 2020)
Abstract: This House of Commons library briefing paper gives a brief overview of the possible impact of the coronavirus pandemic on the further and higher education sectors on England. It outlines the implications for funding and recruitment of students and sets out issues of concern to students.

Bowes, Ashley, 'Emergency COVID-19 grants to help heritage projects unveiled' (2020) 9() Journal of Planning and Environment Law 983-984
Abstract: Highlights the announcement by Historic England that grants from the COVID-19 Emergency Response Fund will be made to 70 heritage projects. Details the purpose of the grants, the maximum amounts available, and the types of project that have benefitted, including Aldeburgh’s heritage collections and the Mary Rose Museum in Portsmouth.

Bozza, James, ‘Stimulating Fraud: Comparing the Effectiveness of Fraud Recovery Mechanisms Between the United States and the United Kingdom Through the Lens of Public COVID-19 Expenditures’ (2024) 52(2) Georgia Journal of International & Comparative Law 462-478
Abstract: Fraud committed against the U.S. government is one of the largest costs that taxpayers must bear. The False Claims Act has been the most effective monetary fraud recovery mechanism in history. The question remains, however, of if it will continue to be as useful given modern trends of increased spending. An analysis of the U.S. fraud recovery model compared to the United Kingdom through the lens of Covid-19 expenditures demonstrates both the strengths and weaknesses of the U.S. model and provides reasoning for legislative alteration.

Brewster, Ben et al, ‘Covid-19 and Child Criminal Exploitation in the UK: Implications of the Pandemic for County Lines’ (2023) 26(2) Trends in Organized Crime 156–179
Abstract: In March 2020, the UK was placed in lockdown following the spread of the Covid-19 virus. Just as legitimate workplaces made changes to enable their employees to work from home, the illicit drugs trade also made alternative arrangements, adapting its supply models to ensure continuity of operations. Based upon qualitative interviews with 46 practitioners, this paper assesses how front-line professionals have experienced and perceived the impact of Covid-19 on child criminal exploitation and County Lines drug supply in the UK. Throughout the paper, we highlight perceived adaptations to the County Lines supply model, the impact of lockdown restrictions on detection and law enforcement activities aimed at County Lines, and on efforts to safeguard children and young people from criminal exploitation. Our participants generally believed that the pandemic had induced shifts to County Lines that reflected an ongoing evolution of the drug supply model and changes in understanding or attention because of Covid-19 restrictions, rather than a complete reconstitution of the model itself. Practitioners perceived that Covid-19 has had, and continues to have, a significant impact on some young people’s vulnerability to exploitation, on the way in which police and frontline practitioners respond to County Lines and child criminal exploitation, and on the way illegal drugs are being moved and sold.

Brown, Jennifer, ''Coronavirus: Parliamentary consent for the lockdown in England'' (House of Commons Library, Insight No , 04 January 2020)
Abstract: This insight explains why MPs are now considering a motion to approve the legislation that underpins the current lockdown in England.

Brown, Jennifer, Sarah Barber and Daniel Ferguson, ''Coronavirus: the lockdown laws'' (House of Commons Library, Briefing Paper No 8875, 06 January 2021)
Abstract: This Commons Library briefing paper describes the law enforcing the UK’s coronavirus lockdown. It discusses police enforcement of the lockdown and legal commentary of the lockdown rules.

Brown, Lucinda and Alexander Morgan, 'A Welcome Update?' () October(217) Trusts and Estates Law & Tax Journal 4-11
Abstract: Comments on proposed temporary legislation to allow wills to be witnessed by video conference without witnesses’ physical presence. Discusses best practice for executing such a will, and for solicitors to show compliance with their obligations. Examines disputes which may arise about such wills.

Bryden, Chris and Georgia Whiting, 'To terminate or not to terminate, that is the question' (2020) 6(31) Construction Law 27-29
Abstract: Examines case law on the right of an innocent party under common law to treat a contract as repudiated where there is no express termination clause; what amounts to a repudiatory breach; how the innocent party can minimise the risk of being found to be in repudiatory breach of contract themselves; and how the risk of losing the right of election can be minimised including where a potential repudiatory breach is cured prior to purported repudiation.

'Building contract law: hindrance to the provision of services by COVID-19' (2020) 9 (April) Lawyer (Online Edition) 1
Abstract: The article focuses on the impact of Covid-19 pandemic on construction law. It mentions consequences of this for construction projects depend on the work contracts. It also mentions that for difficulties that arise for a contractor as a result of COVID-19 force majeure he can therefore generally not claim any additional costs, and the contractor is also not entitled to adjust the contract on this basis.

Burrows, David, 'Has the lockdown changed green regulation for good?' (2020) (546) ENDS Report 8-9
Abstract: Reports on how the environmental regulation bodies of England, Wales and Scotland changed their working practices but continued to carry out their obligations during the coronavirus pandemic. Examines whether new approaches based on technology will continue to be useful in the long term.

'Business and Planning Act 2020' (2020) (277) Farm Law 1-4
Abstract: Outlines the effect of the Business and Planning Act 2020, including provisions which may have relevance for farmers who serve food in farm shops with seated tables and similar arrangements.

'Business Interruption Clarification' (2020) 7902(170) New Law Journal 5
Abstract: Notes Financial Conduct Authority v Arch Insurance (UK) Ltd (Comm), a test case on business interruption insurance claims arising from the coronavirus pandemic.

Byrom, Natalie, Sarah Beardon and Abby Kendrick, ‘Rapid Review: The Impact of COVID-19 on the Civil Justice System: Report and Recommendations’ (Report, Civil Justice Council and Legal Education Foundation, June 2020) 1–93
Abstract: This review was undertaken by the Civil Justice Council between 1-15 May 2020. The aim of the review was: • To understand the impact of the arrangements necessitated by COVID-19 on court users. • To make practical recommendations to address any issues over the short to medium term. • To inform thinking about a longer-term review. The Report’s findings include: • Understanding the context for remote hearings under COVID-19 • Remote hearings under COVID-19—The experience of lawyers • Remote hearings during COVID-19—Satisfaction with hearings • Understanding remote hearings under COVID-19—The experience of lay users • Remote hearings under COVID-19—The impact on open justice The Report also makes recommendations for recovery and managing the backlog of cases.

Caine, Catherine A., ''Applying for development consent during lockdown: The Sizewell C Nuclear Power Station'' (2020) 2(22) Environmental Law Review 81-84
Abstract: Considers the application by the Sizewell C Nuclear Power Station for development consent during the coronavirus pandemic, whether full public consultation on the matter is possible, and why action is needed by the Planning Inspectorate to ensure such consent is preserved during restrictions.

Campbell, Meghan, ‘The Proportionality of an Economic Crisis’ in Shreya Atrey and Sandra Fredman (eds), Exponential Inequalities: Equality Law in Times of Crisis (Oxford University Press, 2023) 79–118
Abstract: Is imposing income poverty on vulnerable groups a proportionate response to an economic crisis? The regularity of ‘unprecedented’ fiscal emergencies means the United Kingdom (UK) Supreme Court has repeatedly been asked this question. It has accepted that the austerity measures implemented in light of an economic crisis are indirectly discriminatory against women, children, and disabled persons. However, these inequalities are justified in pursuit of economic recovery. The violation of the right to equality is permitted through a highly deferential light-touch limitation review. The justification analysis ignores the role of the economic crisis in prompting the welfare reforms and, echoing the political rationale for austerity, overemphasizes the recklessness of unchecked welfare spending. This chapter rebalances the limitation arguments by placing the need for discriminatory austerity policies within its full context. A more searching justification analysis, which uses a high intensity proportionality framework, can accurately account for the economic emergency. This in turn shifts the focus at justification away from the perceived overdependence of welfare recipients and towards questioning whether it is fair to ask the most vulnerable and marginalized to bear the costs of the crisis. Taking seriously the role of the economic crisis in perpetuating inequalities can challenge the accepted political–economic orthodox narrative and call into question whether the discrimination against protected groups who live in poverty can be justified in the name of austerity.

Campbell, Meghan, Sandra Fredman, and Aaron Reeves, ''Palliation or protection: How should the right to equality inform the government’s response to Covid-19?'' (2020) 4(20) International Journal of Discrimination and the Law 183-202
Abstract: This article examines what role equality law can play in addressing the inequalities created and exacerbated by the British government’s response to the Covid-19 pandemic. We argue that while there is great potential in existing legislation, there is a need for both policy-makers and courts to apply a more searching and nuanced understanding of the right to equality if this potential is to be realised. We begin by examining how the burdens of confronting this pandemic as a society fall more heavily on those already at the bottom end of the scale of inequality. We then ask whether and to what extent the current legal structures protecting the right to equality can be mobilised to redress such inequalities, paying particular attention to the Public Sector Equality Duty under the Equality Act 2010 and on the Human Rights Act 1998. Finally, we argue that, to fulfil the requirements of both these legal duties, the courts should subject policies and practices to close scrutiny under the four-dimensional approach. When making and operationalising policies around Covid-19, substantive equality requires account to be taken simultaneously of the four dimensions of inequality to the greatest extent possible.

Cannon, Josef and Cristina Howick, 'Disinfectant' (2020) 9() Journal of Planning and Environment Law 979-982
Abstract: Discusses, using an analogy with disinfectant’s role in combating COVID-19, the potential effects of the coronavirus pandemic on UK housebuilding targets. Reflects on the cessation of housebuilding, the likelihood of recession, and whether a “tilted balance” would help the planning system to deliver homes. Considers whether planning permission actually results in new houses, and the arguments for relaxing the ban on green belt development.

Carby-Hall, Jo, ‘Covid-19 under the Prism of Philosophical Beliefs in British Discrimination Law’ [2022] (4) Revue de droit comparé du travail et de la sécurité sociale 214–219 < >
Abstract: The Claimant in the case of X against the Respondent Y complained of unlawful discrimination by reason of the protected characteristic of religion or belief under section 10 (2) of the Equality Act 2010.

Cathaoir, Katharina Ó and Christie MacColl, ‘COVID-19 Restrictions in Ireland and Northern Ireland: A Comparison of the Legal Framing of Reasonableness’ (2022) 73(2) Northern Ireland Legal Quarterly 234–259
Abstract: In 2020, Ireland and Northern Ireland implemented separate legislative strategies to tackle COVID-19, despite the island comprising a single epidemiological unit. This article evaluates and contrasts the framing of ‘reasonable excuses’ in the regulations adopted by Ireland and Northern Ireland between March and December of 2020. It submits that the rejection of an ‘all-Ireland’ approach, side by side lack of effective regulatory coordination and enforcement, likely had implications for transmission in each state. The regulations have entailed far-reaching incursions on civil liberties, often without providing the public with a clear evidence base. The complexity of the legislation as well as conflicting government guidance, contributed to a climate of public confusion, which created subsequent difficulties for enforcement, notably in the border regions. Insufficient coordination undermined measures by allowing for loopholes to be exploited. The article reflects on the human rights implications thereof, focusing on transparency and proportionality.

Cave, Emma and Aisling McMahon, ‘Should States Restrict Recipient Choice amongst Relevant and Available COVID-19 Vaccines?’ (2023) 31(2) Medical Law Review 272–292
Abstract: Several COVID-19 vaccinations have been authorised worldwide. Whilst some vaccines are contraindicated for certain age groups or health conditions, there are often multiple clinically suitable authorised vaccine brands available. Few states have allowed recipients to choose amongst them, though there are multiple reasons why choice would be valued. We consider the policy justifications for state controls on recipient choice amongst COVID-19 vaccine brands, focusing on European countries and drawing on the UK context as an example. We contrast justifications for not offering choice at the height of the early pandemic crisis, and as some states seek to de-escalate their response and transition towards living with COVID-19. We argue that in the latter context public expectations of choice between available vaccine brands and platforms may rise, but that several considerations may justify continued restrictions on choice. A key factor which states should continue to take into consideration is the global nature of the pandemic. Insofar as offering recipient choice at a national level might exacerbate global inequity in vaccine distribution, states retain a normative and legal justification for restricting choice amongst available and clinically suitable vaccine brands.

Chandler, Alexander, 'Is coronavirus a Barder event?' (2020) June(50) Family Law 701-712
Abstract: Considers whether a coronavirus-related event is a Barder event justifying the re-opening of a final financial order. Reviews the applicable principles through five "Barder" cases. Looks at a range of possible Barder scenarios arising from the coronavirus pandemic. Outlines procedure for making a Barder application. Offers some thoughts on what to do regarding agreements which have not yet been made into orders.

'Chartered Governance Institute issues new guidance on shareholder meetings' (2020) 10(41) Company Lawyer 317-318
Abstract: Highlights the Chartered Governance Institute’s July 2020 publication of “Shareholder Meetings Under the Corporate Insolvency and Governance Act 2020”, updating its guidance on annual general meetings during the coronavirus pandemic. Details the organisations involved in producing the update, and summarises the issues it covers, including how shareholder meetings may be held under the 2020 Act, and companies’ rights to limit attendance.

Chen, Bruce, ‘COVID-19 Stay at Home Restrictions and the Interpretation of Emergency Powers: A Comparative Analysis’ (2023) 44(1) Statute Law Review Article hmac012
Abstract: The COVID-19 pandemic has created immense challenges for governments in their management of the public health response and tested the limits of public law. This article undertakes a comparative analysis of the common law jurisdictions of the United Kingdom, New Zealand, and Australia. It discusses the imposition of ‘stay at home’ restrictions pursuant to public health legislative frameworks, focusing on judicial scrutiny in the context of statutory interpretation. It examines the appellate cases of R (Dolan) v Secretary of State for Health and Social Care [2020] EWCA Civ 1605; [2021] 1 WLR 2326, Borrowdale v Director-General of Health [2021] NZCA 520; [2022] 2 NZLR 356, and Kassam v Hazzard [2021] NSWCA 299; (2021) 106 NSWLR 520.Using these case studies, this article seeks to reveal key themes and implications for public law. What approaches have the courts adopted to construe public health emergency powers? How have the courts treated ‘rights-based’ principles of statutory interpretation? Have the courts approached interpretation in the usual manner or displayed an unorthodox level of deference to other branches of government? The article concludes on what implications the judicial approaches have for the interpretation of emergency powers in the future.

Chiu, Iris HY, Andreas Kokkinis and Andrea Miglionico, ‘Addressing the Challenges of Post-Pandemic Debt Management in the Consumer and SME Sectors: A Proposal for the Roles of UK Financial Regulators’ (2022) 23(4) Journal of Banking Regulation 439–457
Abstract: Regulatory actions for short-term debt-relief during the Covid-19 pandemic are facilitating a significant level of indebtedness. We argue that regulators, in leaving the banking sector to manage small business and consumer debtors in ‘tailored arrangements’, risk allowing financial welfare goals to be unmet. Financial welfare goals are important to the Financial Conduct Authority’s (FCA) consumer protection objective and give substantive meaning to the long-term financial stability objective of the Prudential Regulation Authority (PRA). Although the struggles with debt on the part of small and medium-sized businesses and households are not capable of complete resolution by financial regulators, who are constrained by their statutory mandates, we argue that the PRA and FCA should establish a coordinated supervisory framework of ‘tailored supervision’ for banks’ ‘tailored arrangements’ with their debtors. This proposal allows both regulators to address to an extent the needs of unsophisticated post-pandemic debtors and meet their objectives in a joined-up and holistic manner.

Chiu, Iris, Andreas Kokkinis and Andrea Miglionico, ''Relief and Rescue: Suspensions and Elasticity in Financial Regulation, and Lessons from the UK's Management of the COVID-19 Pandemic Crisis'' (2021) 1(64) Washington University Journal of Law & Policy 63-112
Abstract: This Article analyzes the UK's approach to handling the economic impact of COVID-19, offering insight for developed financial jurisdictions embarking on regulatory suspensions. When existing law no longer meets overarching policy goals such as financial stability, regulators resort to the theorization of legal elasticity. This Article situates regulatory suspension within this theory analyzing the tensions, hazards, and accompanying decision-making frameworks. The authors make three proposals for deployment of legal elasticity by regulators: (1) evaluate institutional stability; (2) engage in relational paradigms with relevant agencies, entities, and stakeholders; and (3) establish ex ante frameworks for crisis management and the potential use of legal elasticity.

'CIArb: Mediation as a multidisciplinary practice' (2020) 7902(170) New Law Journal 22
Abstract: Examines the increasing demand for mediation as a means of addressing court backlogs in the wake of the coronavirus pandemic.

Cisneros, Ben, ‘Premiership Rugby’s Response to COVID-19: A Competition Law Analysis’ (2022) 20(1) Entertainment and Sports Law Journal Article 2
Abstract: Professional sport has undoubtedly been hit hard by COVID-19. Clubs and governing bodies have had to adapt rapidly to the public health emergency and have come under great financial and regulatory strain. Some sports have weathered the storm better than others, though, and professional rugby union experienced significant off-field turbulence, with wages reductions seen across the English Premiership. This article will examine the conduct of Premiership Rugby and its clubs during the COVID-19 crisis from a competition law perspective and will argue that, by acting in concert, Premiership and the clubs may have breached UK competition law.

'Civil Procedure (Amendment No. 5) (Coronavirus) Rules 2020 - Evictions Ban Extended to 20 September - England and Wales' (2020) (277) Farm Law 9
Abstract: Highlights comments by Cecily Crampin of Falcon Chambers on the effect of the Civil Procedure (Amendment No. 5) (Coronavirus) Rules 2020, concerning the ban on evicting residential tenants in England and Wales that was introduced due to the COVID-19 pandemic, which is to be extended to 20 September 2020.

Clark, Janet, ''Evaluation of remote hearings during the COVID 19 pandemic'' (HM Court & Tribunal Service, Research Report No , 12 January 2021)
Abstract: The COVID-19 pandemic resulted in a radical and swift transition to the widespread use of audio and video technology, to allow hearings to take place without all participants being present in court or tribunal buildings. At the start of the pandemic, HMCTS quickly increased the capacity to hold remote hearings. The VH service was not at a stage where it could be used at scale and Cloud Video Platform (CVP) was introduced as a contingency measure, alongside other platforms, to meet the unexpected demand. Under normal circumstances, these changes would have been developed, tested, and rolled out in phases, with a robust evaluation put in place. However, this was not possible due to the speed of the transition. Following an initial implementation review completed in August 2020 (see Annex A), a large-scale, in-depth evaluation was undertaken with some components being commissioned to IFF Research and other components being undertaken internally by HMCTS researchers. The evaluation aimed to understand who attended remote hearings, how public users, the judiciary, legal representatives, court and tribunal (HMCTS) staff, observers and support professionals (including intermediaries and interpreters) experienced remote hearings (before hearing, during hearing and shortly after the hearing) and the attitudes of these stakeholders towards remote hearings.

Clement-Davies, Christopher, 'The 2000 UK Sustainable Infrastructure Summit: Grounds for hope' (2020) (5) International Energy Law Review 65-67
Abstract: Reflects on the 2020 UK Sustainable Infrastructure Summit, held digitally in July 2020. Reviews the main themes addressed, including the optimism over the green agenda, the Government’s infrastructure prioritisation, the clear planning and co-operation needed to achieve the goal of net zero emissions by 2050, the opportunities the coronavirus pandemic offers for switching from fossil fuels, and the sustainability of the “mega-rail” projects.

Collins, Jason, 'COVID-19, Tax Policy and Climate Change' (2020) (1491) Tax Journal 8
Abstract: Calls for a coherent approach to tax and spending policy, to achieve the UK targets for reducing emissions and mitigating climate change, while facilitating economic recovery from the coronavirus pandemic.

Cooney, Sean et al, ‘OSH and the COVID-19 Pandemic: A Legal Analysis’ (Northeastern University School of Law Research Paper No 434, 26 April 2023)
Abstract: This study provides an analysis of how occupational safety and health (OSH) regulation responded to the circumstances of key workers during the COVID-19 pandemic. It explains the objectives of OSH regulation, including its main elements and how it has evolved over time. It draws from national country studies from Africa (Rwanda); Asia (China, Japan, Republic of Korea); Europe (Italy, Spain, United Kingdom); North America (United States) and South America (Brazil, Colombia) to explain how different jurisdictions address safety and health in their regulatory frameworks and how these frameworks operate in practice, including during the COVID-19 pandemic.

Cormacain, Ronan and Duncan Fairgrieve, ‘The United Kingdom Legislative Response to Coronavirus: Shotgun or Machine Gun’ in Nadav Morag (ed), Impacts of the Covid-19 Pandemic (Wiley, 2022) 79–97
Abstract: The United Kingdom’s (UK) response to the coronavirus pandemic has been rooted in law. The legislation has covered a huge scope of social and commercial life in the UK, from lockdown measures, international travel, financial support, and vaccines. This chapter assesses the British response to the pandemic in the context of the UK’s legal system and legislative processes. It describes the nature of the legal and institutional frameworks and the legislative response to the pandemic. The chapter addresses the use of emergency powers, and assesses restrictions on civil liberties and vaccination policy. It then details some problems posed by the manner in which the British pandemic response was handled within the framework of British law. A sunset clause is a provision in legislation that states that it will end or expire on a particular date. There are several variations on this general theme.

'Coronavirus (COVID-19): Cancellation and refund CMA August 202 Guidance' (2020) September() Corporate Briefing 8-12
Abstract: Summarises the Competition and Markets Authority (CMA) guidance published 28 August 2020 on whether consumers who paid in advance for goods or services, affected by the coronavirus pandemic, can cancel and claim refunds. Considers holidays, gym memberships, the difference between lockdown laws and Government guidance, and variation of contract.

'Coronavirus and Employment Law: Practical advice for employers' (2020) 17 (March) Lawyer (Online Edition) 1

'Coronavirus: Advice to Land Managers and Landowners' (2020) (275) Farm Law 6-8
Abstract: Reproduces government coronavirus guidance for land managers and landowners on managing access to land in the countryside, and refers to separate guidance on working safely outdoors.

'Coronavirus: Affordable Homes' (2020) 5(23) Journal of Housing Law D88-D89
Abstract: Notes the July 2020 announcement by the Ministry of Housing Communities and Local Government that owing to delays arising from the coronavirus pandemic, new-build housing financed by the Affordable Homes Programme may begin by March 2023, rather than the original date of March 2022.

'Coronavirus: Civil Procedure (Amendment No.2) (Coronavirus) Rules 2020 (SI 2020/582) Made: 9 June 2020 - In Force: 25 June 2020' (2020) 5(23) Journal of Housing Law D91
Abstract: Notes the passage of the Civil Procedure (Amendment No.2) (Coronavirus) Rules 2020, stipulating that previously stayed possession proceedings under the revised CPR r.55.29, together with new possession claims issued on or before 22 August 2020, are to be stayed until 23 August 2020. Highlights the range of claims to which the stay does not apply, and details the position under CPR PD 51Z (Stay of Possession Proceedings, Coronavirus).

'Coronavirus: Copeland v Bank of Scotland Plc [2020] EWHC 1441 (QB) Freedman J' (2020) 5(23) Journal of Housing Law D90-D91
Abstract: Notes Copeland v Bank of Scotland Plc (QBD) on whether it was appropriate to lift the stay imposed by CPR PD 51Z (Stay of Possession Proceedings, Coronavirus) in order to hand down a reserved judgment affirming a possession order against a mortgagor in arrears, subject to a stay of execution of the order and extension of time to appeal pursuant to PD 51Z.

'Coronavirus: Hackney LBC v Okoro [2020] EWCA Civ 681 Sir Geoffrey Vos, Underhill, Simler LJJ' (2020) 5(23) Journal of Housing Law D91
Abstract: Notes Hackney LBC v Okoro (CA) on whether the county court erred in staying, pursuant to CPR PD 51Z (Stay of Possession Proceedings, Coronavirus), an appeal against a possession order obtained in proceedings under CPR Pt 55, notwithstanding that appeals were governed by CPR Pt 52.

'Coronavirus: Letter to Large Providers, Regulator of Social Housing' (2020) 5(23) Journal of Housing Law D89
Abstract: Notes the July 2020 publication by the Regulator of Social Housing of an online letter to large private registered providers of social housing, notifying them of its intention to gradually increase its regulatory activity as the coronavirus pandemic subsides, and urging them to update their business plans.

'Coronavirus: Managing Safety and Risk in Temporary Accommodation, Welsh Government' (2020) 5(23) Journal of Housing Law D89-D90
Abstract: Notes the Welsh Government’s May 2020 online publication of non-statutory guidance on managing anti-social behaviour in temporary accommodation during the coronavirus pandemic, including advice on the options to be exhausted before individuals are removed.

'Coronavirus: Protecting Rough Sleepers and Renters: Interim Report, Communities and Local Government Select Committee May 2020' (2020) 4(23) Journal of Housing Law D62
Abstract: Highlights the May 2020 interim report by the Communities and Local Government Select Committee on how to safeguard homeless people during the coronavirus pandemic and when the restrictions are eased, and the position regarding the possible implementation of a pre-action protocol on rent arrears for private landlords. Note: the Select Committee’s Interim Report ‘Protecting Rough Sleepers and Renters’ is available on open access on the UK Parliament website.

'Coronavirus: Rough Sleeping after Coronavirus' (2020) 5(23) Journal of Housing Law D89
Abstract: Highlights the May 2020 announcement by the Ministry of Housing Communities and Local Government of its intention to deliver 3,300 new homes to vulnerable rough sleepers within the next 12 months. Notes the accompanying support to be made available, and the arrangements for interim accommodation.

'Coronavirus: TFS Stores Ltd v Designer Retail Outlet Centres (Mansfield) General Partner Ltd [2020] EWCA Civ 833 Sir Geoffrey Vos, Asplin, Arnold LJJ' (2020) 5(23) Journal of Housing Law D90
Abstract: Notes TFS Stores Ltd v Designer Retail Outlet Centres (Mansfield) General Partner Ltd (CA) on whether an appeal against a possession order made pursuant to a counterclaim for possession of a business tenancy was automatically stayed by virtue of CPR PD 51Z (Stay of Possession Proceedings, Coronavirus) and CPR r.55.29.

'Coronavirus: Wales, Welsh Government' (2020) 5(23) Journal of Housing Law D89
Abstract: Notes the Welsh Government's online coronavirus-related press release announcing that viewings of empty properties, and house moves involving sales agreed but not completed, may resume from 22 June 2020.

Coster, Maria, 'A disease exacerbated' (2020) 6(163) Solicitors Journal 41-43
Abstract: Considers the plight of victims of domestic violence and abuse in the coronavirus pandemic, confined to their homes and more vulnerable than ever to their abusers. Discusses the legal remedies available to protect victims and children, including protection orders, injunctions and financial support.

Craggs, Adam and Constantine Christofi, 'Contentious Tax: Quarterly Review' (2020) (1501) Tax Journal 18-20
Abstract: Reports on developments in HMRC’s approach to tax non-compliance: HMRC’s plans to investigate misuse of the coronavirus job retention scheme; nudge letters to taxpayers to report overseas income and gains, in view of information exchange; and allegations that a company made misrepresentations to gain tax advantage.

Cranmer, Frank, 'Government and Parliamentary Report: February-May 2020' (2020) 3(22) Ecclesiastical Law Journal 361-367
Abstract: Reviews parliamentary and regulatory developments of relevance to ecclesiastical lawyers, including: how coronavirus-related legislation has affected the conduct of religious services, the progress of the Brexit negotiations, and the Church of England (Miscellaneous Provisions) Measure 2020.

Cranmer, Frank, 'October 2020-January 2021' (2021) 2(23) Ecclesiastical Law Journal 223-228
Abstract: The period under review continued to be dominated by the COVID-19 pandemic. The Westminster Government and the devolved administrations issued a joint statement on 16 December 2020 outlining a series of relaxations on social contacts between 23 and 27 December but even so it seemed that there were mixed feelings about any relaxation. The Scottish First Minister, Nicola Sturgeon, continued to stress that the Scottish Government's recommendation was to celebrate Christmas at home and to keep interactions with other households to a minimum. The Welsh Government decided that social interactions should be limited to two households only, to be followed by a further lockdown from 28 December.

Creutzfeldt, Naomi and Diane Sechi, ''Social welfare [law] advice provision during the pandemic in England and Wales: a conceptual framework.'' (2021) 2(43) Journal of Social Welfare & Family Law 153-174
Abstract: An ambitious reform programme in the UK to digitalise the justice system has been underway since 2016. The recent report carried out for the Administrative Justice Council (AJC) by the authors Digitisation andAccessingJustice in theCommunity, described how prepared advice providers were for giving digital assistance concerning welfare benefits, and found that organisations were unable to meet the demand for services across all levels of social welfare law, and that there was a high level of demand for digital assistance. This paper then adds data from the follow up Welfare Advice Survey carried out for the JUSTICE/AJC benefits reform working party by the authors, which examines the technical capability of the advice sector to provide remote social welfare advice delivery after the onset of the pandemic (see fns 1 and 3 below). The paper describes how advice providers have been working during the first seven months of the pandemic in 2020 and how the migration to remote advice delivery has changed their services and impacted on their clients. A conceptual framework of needs is then developed and offered as a lens through which to think about the new sets of demands on advisers and clients.

Cromarty, Hannah and Wendy Wilson, ''Coronavirus: A ban on evictions and help for rough sleepers'' (House of Commons Library, Briefing Paper No 08867, 25 January 2020)
Abstract: This briefing paper explains measures the Government has put in place during the coronavirus outbreak to assist households to retain their homes and to enable local authorities to tackle the specific challenges faced by rough sleepers. The paper is being updated regularly to take account of new developments.

Curtis, Richard, 'Eat, Drink, Be Merry' (2020) 4752(186) Taxation 11-13
Abstract: Reports on Chancellor Rishi Sunak's proposals of 8 July 2020 to stimulate employment and growth. Notes the job retention bonus for furloughed workers and kickstarter scheme for young persons, restaurant meal discount, reduced VAT rate on hospitality, and reduced stamp duty land tax on homes.

Davies, Mark, ‘Scientific Debate, Misinformation, and the COVID-19 Pandemic: Considerations from a Medical Regulatory Perspective’ (2024) 24(4) Medical Law International 266–296
Abstract: The COVID-19 pandemic was accompanied by misinformation, including claims that COVID-19 is a hoax and denial of scientific ideas. This article focuses on one important aspect of professional behaviour related to the pandemic, the involvement in the United Kingdom of medical doctors in discussions about COVID-19 who have been deemed to have crossed a line regarding what is acceptable and professionally appropriate freedom of expression. Important considerations involve the approaches of the General Medical Council (GMC) as instigator of misconduct proceedings and Medical Practitioners Tribunal Service (MPTS) as adjudicator, to freedom of expression in the context of article 10 of the European Convention on Human Rights and Fundamental Freedoms and otherwise, and the extent to which their decisions and other professional guidance assists doctors in seeking to predict the professional boundaries to their freedom of expression. The challenges are exacerbated by the fact that COVID-19 is the first global pandemic in the Internet age. Voices propagating minority, unevidenced, even conspiratorial opinions may readily access an audience of thousands, even millions. If those propagating such opinions are medical doctors, the trust placed in their words may be magnified.

Davis, Glen, 'Adopting the contracts of furloughed employees: The decisions in Carluccio's and Debenhams' (2020) 7(35) Butterworths Journal of International Banking & Financial Law 482-488
Abstract: Reviews Re Carluccio’s Ltd (In Administration) (Ch D) and Re Debenhams Retail Ltd (In Administration) (CA) on whether employees’ contracts were adopted, for the purpose of priority in the administration, by their variation to take advantage of the Coronavirus Job Retention Scheme, or by administrators making an application under the scheme or making payments to a furloughed employee, noting the relevance to priority of the variations agreed.

'DCMS House of Commons Committee Calls for New Online Harms Regulator Now' (2020) August() Computers and Law 39-40
Abstract: Considers the findings of the House of Commons Digital, Culture, Media and Sport (DCMS) Committee’s report on “Misinformation on the COVID-19 Infodemic”, and how the Government’s online harms proposals might work in practice. Highlights its recommendations on the role of the Government’s proposed new online harms regulator.

Dennison, James, Alexander Kustov and Andrew Geddes, ''Public Attitudes to Immigration in the Aftermath of COVID-19'' (SSRN Scholarly Paper No ID 3884912, 09 January 2021)
Abstract: How has the COVID-19 pandemic affected public opinion towards immigration? Long-term evidence in Europe and the United States suggests attitudes to immigration are relatively stable and, in some cases, becoming more favorable with high volatility instead in the perceived importance of the issue. However, theoretically a global pandemic could exacerbate people’s fears of outsiders or that migration may contribute to the disease. By contrast, attitudes could remain stable if their distal drivers prove to be robust enough to withstand the shock of COVID-19, which may instead highlight the disproportional importance of migrant workers. We draw from Eurobarometer data from 2014 to 2020 across 28 European countries, weekly national survey data during the outbreak from the US and individual panel data from the UK and Germany to find little systematic change in immigration preferences and no country-level correlation between the observed changes and the severity of the outbreak. Instead, the perceived importance of immigration has consistently and significantly decreased. These findings suggest that, if COVID-19 is to have an impact on attitudes to migration, it is likely to emerge via longer-term means, such as early-life socialization and value change, rather than reactions to the immediate shock of the pandemic.

'Devolution' (2020) (July) Public Law 554-557
Abstract: Reviews devolution-related developments, including: the powers granted to devolved Ministers by the Coronavirus Act 2020; the Northern Ireland Executive's legislative programme and the coronavirus-related legislation passed by the Assembly; key provisions of the Coronavirus (Scotland) Act 2020 and accompanying health protection regulations; and coronavirus-related regulations passed by the Welsh Assembly.

Diver, Alice, Rossella Pulvirenti and Leigh Roberts, ‘The Rationing of Essential Resources in Times of Crisis: Logan’s Run and the “Science-Fictional” Right to Life Under Article 2 of the ECHR’ (2023) 44(3) Liverpool Law Review 427–446
Abstract: We argue that the right to life—for example under Article 2 of the European Convention—has become an increasingly fragile thing, prone to sharp rationing by domestic law and policy makers, almost to the extent seen in certain works of dystopian science fiction. The near-future novel ‘Logan’s Run’ (1967) depicts a brutally austere regime, that is ‘justified’ in law on the basis that finite, scarcening resources must somehow be preserved, to enable survival. Over—population means that human rights are now fictive however—there are neither family life rights nor privacy rights, and human dignity is in short supply. An all-powerful AI ‘being’ governs via algorithms to ration and curtail lifespans, so that no one is allowed to be older than 21. This rule is enforced via ‘voluntary’ submission to euthanasia, and the intervention of a murderous militia for those who do not comply. As ever, patriotic behaviour is key. Arguably, not dissimilar crisis thinking was seen during the pandemic, with various resources diverted or triaged towards the worthiest citizens—those with the best chances of survival—through the use of such things as ‘frailty algorithms.’ Recent UK case law is then analysed to gauge the extent to which dystopian reasoning might be encroaching upon the effectiveness of human rights protections, post-pandemic.

Dobbs, Mary and Andrew Keenan, ‘Territorial Approaches to a Pandemic: A Pathway to Effective Governance?’ (2022) 73(2) Northern Ireland Legal Quarterly 202–233
Abstract: Pandemics, including COVID-19, highlight the issue of multilevel governance, where and how powers should be allocated, and the challenge of ensuring coherency. This issue comes clearly into focus in epidemiological units where internal jurisdictional boundaries exist, as in the case of the island of Ireland with the border between Northern Ireland/the United Kingdom and Ireland. This article evaluates the approaches to policy-making on the island of Ireland, and considers whether the two jurisdictions adequately addressed cross-border issues in light of the concept of subsidiarity. The core focus is on a COVID-19 Memorandum of Understanding (MOU) agreed between Ireland and Northern Ireland in April 2020, with consideration also of proposals for a two-island approach. The article argues that subsidiarity would call for a centralised approach or at least substantial cooperation to facilitate effective policy implementation and coherency. The MOU reflects these ideas, through supporting substantial cooperation, but with some significant weaknesses that manifest in its implementation. Alternative issues arise when considering a potential two-island approach. Together, the MOU and the alternative of a two-island approach highlight that context is a crucial consideration for subsidiarity and evaluating the approaches to cross-border issues. It can make centralisation and substantial cooperation (and therefore coherency more generally) significantly more challenging and thereby also highlights the limits of subsidiarity.

Domina, Mariia, ‘Reforming EU and UK Long-Term Investment Funds: Brexit, COVID-19 and War in Ukraine’ (2024) 39(2) Journal of International Banking Law and Regulation 75–77
Abstract: Long-term investment funds allocate capital to socially important projects aimed at sustainable growth and fuelling the economy in the times of Brexit, Covid-19 and the war in Ukraine. This article critically compares recent reforms of ELTIF (EU) and LTAF (UK), two long-term investment funds opened to both professional and retail investors.

Doran, Nigel, 'Negative Earnings: How Wide is their Scope?' (2020) (1497) Tax Journal 13-15
Abstract: Discusses whether employees who have to forfeit remuneration, or voluntarily pay part back to prevent the employer’s insolvency, in the context of the coronavirus pandemic, could qualify for tax relief. Examines the possibility that taxable earnings could be negative.

Doughty, Julie, 'Remote justice: Family Court hearings during the pandemic' (2020) 3(42) Journal of Social Welfare and Family Law 377-380
Abstract: Discusses Re A (Children) (Remote Hearing: Care and Placement Orders) (CA) and other cases on holding a hearing remotely or in a hybrid form during the coronavirus pandemic, noting the guidance given by the President of the Family Division in this case.

Douglas, Gillian, 'Abduction' (2020) July(50) Family Law 822-823
Abstract: Comments on the approach in Re PT (A Child) (Fam Div) to the argument that ordering the return of a child from England to Spain during the coronavirus pandemic would amount to a grave risk of physical harm under the Hague Convention on the Civil Aspects of International Child Abduction 1980 art.13b.

Dovar, Daniel and Piers Harrison, 'Coronavirus: Code of Practice for Commercial Property' (2020) 4(24) Landlord & Tenant Review D26
Abstract: Notes a Government Code of Practice for commercial property relationships during the coronavirus pandemic the has now issued. Note: Link to the Code of Practice for Commercial Property

Dowell, Katy, 'A 20 per cent cut to salaries is now the Covid norm.' (2020) June 8() Lawyer (Online Edition) 1
Abstract: The article talks about a deduction in salaries of law firm personnel due to the Covid-19 pandemic.

Dowell, Katy, 'Three-quarters of the UK’s biggest firms are furloughing staff.' (2020) May 20() Lawyer (Online Edition) 1
Abstract: The article several law firms in Great Britain are furloughing staff due to the Covid-19.

Dresner, Stewart, 'Courts will not go back to where they were pre-pandemic' (2020) July(110) Privacy Laws and Business United Kingdom Newsletter 16-17
Abstract: Anticipates a lasting shift to the use of online courts beyond the COVID-19 pandemic in light of the argument by Richard Susskind, President of the Society for Computers and Law, that a court is a service, rather than a place and that users should become familiar with this method of justice. Considers the types of case which are suited to the online court process. Outlines the advantages and limitations of online courts.

Dubash, Sabrina, 'UC, SEISS Payments and Automatic Reclaims' (2020) (277) Welfare Rights Bulletin 7-8
Abstract: Discusses the Universal Credit (Coronavirus) (Self-employed Claimants and Reclaims) (Amendment) Regulations 2020 on how money paid under the Self-Employed Income Support Scheme (SEISS) should be treated for the purposes of universal credit (UC) assessment and how UC can be reclaimed.

Dyer, Clare, ‘Covid-19: Doctors’ Call for Legal Protection against Claims of Unlawful Killing Is Rejected’ (2021) 372 BMJ Article164
Abstract: England’s health and social care secretary has rejected a call to bring in emergency legislation to protect doctors from ‘inappropriate’ legal action amid fears that the NHS will be overwhelmed by the covid-19 pandemic.

Dyer, Clare, ‘Patients Launch Legal Action against AstraZeneca over Its Covid-19 Vaccine’ (2023) 380 BMJ 725
Abstract: Dozens of patients and families are launching legal action against AstraZeneca over a rare side effect of its covid-19 vaccine.

Eboibi, Felix E., ''Cybercriminals and Coronavirus cybercrimes in Nigeria, the United States of America and the United Kingdom: cyber hygiene and preventive enforcement measures'' (2021) 1(47) Commonwealth Law Bulletin 113-142
Abstract: There seems to be no lockdown for cybercriminals who are capitalizing on the global lockdown to perpetrate cyber coronavirus crimes. Qualitatively, this paper examines these crimes, their peculiarities, and how they can be curtailed. Although the United States of America (US) and the United Kingdom (UK) have put in place cyber hygiene and preventive enforcement measures to curtail the activities of cybercriminals in cyberspace, the same cannot be said of Nigeria. Arguably, cybercrime institutions in Nigeria lack adequate capacity building, professional competence, and inter-agency cooperation concerning cyber coronavirus crimes. Consequently, it calls for the adaptation of the US and UK measures to protect cybercitizens.

Eboibi, Felix E. and Ebi Robert, ''Global legal response to coronavirus (COVID-19) and its impact: perspectives from Nigeria, the United States of America and the United Kingdom'' (2021) 4(47) Commonwealth Law Bulletin 593-624
Abstract: Global COVID-19 legislation contains the spread of the disease. However, the Nigerian government's response to the spread of the virus suffers some technical flaws. Consequently, this paper asks how Nigeria's response to the pandemic compares with those of the United States of America (US) and the United Kingdom (UK). Qualitatively, it seeks to substantiate the proposition that Nigeria's response relies too heavily on executive directives and extra-judicial controls, leading to human rights abuses. Even worse is the absence of specific provisions in the Nigerian legislation detailing the application of remote hearing to facilitate redress arising from these infractions comparable to what is obtainable in the US and UK. The paper highlights the several loopholes demonstrated by Nigeria's legal response to the COVID-19 pandemic, its impact, and the lessons the Nigerian government can adapt based on the US and UK experiences.

Egan, Mo, ‘Remote Justice: Information Rights as a Tool of Empowerment’ (2022) 36(2) International Review of Law, Computers & Technology 202–222
Abstract: The coronavirus pandemic has resulted in a compulsory retreat from public spaces. While, for some, this displacement has brought about engagement with digital technologies in new and interesting ways, for others, digital technologies have proved to be the site of technology-facilitated abuse (TFA). Consequently, there are renewed calls for regulation of TFA, with a great deal of this discussion focussing on the design and enforcement of criminal law. However, the scope of behaviour perpetrated with, or through, digital technologies is much broader and demands a range of responses that offer access to justice. This paper argues information rights offer significant potential to enable victims/survivors to gain control over personal information, feel empowered, and improve their mental health and wellbeing. First, it defines information rights and how they are accessed from an EU perspective. Second, it addresses the relationship between legal rights and empowerment in this context. It reflects on if, and how, information rights have been used within the UK specifically, to provide reflections on harnessing their potential. And lastly, explores the viability of advocacy in this area.

Eggleton, Senara and Özlem Gürses, ‘Reinsuring Pandemics: The Role of Government and Public–Private Partnerships between Reinsurers and Governments’ (2023) The Geneva Papers on Risk and Insurance - Issues and Practice_
_Abstract: Pandemic-related business interruption (BI) losses are generally considered ‘uninsurable’ because, in order to pool sufficient premium revenue to meet valid claims, premiums would be unaffordable for the majority of policyholders. This paper explores whether and how such losses might be made insurable in the U.K. The authors consider post-pandemic governmental responses, including the role of the Financial Conduct Authority (FCA) and the meaning and implications of FCA v Arch Insurance (U.K.) Ltd ([2021] UKSC 1). The central premise of the paper is to highlight the importance of reinsurance in increasing an underwriter’s insuring capacity and to illustrate how, with the support of government in the form of a public–private partnership (PPP), ‘uninsurable’ risks of this type may be made insurable. The authors propose a PPP, ‘Pandemic Business Interruption Re’, which provides, in their view, a feasible and defensible solution that would confer the benefit of increasing policyholders’ faith in the industry’s ability to underwrite pandemic-related BI claims and reduce reliance on ex post government aid.

Elson, Diane and Marion Sharples, ‘Addressing Intersecting Inequalities through Alternative Economic Strategies’ in Shreya Atrey and Sandra Fredman (eds), Exponential Inequalities: Equality Law in Times of Crisis (Oxford University Press, 2023) 43-48
Abstract: This chapter examines inequalities in income, wealth, and health in the United Kingdom (UK) prior to Covid-19, focusing on class, gender; and race. It shows how these inequalities have intensified during the pandemic and discusses ways in which these inequalities could be reduced through alternative economic strategies put forward by feminist economists. Central to these strategies is public investment in care services. The chapter argues for going beyond this to make the whole economy a caring economy in which we give priority to care for one another and the planet in the ways in which we produce and consume all goods and services. Eight steps towards bringing this about are set out, steps which can be strengthened by redressing the imbalance between the commercial property rights of corporations and rentiers and the economic and social rights of disadvantaged people.

'Eviction of Travellers and the Significance of the Pandemic' (2020) (September) Housing Law Monitor 8-12
Abstract: Considers Chichester DC v Sullivan (HC) on whether evicting a large group of travellers from a site in an Area of Outstanding Natural Beauty, where there were no other authorised sites available, was a proportionate and necessary interference with the travellers’ rights under ECHR art.8 and Protocol 1 art.1. Notes the court’s consideration of the impact of the coronavirus pandemic on the analysis of proportionality.

Ewing, K D and Lord Hendy, ''Covid-19 and the Failure of Labour Law: Part 1'' (2020) 4(49) Industrial Law Journal 497-538
Abstract: In this article, we consider how Covid-19 revealed the extent to which, in Britain, the core functions of labour law have been compromised by successive governments stretching back to the 1980s and how workers collectively have been failed as a result by a discipline intended ostensibly in their interests. We seek to measure these deficits against a set of core normative principles rooted in ILO standards which we believe underpin labour law as a discipline of worker protection. We look first at the exploitation of critical workers; second at the failure generally to make adequate provision for income security; and third at issues relating to health and safety at work. Our consideration of these issues addresses both the substantive law and the means for its enforcement. Having considered the systemic failures and lack of resilience of British labour law in this article, we intend to return to the theme in Part II at a later date to address the lessons learned and the overhaul which the pandemic has revealed to be necessary.

Farran, Sue and Rhona Smith, 'Graffiti in a Time of Covid-19: Spray Paint and the Law' (2021) 1(32) King's Law Journal 84-95

Farrell, Anne-Maree and Patrick Hann, 'Mental health and capacity laws in Northern Ireland and the COVID-19 pandemic: Examining powers, procedures and protections under emergency legislation' (2020) July-August: Special Issue on Mental health, Mental Capacity, Ethics and the Law in the Context of Covid-19 (Coronavirus)(71) International Journal of Law and Psychiatry Article 101602
Abstract: This article examines the changes made to mental health and capacity laws in Northern Ireland through temporary emergency legislation, known as the Coronavirus Act 2020. The purpose of the legislation was to respond to the emergency situation created by the COVID-19 pandemic, in particular the increase pressure placed on health services in the United Kingdom. An overview is provided of the government's rationale for the changes to Northern Ireland mental health and capacity laws, as well as exploring how they are likely to be operationalised in practice. Consideration is also given as to how such changes may impact upon existing human rights protections for persons assessed as lacking mental capacity. It is argued that it is important that regular parliamentary oversight is maintained in relation to the potential impact and consequences of such changes during the period they are in force. This should be done in order to assess whether they remain a necessary, proportionate and least restrictive response to the challenges faced in managing mental health and capacity issues in Northern Ireland during this public health emergency.

Farrow, Kathryn, ''Policing the Pandemic in the UK Using the Principles of Procedural Justice'' (2020) 3(14) Policing: A Journal of Policy and Practice 587-592
Abstract: Extract: The involvement of the police in ensuring compliance with lockdown measures has raised questions regarding the legitimate boundaries of police power during what is first and foremost a public health emergency. Although it can be argued that enforcing social distancing laws can be seen as part of the police mandate of ensuring social order, it is unusual for officers to enforce measures for what essentially is a public health issue. Concerns have been raised regarding the ability of the police to effectively police social distancing measures, and such issues are only likely to increase as the rules change and adapt with the imminent easing of the lockdown period. The decision for the government to put law enforcement officials in the position of enforcing public health regulations is unprecedented, but is widely in step with the approach taken by many other countries around the world. Although this method of ensuring compliance with public health measures has been questioned, it is still possible for it to be highly effective during the ‘emergency period’ of the pandemic.

Findlay, David, 'Don't go it alone' (2020) (2039) Estates Gazette 63
Abstract: Explains the importance for valuers of collaborating with letting agents, capital markets peers and clients during the coronavirus pandemic, in light of the RICS’ recommendation in March 2020 that a material valuation uncertainty clause (MVUC) be included in valuation reports. Notes that, although the MUVC has seen a gradual exclusion as recovery has progressed, the RICS still endorses the inclusion of a market condition clause.

Finch, Naomi et al, ‘Undermining Loyalty to Legality? An Empirical Analysis of Perceptions of “Lockdown” Law and Guidance during COVID-19’ (2022) 85(6) The Modern Law Review 1419–1439
Abstract: This article substantially extends the existing constitutional and legal critiques of the use of soft law public health guidance in the UK during the COVID-19 pandemic. Drawing upon the findings of a national survey undertaken during the first wave of the pandemic in June 2020, it shows how the perceived legal status of lockdown rules made a significant difference as to whether the UK public complied with them and that this effect is a product of the legitimacy that law itself enjoys within UK society. Based on this analysis, it argues that the problems with the Government’s approach to guidance, that have been subjected to criticism in constitutional and legal terms, may also be open to critique on the basis that they risk undermining the public’s loyalty to the law itself.

Foster, David, ''Coronavirus: Local authorities’ adult social care duties (the Care Act easements)'' (House of Commons Library Briefing Paper No 8889, 10 January 2020)
Abstract: This Commons Library Briefing paper provides an overview of changes to local authority duties around the provision of adult social care during the coronavirus outbreak.

Foster, David and Philip Loft, ''Coronavirus: Separated Families and Contact with Children in Care FAQs (UK)'' (Briefing Paper No CBP 8901, 01 January 2020)
Abstract: This paper provides brief information in response to some key questions regarding the impact of the Coronavirus outbreak on separated families, maintenance arrangements and access to children.

Fotheringham, Ellen and Caitlin Boswell, ‘“Unequal Impacts”: How UK Immigration Law and Policy Affected Migrants’ Experiences of the Covid-19 Pandemic’ (Public Interest Law Centre No May 2022, 2022) 28
Abstract: This report explores how UK immigration policy, law and government decision-making have exacerbated the impact of Covid-19 on migrants, particularly those with insecure immigration status. It focuses on access to justice, Home Office applications, state support, healthcare, and the asylum accommodation system, as well as immigration enforcement. Across all these areas, we highlight how the government’s anti-migrant approach has exposed migrants to increased risk from Covid-19, undermined public health efforts and introduced greater dysfunctionality into an already-broken immigration system.

Fraser, Graeme, 'Family justice post COVID-19: The road to recovery' (2020) 7900(170) New Law Journal 8
Abstract: Considers the Sixth Report of the House of Commons Justice Committee on the delivery of court services during the coronavirus pandemic. Highlights the backlog of cases in the Family Court and the need for a government recovery plan on how to reduce the backlog.

'Freedom of Speech' (2020) (July) Public Law 558-560
Abstract: Reviews developments concerning freedom of expression, including: OFCOM's publication of a note on broadcasting related to the coronavirus pandemic; the complaints received by OFCOM about the broadcast of a coronavirus-related interview with conspiracy theorist David Icke, and about comments made on ITV's current affairs programme‚ 'This Morning'; and OFCOM's publication of its review of public service broadcasting between 2014 and 2018.

Frith, Lucy et al, ''Neither 'Crisis Light' nor 'Business as Usual': Considering the Distinctive Ethical Issues Raised by the Contingency and Reset Phases of a Pandemic'' (2021) 8(21) The American Journal of Bioethics 34-37
Abstract: Introduction: We have been researching the distinctive ethical issues raised by what we have called “the reset period,” when non-Covid services resumed alongside the continuing pandemic in the UK. In this commentary, we will first consider the similarities and differences between the reset and contingency phases, as described by Alfandre et al. We will then unpack Alfandre et al.’s position that the contingency phase should be characterized by operating a standard of care that is functionally equivalent to “usual” practice, arguing that in the reset and contingency phases, the standards of “usual” care may be unobtainable and, in these circumstances, we cannot fall back on the primacy of “patient centered care.” Consequently, different ethical principles and balancing strategies are needed when care is neither “crisis light” nor “business as usual.” We will conclude by reflecting on what these should be.

Fulford, Nicola and Hannah Jackson, 'Returning to work: COVID-19 and the data protection perspective' (2020) May(109) Privacy Laws & Business United Kingdom Newsletter 1-5
Abstract: Examines what procedures employers should follow after the coronavirus ban is lifted and employees return to the workplace, to provide a safe working environment while protecting employees' personal data and privacy.

Gao, Grace and Linna Sai, ''Opposing the toxic apartheid: The painted veil of the COVID-19 pandemic, race and racism'' (2021) S1(28) Gender, Work & Organization 183-189
Abstract: This article is a personal reflection of how the coronavirus exposes ‘shocking’ levels of racism against us, and our vulnerability as Chinese women living in Britain. By reflecting our experiences of verbal and physical race-based violence connected to coronavirus, we explore the fluidity of our racial identities, the taken-for-granted racial stereotypes and white privilege, and everyday racism in the UK. Can the vulnerable use vulnerability as an agent to shift the moment of helplessness? We contribute to the uncomfortable yet important debate on racism against Chinese women living in the UK through voicing up our embodied vulnerability as invisible and disempowered subjects to this viral anti-Chinese racism. This is a form of resistance where we care for the racialized and marginalized others. In doing so, we lift the painted veil of the pandemic, race and racism to collectively combat racial inequalities.

George, Rob and Rob Marsh, ‘Do We Need Physical Family Courts?’ (2024) 46(1) Journal of Social Welfare and Family Law 59–81
Abstract: The family court responded to the COVID-19 pandemic by rapidly transitioning to remote hearings. Almost four years later, remote hearings remain common, although the clear direction of travel, especially for children and domestic abuse injunction cases, has been back towards everyone attending hearings face-to-face. In this article, we explore what might be lost when family court hearings take place remotely, and, more fundamentally, whether we really need physical family courts. We suggest that the family court is ‘multifunctional’: as well as having an important role in adjudication, it is a physical space in which family members can try to resolve their family law dispute through reflection, negotiation and conciliation, often with the moral support of a legal team, and backed by the judge’s authority. We consider guidance issued during the pandemic and show that the non-adjudicative functions of the family court were initially overlooked by the senior judiciary. Finally, we explore legal professionals’ experiences of remote family justice to assess how well the family court can perform its various functions remotely. We conclude that physical family courts are an essential part of the family justice system and, for those family disputes that require court involvement, they provide significant benefits.

Germain, Sabrina, ''The Role of Medical Professionals in Shaping Healthcare Law during Covid-19'' (2021) 1(3) Amicus Curiae, Series 2 33-55
Abstract: This article explores the changing nature of the allocation of healthcare resources during the Covid-19 crisis and how it may have shaped a new role for medical professionals in healthcare law and policymaking. It contrasts the traditional input of medical professionals in systemic healthcare reforms (1946, 1990 and 2012) with their role in the elaboration of ethical emergency guidance published by the British Medical Association and the Royal College of Physicians in March–April 2020, using a discourse analysis methodology and concepts borrowed from political philosophy.

Germain, Sabrina, ''Will COVID-19 Mark the End of an Egalitarian National Health Service?'' (2020) 2(11) European Journal of Risk Regulation: Special Issue - ‘Taming COVID-19 by Regulation’ Special Issue - ‘Taming COVID-19 by Regulation’ 358-365
Abstract: The paper first unpacks why the allocation of healthcare resources is fundamentally a question of justice in Britain and explains why healthcare law and policy require a philosophical approach in times of crucial change and crisis. Secondly, the paper provides a critical analysis of the current situation for the allocation of healthcare resources and the provision of services to patients directly or indirectly affected by the virus. It concludes that the liberal egalitarian conception of distributive justice at the heart of the NHS that aims to guarantee free and equal access to healthcare is now in jeopardy and is being replaced by a utilitarian approach based on a priority ranking of patients for the provision of services at this critical time.

Germain, Sabrina and Adrienne Yong, ''COVID-19 Highlighting Inequalities in Access to Healthcare in England: A Case Study of Ethnic Minority and Migrant Women'' (2020) 3(28) Feminist Legal Studies 301-310
Abstract: Our commentary aims to show that the COVID-19 pandemic has amplified existing barriers to healthcare in England for ethnic minority and migrant women. We expose how the pandemic has affected the allocation of healthcare resources leading to the prioritisation of COVID-19 patients and suspending the equal access to healthcare services approach. We argue that we must look beyond this disruption in provision by examining existing barriers to access that have been amplified by the pandemic in order to understand the poorer health outcomes for women in ethnic minority and migrant communities. The reflection focuses on racialised medical perceptions, gendered cultural norms including information barriers and stigma, and specific legal barriers.

Gesley, Jenny, ''Regulating Electronic Means to Fight the Spread of COVID-19'' (Law Library of Congress Legal Report No , 06 January 2020)
Abstract: Note: This page includes a comparative summary, and links to the full report and a COVID-19 Contact Tracing Apps world map. Extract from Introduction: This report surveys the regulation of electronic means to fight the spread of COVID-19 in 23 jurisdictions around the globe: Argentina, Australia, Brazil, China, England, France, Iceland, India, Iran, Israel, Italy, Japan, Mexico, Norway, Portugal, the Russian Federation, South Africa, South Korea, Spain, Taiwan, Turkey, the United Arab Emirates, and the European Union (EU).

Giaretta, Ben, ''COVID-19 Force Majeure Notices Under English Law: What Comes Next?'' () 2(13) New York Dispute Resolution Lawyer 47-49
Abstract: As well as terrible health impacts, the COVID-19 pandemic has caused extraordinary economic convulsion. A major part of that has been the disruption of the performance of contractual obligations, and this has led many contract parties to trigger, where they can, clauses that provide force majeure relief. The pandemic has created unusual dynamics in the operation of force majeure clauses. Where many previous disputes over such clauses concerned the threshold question of whether the relevant circumstances fell within the force majeure clause, there appears to have been near universal acceptance that the operation of such a clause is justified if the pandemic has affected a contract. On the other hand, the extended duration of the pandemic and the uncertainty over how the world will move to a postCOVID state has meant that other parts of force majeure clauses are being tested as never before. Yet the drafting of such clauses insofar as they relate to the period after the force majeure notice typically leaves much to be desired.

Gilder, Alexander et al, ‘Peer Learning and Student Ownership in An International Environment: A Student-Created Website on Human Rights and Peacebuilding’ (2023) 4(1) European Journal of Legal Education (forthcoming)
Abstract: In light of COVID-19, activities under the remit of the Legal Advice Centre at Royal Holloway needed to adapt. Technology and the normalisation of online collaboration presented an opportunity for international cooperation between students at universities around the globe. To capitalise on the changing dynamics, Royal Holloway established a Memorandum of Understanding with the Institute for Peace and Conflict Studies in Somaliland with the aim of pursuing student-led projects, as well as other research related collaboration. In this article we recount the formulation of a student-led, inclusive, international project that saw students in the UK and Somaliland work together on a website that freely disseminates information on human rights and peacebuilding for stakeholders in Somaliland and the Horn of Africa, with additional relevance for UK actors working in Somaliland. The project utilised approaches of peer learning, student ownership, enquiry-based learning, international collaboration, and social responsibility to build an activity and environment that promoted deeper learning, critical thinking, and social change.

Godfrey, Barry, Jane C Richardson and Sandra Walklate, ‘The Crisis in the Courts: Before and beyond COVID’ (2022) 62(4) British Journal of Criminology 1036–1053
Abstract: One year after the first COVID lockdown the backlog at the Magistrates’ and Crown Courts together totalled approximately half a million cases. This article reports on the impact of court delays on domestic abuse victims using data from the ESRC-funded ‘Shadow Pandemic’ project. Using this data as illustrative, the paper goes on to discuss the causes of delays in all criminal cases, challenging the assertion that COVID caused the backlog. Instead, the paper contends that austerity measures have been the underlying cause with COVID merely extending the scale of the crisis. The paper then questions whether post-COVID recovery plans are realistic, particularly in relation to any increase in remote hearings and out of court disposals. It concludes that a more fundamental shift needs to take place in dealing with criminal cases to enable speedier and more effective access to justice for victims of all crimes including domestic abuse.

Gogoi, Mayuri et al, ''Ethnicity and COVID-19 outcomes among healthcare workers in the UK: UK-REACH ethico-legal research, qualitative research on healthcare workers’ experiences and stakeholder engagement protocol'' (2021) 7(11) BMJ Open e049611
Abstract: Introduction As the world continues to grapple with the COVID-19 pandemic, emerging evidence suggests that individuals from ethnic minority backgrounds may be disproportionately affected. The United Kingdom Research study into Ethnicity And COVID-19 outcomes in Healthcare workers (UK-REACH) project has been initiated to generate rapid evidence on whether and why ethnicity affects COVID-19 diagnosis and clinical outcomes in healthcare workers (HCWs) in the UK, through five interlinked work packages/work streams, three of which form the basis of this protocol. The ethico-legal work (Work Package 3) aims to understand and address legal, ethical and acceptability issues around big data research; the HCWs' experiences study (Work Package 4) explores their work and personal experiences, perceptions of risk, support and coping mechanisms; the stakeholder engagement work (Work Package 5) aims to provide feedback and support with the formulation and dissemination of the project recommendations. Methods and analysis Work Package 3 has two different research strands: (A) desk-based doctrinal research; and (B) empirical qualitative research with key opinion leaders. For the empirical research, in-depth interviews will be conducted digitally and recorded with participants’ permission. Recordings will be transcribed, coded and analysed using thematic analysis. In Work Package 4, online in-depth interviews and focus groups will be conducted with approximately 150 HCWs, from across the UK, and these will be recorded with participants’ consent. The recordings will be transcribed and coded and data will be analysed using thematic analysis. Work Package 5 will achieve its objectives through regular group meetings and in-group discussions. Ethics and dissemination Ethical approval has been received from the London-Brighton & Sussex Research Ethics Committee of the Health Research Authority (Ref No 20/HRA/4718). Results of the study will be published in open-access journals, and disseminated through conference presentations, project website, stakeholder organisations, media and scientific advisory groups. Trial registration number ISRCTN11811602.

Goldberg, Richard, ‘Vaccine Damage Schemes in the US and UK Reappraised: Making Them Fit for Purpose in the Light of Covid-19’ (2022) 42(4) Legal Studies 576–599
Abstract: Vaccines have continued to play a crucial global role in preventing infectious diseases in the twenty-first century. The Covid-19 pandemic has underlined their importance, with vaccines seen as the best way to protect the public from coronavirus. A longstanding problem of governments has been the extent to which they should assume responsibility for the compensation of those injured by vaccines. This paper reappraises the vaccine damage schemes currently available in the US and UK in the light of the Covid-19 pandemic. It argues that any improvements to both US and UK schemes should be included in a revised national vaccine policy which takes into consideration their respective long-term national vaccine strategies to prepare for future pandemics. It supports the adoption of a UK-wide National Vaccine Injury Compensation Programme, similar to the one in the US, to be administered by the Secretary of State for Health and Social Care. To balance the need for rigorous criteria to determine causation with the need for fairness, the programme should adopt the US practice of allowing negotiated settlements between parties in circumstances where review of the evidence has not concluded that the vaccine(s) caused the alleged injury but there are close calls concerning causation.

Gorecka, Arletta, ‘COVID-19 Crisis in the United Kingdom: The First 100 Days of the Unknown’ in Aleksandar Stojanović, Luisa Scarcella and Christina R Mosalagae (eds), The First 100 Days of Covid-19: Law and Political Economy of the Global Policy Response (Springer Nature, 2023) 207–234
Abstract: This chapter discusses the implication of the COVID-19 pandemic on the United Kingdom and its economy. The COVID-19 pandemic occurred when the United Kingdom was vulnerable; as it was still recovering from its exit from the European Union, and attempting to resolve several ongoing issues over the devolved nations, especially Scotland and Northern Ireland. In March 2020, the United Kingdom entered into a nationwide lockdown. By mid-March, certain discrepancies in the approaches had been noted. This chapter aims to present an overview of the United Kingdom before the COVID-19 pandemic together with policy projections made at the time. As this chapter discusses, the policy contrasted with a neoliberal approach in several ways; specifically, the chapter considers the approach concerning surveillance, data and marketisation. Thereafter, this chapter highlights the areas of policy that are most prominent in the United Kingdom context: economic growth, health and education. The main focus is on identifying how the limits of political autonomy, neoliberal logic and inequalities have been further exacerbated by the COVID-19 pandemic.

Grace, Jamie, ''UK Human Rights Cases in the Time of COVID-19'' (SSRN Scholarly Paper No ID 3745960, 06 January 2021)
Abstract: Judicial review claims throughout the 2020 pandemic phase have highlighted both the social justice and the civil liberties issues with the UK government response to the impact and seriousness of COVID-19. These legal claims have been based around Human Rights Act grounds, and sometimes on wider international human rights law instruments, and also on traditional common law grounds of review; such as irrationality, failure to consult, and other types of illegality ground. The COVID-19 pandemic has been an exercise in exploring the multitude of ways in which drastic public health policy can affect human rights even as it entails those legislative measures that are taken to protect us from a virulent disease, with all-too-often fatal consequences for those who are infected. As shown in the important Court of Appeal judgment in the 'lockdown' case of Dolan, discussed in this paper, rights under the European Convention on Human Rights (1950), in taking effect through the Human Rights Act 1998, work on the basis of a variety of structures and degrees of importance and protection, depending on the rights concerned - and the range of rights at stake under the ECHR, through the coronavirus pandemic, has been very great indeed. However, judicial consideration of key cases to date, such as Dolan, has highlighted the latitude given to executive discretion used in dealing with the public health crisis of the pandemic, as it has affected the UK.

Grace, Sara, ''Policing Social Distancing: Gaining and Maintaining Compliance in the Age of Coronavirus'' () () Policing: A Journal of Policy and Practice Article paaa029 (advance article, published 12 July 2020)
Abstract: Drawing on motivational posturing theory (MPT) and procedural justice theory (PJT), this article makes recommendations for how best to secure compliance with social distancing regulations. Applying those theories to—mostly observational—data from a study on the use and impact of penalty notices for disorder, the influences on cooperation during police–citizen encounters are explored. Whilst focusing on the English data/regulations, as both MPT and PJT have been tested internationally, the conclusions have relevance beyond these shores. The article proposes a sixth posture—compulsion, a form of resistant compliance—to the five set out by MPT. Focusing attention not just on whether compliance is achieved but how recognizes the risk to future legitimacy posed by only achieving compliance through coercion or the threat thereof. Lessons from the research are applied to policing social distancing, with regards to: securing compliance during interactions, self-regulation and enforcement action, and how to preserve police legitimacy.

Greenberg, Daniel, CB, ''COVID-19 and the Rule of Law: Editorial'' (2021) () Statute Law Review Article hmab024 (advance article, published 14 October 2021)
Abstract: The need to pass emergency legislation invariably and inevitably places special strains on the rule of law. In particular, difficult balances need to be struck between protecting public health and safety and limiting the intrusive effects of legislation so as to protect Convention human rights and other common law fundamental rights. Apart from substantive law, the processes of emergency legislation necessarily create their own challenges, particularly in relation to giving people due notice of changes in the law while acting fast enough to react to developing events, as well as combining the necessary flexibility with an appropriate hierarchy of primary legislation, subordinate legislation, and quasi-legislation.

Grey, Felicia A, ‘The English Law Doctrine of Frustration in the Context of the COVD-19 Pandemic’ (2024) 45(1) Business Law Review 31–33
Abstract: This paper examines the extent to which the onslaught of the COVID-19 pandemic has affected the formation and execution of contracts in the United Kingdom. Using the English Law doctrine of frustration, it assesses how far foreseeability plays a role in determining whether contracts are frustrated. It examines concepts such as illegality, impossibility and frustration of purpose as well as case law to see what arguments can be used to support or deny liability for contractual terms. It argues that in many ways, frustration is narrowly constructed. The COVID- 19 pandemic and its aftermath, however, will encourage more creativity as legal systems revisit their provisions to accommodate the changing dynamics of the international system.

Grez Hidalgo, Pablo, ‘Legislative and Judicial Scrutiny of the Emergency Response to the Pandemic in the UK: Stubborn Accountability Gaps’ (2023) 27(3) Edinburgh Law Review 310–321

Grez Hidalgo, Pablo, Fiona de Londras and Daniella Lock, ‘Parliament, the Pandemic, and Constitutional Principle in the United Kingdom: A Study of the Coronavirus Act 2020’ (2022) 85(6) The Modern Law Review 1463–1503
Abstract: Constitutions come under pressure during emergencies and, as is increasingly clear, during pandemics. Taking the legislative and post-legislative debates in Westminster and the Devolved Legislatures on the Coronavirus Act 2020 (CVA) as its focus, this paper explores the robustness of parliamentary accountability during the pandemic, and finds it lacking. It suggests that this is attributable not to the situation of emergency per se, but to (a) executive decisions that have limited Parliament’s capacity to scrutinise; (b) MPs’ failure to maximise the opportunities for scrutiny that did exist; and (c) the limited nature of Legislative Consent Motions (LCMs) as a mode of holding the central government to account. While at first glance the CVA appears to confirm the view that in emergencies law empowers the executive and reduces its accountability, rendering legal constraints near-futile, our analysis suggests that this ought to be understood as a product, to a significant extent, of constitutional actors’ mindset vis-à-vis accountability.

Grez Hidalgo, Pablo, Fiona de Londras and Daniella Lock, ‘Use of the Made Affirmative Procedure in Scotland: Reflections from the Pandemic’ (2022) 26(2) Edinburgh Law Review 219–227
Abstract: Concerns about delegated powers are not new. Their use in Westminster has been the focus of a dedicated stream of work by the Hansard Society for almost ten years, the Lords’ Constitution Committee has published two comprehensive reports raising significant constitutional concerns about the current state of affairs, and numerous scholars have explored their effects and challenges. These interventions take place against the backdrop of five years in which the balance of law-making powers in the UK has shifted in unprecedented ways due to Brexit and COVID-19. The recent publication in November 2021 of two critical reports by the Delegated Powers and Regulatory Committee and the Secondary Legislation Scrutiny Committee highlights a sense of growing momentum for a ‘reset’ of the use of delegated legislation in Westminster. Less has been said about the situation of delegated powers at the devolved level, and the literature on the Scottish situation is dated. Intuition would suggest that differences in the electoral system (which make a strong majoritarian government gaining control of the unicameral parliaments in Cardiff, Edinburgh and Stormont difficult, if not unlikely) mean that devolved executives cannot get away with broad delegations of powers. This certainly seemed to be the case in Scotland, as the SNP led a minority government for most part of the pandemic, until 31 August 2021, when the First Minister announced an agreement with the Scottish Green Party. However, a recent ‘Inquiry into the use of the made affirmative procedure during the coronavirus pandemic’ by the Scottish Delegated Powers and Law Reform Committee (DPLRC), which has just published its report, has drawn attention to the fact that concerning practices at Westminster level may also be present at the devolved level. Thus, in a recent oral evidence session, Graham Simpson MSP, a DPLRC committee member, claimed that while, between 2011 and 2019, only nine Scottish Statutory Instruments (SSIs) had been made under the made affirmative procedure (MAP), between 20 March 2020 and 2 December 2021, 132 SSIs were subject to the MAP – a remarkable increase. This growth is partly explicable by the legislative framework through which the Scottish Government’s pandemic response is shaped. Both the Coronavirus Act 2020 – a UK-wide piece of law – and the Public Health etc (Scotland) Act 2008 allow for regulations to be made by the MAP where a Scottish Minister considers there to be a reason of urgency for so doing. The regulations are made by laying a draft before the Scottish Parliament, and they cease to have effect after twenty eight days unless they are approved by Parliament.10 Given the quickly changing epidemiological situation, one might argue that there is in principle little objectionable about the use of the MAP to make such regulations if the statutory condition of urgency is met and potential negative effects on the principles of accountability and shared power between the Scottish Government and the Scottish Parliament are appropriately mitigated through restrained use of the MAP. However, our analysis of a sample of SSIs made during the pandemic suggests that these conditions may not have always been met.

Griffiths, Catrin, 'The first Covid collapse of a law firm, and not the last.' (2020) May 22() Lawyer (Online Edition) 1

Grogan, Joelle, ‘(Un)Governing: The COVID-19 Response in the UK’ in Joelle Grogan and Alice Donald (eds), Routledge Handbook of Law and the COVID-19 Pandemic (Routledge, 2022) 60
Abstract: The United Kingdom’s response to the COVID-19 pandemic has exposed fractures in the constitutional settlement of power between government, parliament, and the devolved legislatures, and has been characterised by hypertrophied executive dominance, U-turn policymaking, and the extended adoption of severely restrictive measures. This chapter examines the challenges the pandemic has presented to law and governance, parliamentary oversight and accountability, devolution, and for human rights, civil liberties and access to justice within the wider political, economic and social context. It critically analyses the law and decision-making process in response to the global health emergency across the UK, and in doing so, highlights where reform is needed in preparation for future crises.

Grolman, Leah, 'Remote hearings: The new normal?' (2020) June() Computers and Law 50-51
Abstract: Presents the experience of the author, an associate solicitor, of attending two remote hearings at the Technology and Construction Court and the Chancery Division during the COVID-19 lockdown, and her thoughts on whether such hearings should become the default option following the COVID-19 crisis.

Guinchard, Audrey, 'Our Digital Footprint under Covid-19: Should We Fear the UK Digital Contact Tracing App?' in Ferstman, Carla; Fagan, Andrew (eds), 'Our Digital Footprint under Covid-19: Should We Fear the UK Digital Contact Tracing App?'' (School of Law and Human Rights Centre, University of Essex, 2020)
Abstract: With the objective of controlling the spread of the coronavirus, the UK has decided to create and, since 5 May 2020, is live testing a digital contact tracing app, under the direction of NHS X, a branch of NHS Digital, and with the help of the private sector. Given the lack of details as to what the app will exactly do or not do, there are fears that the project will increase government surveillance beyond the pandemic. While I share these concerns, I argue that we need to simultaneously tackle one of the most significant, yet overlooked, contributors to the problem of government surveillance: our inflated digital footprint, stemming from our use of digital technology, and the basis of ‘surveillance capitalism’, a business model left largely unchallenged, which results in surveillance, and stems from the non-compliance with data protection laws. A systematic enforcement of the General Data Protection Regulation (GDPR) on the private sector would disrupt the current dynamics of surveillance which are hidden in plain sight.

Gulland, Jackie, 'Households, bubbles and hugging grandparents: Caring and lockdown rules during COVID-19' (2020) 3(28) Feminist Legal Studies 329-339
Abstract: Efforts to combat the COVID-19 crisis brought mountains of legislation and guidance to coerce or encourage people to stay at home and reduce the spread of the virus. During peak lockdown in the United Kingdom (UK) regulations defined when people could or could not leave their homes. Meanwhile guidance on social distancing advised people to stay within 'households'. This paper explores the legislation under lockdowns in the UK from March to October 2020 and the implications for women's gendered caring roles. The regulations and guidance assumed that households were separate units and ignored the interdependencies which exist between households and between individuals and wider society. The continuing focus in the lockdown regulations has been on households as autonomous, safe, adequate and secure. This overlooks the interdependency of human life, gendered aspects of caring and the inequalities of housing and living conditions, highlighted by feminist scholarship.

Gurgula, Olga and Luke McDonagh, ‘Access Denied: The Role of Trade Secrets in Preventing Global Equitable Access to COVID-19 Tools’ (SSRN Scholarly Paper No 4484507, 19 June 2023)
Abstract: The COVID-19 emergency has intensified a long-running debate over access to health technologies by illustrating the conflicts between intellectual property (IP) rules and global health objectives. While this debate has traditionally focused on patents, the pandemic brought to light concerns over other forms of IP such as trade secrets and other confidential information. During the COVID-19 pandemic, the UK government made extensive reference to trade secret provisions as a way of restricting transparency during public procurement procedures. Pharmaceutical companies relied on trade secret protection to prevent other companies accessing manufacturing methods of COVID-19 vaccines and other commercially valuable information. In non-pandemic times, the UK government withholding certain procurement information, and private companies refusing to reveal trade secrets, may in limited circumstances be justifiable to protect commercially sensitive information. However, in the context of a global emergency such actions must be questioned. This report provides a critical analysis of these issues, concluding that greater transparency is required in the public procurement process - especially in a time of emergency - to ensure a fair and equitable allocation of resources, and to guarantee accountability on the part of both the UK government and the pharmaceutical industry. We explain that the UK government prioritised trade secret protection over transparency during the public procurement of COVID-19 vaccines, and that pharmaceutical companies utilised trade secrecy strategies to prevent generic manufacturers from producing vaccines. We explore how this prevented good governance and denied equitable access to COVID-19 health products. We set out recommended legal and policy options to ensure that access to pandemic health tools is not denied again during emergency circumstances. Our recommendations cover transparency, technology transfer (including involuntary technology transfer in the form of compulsory licensing of trade secrets), fair distribution of IP ownership, competition and open innovation.

Gürses, Özlem, ‘The Supreme Court on Business Interruption Insurance and COVID-19: Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1’ (2021) 32(1) King’s Law Journal 71–83
Abstract: From the early days of the first national lockdown in England, widespread concerns over many different types of insurance claims had been raised. The business interruption losses that the small businesses and enterprises suffered received particular attention and were covered broadly by the national media channels. The policy wordings in question were so varied that it was not possible for any party to provide a clear outcome that will have a widespread effect on such insurance claims. Through the Financial Conduct Authority’s involvement, the UK Supreme Court delivered a much-awaited judgment in a test case on the twenty-one selected policy wordings, fourteen of which were held to respond to the Covid-19 related business interruption claims. The significant impact of the test case, which prevented an ongoing uncertainty and avoided protracted litigation for many, is that many thousands of policyholders should now have their claims for business interruption losses paid.

Guy, Mary, ‘(How) Is COVID-19 Reframing Interaction between the NHS and Private Healthcare?’ (2023) 23(2) Medical Law International 138–158
Abstract: In March 2020 a ‘major deal’ was struck between the National Health Service (NHS) and private healthcare sector to facilitate ‘crisis’ and ‘continuity’ responses to COVID-19. A further deal was struck in January 2022 to support the NHS in tackling the Omicron variant, suggesting that the pandemic was evolving, rather than definitively over. The legal basis for these deals was a Public Policy Exclusion Order, a temporary relaxation mechanism in UK competition law defined by a ‘disruption period’. In a global pandemic, the ‘healthcare disruption period’ might be considered to be of a different scope and nature to short-term disturbances experienced in other sectors, such as groceries. This article examines the Public Policy Exclusion Orders issued in respect of health services in England and Wales, and the Collective Agreements notified under these between March 2020 and March 2021, and again in March 2022. Amid ongoing tensions surrounding ‘NHS privatisation’, this enables a timely analysis of whether the underlying relationship between the NHS and private healthcare may be changing in response to COVID-19, and how considerations of ethical frameworks are also relevant to this aspect of the pandemic response.

Guy, Mary, ''Rethinking Competition in Healthcare – Reflections from a Small Island'' (2021) May() CPI Antitrust Chronicle
Abstract: After approximately 30 years, and following a decisive move towards integrated care systems, competition reforms in English healthcare seem to be rejected, even though the underlying relationship between the public healthcare system and private healthcare market remains. This paper explains how competition in English healthcare has developed to involve the Competition and Markets Authority and a sectoral regulator (NHS Improvement), and how general UK merger control and the prohibition on anticompetitive agreements have been applied. Current legislative proposals call for a substantial refocusing of competition authority involvement and removal of the regulator’s competition powers. These proposals are developing against a backdrop of closer cooperation between public and private healthcare providers in response to COVID-19. This paper concludes by suggesting that the current opportunity to rethink how competition works in English healthcare is a welcome development.

Hall, Kevin and Punnit Vyas, 'Wedding Bells' (2020) 4761(186) Taxation 18-19
Abstract: Considers the VAT issues arising from the different elements in a wedding package, looking at whether the package comprises single or multiple supplies, room hire, and the scope and application of the temporary VAT change introduced as part of the response to the economic impact of the coronavirus pandemic.

Halliday, Simon et al, ‘Governmental Influence over Rights Consciousness: Public Perceptions of the COVID‐19 Lockdown’ (2024) 51 Journal of Law & Society S83–S101
Abstract: A focus on rights consciousness has become a mainstay of the socio‐legal study of law in everyday life. Such research, much of it critical in orientation, generally uses people’s sense of grievance as its starting point. The consequent risk is that we elide rights consciousness with a sense of injustice. This article argues that there is merit for critical studies of legal consciousness in keeping these two things separate, and that this represents a dimension of the critical approach to rights consciousness that is largely missing from the field. We present a study of rights consciousness in relation to the imposition of lockdown in the United Kingdom during the early stage of the COVID‐19 pandemic. We show that, despite regarding lockdown as a violation of basic rights, most people did not feel a sense of grievance. Furthermore, rights consciousness was influenced by a range of factors distinct from political orientation, most of which were within the sphere of governmental influence. In this way, governmental power was constitutive of the public’s rights consciousness. Further exploration and assessment of when, where, and how this might occur should be part of the critical project of legal consciousness research.

Halliday, Simon et al, ‘Undermining Loyalty to Legality?: An Empirical Analysis of Perceptions of “Lockdown” Law and Guidance During COVID-19’ (2022) Modern Law Review (advance article, published online 5 July 2022)
Abstract: This article substantially extends the existing constitutional and legal critiques of the use of soft law public health guidance in the UK during the COVID-19 pandemic. Drawing upon the findings of a national survey undertaken during the first wave of the pandemic in June 2020, it shows how the perceived legal status of lockdown rules made a significant difference as to whether the UK public complied with them and that this effect is a product of the legitimacy that law itself enjoys within UK society. Based on this analysis, it argues that the problems with the government’s approach to guidance, that have been subjected to criticism in constitutional and legal terms, may also be open to critique on the basis that they risk undermining the public’s loyalty to the law itself.

Halliday, Simon et al, ‘Why the UK Complied with COVID-19 Lockdown Law’ (2022) 33(3) King’s Law Journal 386–410
Abstract: Evidence suggests that the UK’s first lockdown attracted high levels of compliance.2 Yet, a question remains about exactly why the UK public complied. Understanding people’s motivations towards compliance is important for governments when, in periods of crisis, they seek to use rules to change an entire population’s routine behaviour at considerable pace. This is particularly the case in the context of a pandemic where changes in even a small number of people’s behaviours can make a big difference to the overall number of infections. While hitherto research has generally explored adherence to behavioural restrictions irrespective of the legal status of their underpinning rules,3 our analysis focuses specifically on what drove public compliance with lockdown law. Our interest in compliance with law thus offers a particular contribution to the broader research endeavour of understanding public behaviour during lockdown, specifically examining the role of law and legal culture in the UK’s public responses to the pandemic.

Hanif, Saima, 'Potential legal implications of the regulatory response to COVID-19' (2020) 7(35) Butterworths Journal of International Banking & Financial Law 431-432
Abstract: Considers the main regulatory interventions by the UK banking and financial sectors in response to the coronavirus pandemic, and their potential legal implications. Reviews the commercial impact of key interventions and the possible legal consequences of government loan schemes, restrictions on capital distribution and mortgage forbearance. Discusses whether certain regulatory measures may be unlawful.

Hansen, Lee, 'Effective Mobilisation of Social Welfare Law Advice in Response to the Covid-19 Pandemic' in Ferstman, Carla; Fagan, Andrew (eds), 'Effective Mobilisation of Social Welfare Law Advice in Response to the Covid-19 Pandemic'' (School of Law and Human Rights Centre, University of Essex, 2020)
Abstract: The Covid-19 pandemic has the potential to spell the demise of access to justice for all but a select few. Prior to the crisis, the infrastructure for free and low-cost legal advice had been severely weakened by UK government policy and austerity-era budget cuts. Now, as solicitors are on furlough, law centres are on the brink of collapse and lockdowns have led to widespread service closures and restrictions, the legal needs of many members of society are set to multiply and may remain unmet. In the face of other crises (9/11, Bushfires, Grenfell), members of the legal support sector (legal aid providers, law centres, pro bono practitioners) worked together. This resulted in much needed help in the form of free legal advice to the affected communities. This paper surveys the lessons learned from such interventions. It explores the extent to which these experiences may serve as guidance to address the legal needs arising from the current crisis posed by the pandemic. It also highlights the unique features of the Covid-19 crisis. This suggests the need to look beyond ad hoc and technologically based measures (which worked in the past) to assert a more prominent role for the state in the legal advice sector.

Harker, Lisa, 'Children's contact with birth families: Lessons emerging during the pandemic' (2020) July(50) Family Law 929-931
Abstract: Considers how child contact arrangements have been managed during the coronavirus lockdown with restrictions on face-to-face contact. Refers to findings from Nuffield Family Justice Observatory research on the use of video calls for children in residential, foster and kinship care to facilitate contact with birth families.

Harker, Lisa and Mary Ryan, ''Remote hearings in family courts in England and Wales during Covid-19: Insights and lessons'' (2022) () Family Court Review (advance article, published 11 March 2022)
Abstract: The introduction of social distancing measures during the COVID-19 pandemic resulted in family court hearings in England and Wales being conducted remotely, by video or telephone. Over a 15 months period, the Nuffield Family Justice Observatory undertook three rapid consultations to identify how remote proceedings were working, according to families and to a wide range of professionals who work in and around the family court. The consultations revealed the value of working remotely in certain circumstances, but also highlighted significant questions of fairness and justice. These insights should inform how courts operate in the future.

Harris, Lauren, ‘Frustration in Crisis: How the Spanish Doctrine of Rebus Sic Stantibus Can Inform a Post-Pandemic Reexamination of English Contract Law Approach to Hardship’ [2023] 26 Trinity College Law Review 38-59
Abstract: Faced with a common enemy, the world has watched a global chess game where social distancing, travel restrictions, and vaccinations attempted to checkmate the COVID-19 virus. Despite the exceptional nature of the measures that were created in this global defence, their societal impact has crystallised. The transformative effect of the crisis has also reached the legal realm, prompting some to conclude that 'in law, things will never be the same as before'. Through a Spanish comparative lens, this article will question this in relation to the English cultural approach to contractual hardship. The first section will introduce and compare the doctrines of rebus sic stantibus ('rebus') and frustration, and, in doing so, critique the latter for its inadequacy in the current legal climate. In section two, this comparison will go deeper to analyse the different cultural contractual principles that define these approaches. In doing so, English contract law will be re-examined, and its potential to embrace a hardship doctrine will be hypothesised. This comparative exploration will be developed under three overlapping paradigms: the sanctity of freedom of contract, the economics of renegotiation, and finally, the moral underpinnings of good faith.

Harris, Neville et al, 'Coronavirus and Social Security Entitlement in the UK' (2020) 2(27) Journal of Social Security Law 55-84
Abstract: Examines reforms made to UK social security administration in response to the coronavirus pandemic. Discusses the rise in benefit claims, and changes to universal credit, housing benefit, jobseeker's allowance, the appeals procedure, statutory sick pay, and the position in Scotland. Considers the implications of the reforms, including issues of benefit access for the disabled and digital exclusion.

Harvey, Darren, ''Brexit and COVID-19'' (2021) 1: Covid-19: Political Responses and Legal Consequences(32) King's Law Journal 26-36
Abstract: The COVID-19 pandemic and the United Kingdom’s (UK) withdrawal from the European Union (EU) constitute the two greatest challenges faced by the UK state in modern times. The former has resulted in ‘the largest peacetime shock to the global economy on record’, with UK Gross Domestic Product ‘set to fall by 11 per cent this year – the largest drop in annual output since the Great Frost of 1709.’1The latter involves the UK leaving both the EU customs union and the EU single market and attempting to replace these arrangements with a much less ambitious free-trade agreement, thus constituting ‘the single gravest act of economic segregation in modern history.’Either of these challenges on their own would have undoubtedly caused widespread disruption to the legal and political order of any European nation state. One of the great misfortunes of our time, it seems, is that they both happen to have come along at the same time. The impact of COVID-19 and Brexit within the domestic legal order of the UK is neatly illustrated by AG v OG, a case concerned with the cross-applications for financial remedies by a divorced couple who had previously co-owned and operated a ducting business. The respondent in the case argued that when it came to calculating the value of the company, ‘a discount of 10% should be applied to reflect the effects of the economic downturn caused by the COVID -19 pandemic and the likely future disruption to be experienced on account of Brexit, particularly where there appears to be an appreciable risk that this country will not conclude a trade agreement with the European Union by 31 December 2020.’ This was because a significant portion of the company’s business was with customers based in the EU and, for the time being, that business was conducted on a tariff-free basis. The risk at the time of the UK and EU failing to reach an agreement in the ongoing negotiations (leading to a ‘no deal’ Brexit) was thus liable to have adverse consequences for the business. Similarly, it was argued that the COVID-19 pandemic had had a considerable impact upon the company, which had not only experienced a significant decrease in demand for the time being, but was likely to be negatively affected in the future by a predicted recession. In giving judgment in the case, Mostny J recognised that this was ‘an issue novel to this court but one which will likely become a recurring feature in cases like this.’ Ultimately, in accepting that the combination of Brexit and COVID-19 were likely to have a significant impact upon the value of the business at the centre of the dispute, Mostyn J agreed to the application of a ‘discount for COVID/Brexit on trading element at 10%.’ For the High Court, the uncertainty caused by the prospect of a no deal Brexit and the devastation caused by the COVID-19 pandemic were so closely intertwined that it was appropriate to consider their impact together when calculating the value of a company. Against this background, this short paper examines the disruption that the COVID-19 pandemic has caused to the Brexit process. Section II deals with the negotiations between the UK and the EU regarding the terms and conditions of what became the UK-EU Trade and Cooperation Agreement (TCA). I refer to this as the external dimension to the Brexit process. As we shall see, the effort that both sides have expended in responding to the pandemic placed immense pressure on the time and resources available for negotiating and concluding the new TCA, affecting the time available to scrutinise its contents before its entering into force on 1st January 2021. Section III then turns to examine the internal dimension of Brexit, drawing attention to the effects that the pandemic has had upon the abilities of the UK parliament and executive to prepare the domestic UK legal order for life after Brexit. Section IV is a conclusion.

Harwood, Jo, 'Domestic Abuse and COVID-19: The Legal Challenges' in Ferstman, Carla; Fagan, Andrew (eds), 'Domestic Abuse and COVID-19: The Legal Challenges'' (School of Law and Human Rights Centre, University of Essex, 2020)
Abstract: At a time when the home is presented as a place of safety in the face of Covid-19, there are major concerns that forced confinement is exacerbating the risks posed to victims of domestic abuse. Increased isolation, coupled with more limited opportunities to seek support, are presenting unprecedented challenges for victims and for the law in responding to domestic abuse. This paper takes as its focus these legal challenges, focusing particularly on the situation in the UK. It opens by addressing the implications for domestic abuse victims of the restrictions in movement. It then assesses the capacity of the criminal offence of coercive or controlling behaviour to respond to the rise in domestic abuse. It also explores the recent move to remote hearings within the family justice system, and associated access to justice concerns.

Healing, William, 'Divorce in the time of COVID-19: An English perspective' (2020) (2) International Family Law 118-124
Abstract: Considers how the coronavirus pandemic has affected divorce proceedings in England, and reflects on whether the changes will have long-term implications. Details relevant guidance on issues such as remote hearings, cases involving children, and financial provision questions including asset valuations.

Heath, Annabel, 'Lifting the Stay on Proceedings: More Questions than Answers' (2020) (381) Property Law Journal 6-11
Abstract: Discusses the stay on residential possession proceedings, introduced by CPR PD 51Z (Stay of Possession Proceedings, Coronavirus), which is due to end on 20 September 2020. Reviews the steps that landlords will have to take to reactivate claims after this date, referring to CPR PD 55C (Coronavirus: Temporary Provision in Relation to Possession Proceedings) and the regime governing claims issued on or after 3 August 2020. Anticipates the defences tenants facing eviction may raise.

Heywood, Rob, ‘The COVID-19 Care Home Discharge Policies: Public Authority Liability, Justiciability and the Common Law Duty of Care’ [2024] (2) Public Law 270–292
Abstract: During the COVID-19 pandemic, the Department of Health and Social Care implemented policies that sought to discharge patients from hospitals into care homes. These were a contributing factor to the high death rate in the latter. A question that has received little attention concerns the potential for any claim in negligence to be pursued in respect of those policies. This would involve allegations of negligence against defendants who are subject to both statutory duties and powers, and there is now a degree of uncertainty as to how the courts will treat public authority liability in the aftermath of the Supreme Court judgment in Poole. The starting point for any claimants would be establishing that a common law duty of care was owed to them. This paper therefore considers that important question.

Hickman, Tom, ''Abracadabra Law-Making and Accountability to Parliament for the Coronavirus Regulations'' (SSRN Scholarly Paper No ID 3732097, 17 January 2020)
Abstract: Since 26 March 2020 the day-to-day life of every person in the country has been regulated and restricted to an exceptionally high degree by criminal laws made by regulations that have intruded deeply into the heart of individual liberty, regulating the purposes for which people can leave their homes, their ability to socialise and meet family members and their ability to work. The regulations have been made under the Public Health (Control of Disease) Act 1984. Disquiet about the development of a modern form of government by proclamation gradually built-up in Parliament over the summer of 2020. This paper examines this issue. It identifies the two functions of Parliament in relation to delegated legislation as (a) accountability and (b) transparency. It concludes that in the period 26 March 2020 to 12 October 2020 Parliament was unable to perform these functions adequately. Regulations were produced at the last minute, shortly before they came into effect, and parliamentary scrutiny and debate of the measures, if it occurred at all, was belated, restricted and stale. It is suggested that far from being merely a product of an exceptional period, the experience highlights structural weaknesses in the regime for scrutiny of delegated legislation which need to be urgently addressed.

Hickman, Tom and Joe Tomlinson, ‘Judicial Review during the Covid-19 Pandemic’ (2023) 27(3) Edinburgh Law Review 252–283
Abstract: The public health crisis during the COVID-19 pandemic subjected judicial review to competing pressures. There was pressure for courts to be accommodating to governments both substantively and procedurally, for judicial review to be minimised and restricted and for powers to be broadly and generously construed. On the other hand, the unparalleled intrusions on individual freedoms and the need for hurried rule-making with little political scrutiny called for heightened vigilance and might have justified the courts developing a role acting in partnership with Governments in ensuring COVID-19 rules were lawful, reasonable and proportionate. The reported decisions in England, Wales and Scotland reveal the dominance of the first of these pressures and they paint a markedly deferential picture. Judicial rulings had negligible impact on COVID-19 restrictions. Courts did not act in partnership with the Government in shaping COVID-19 rules. The system of judicial review nonetheless had impact through what we described as its “second look” function: providing a mechanism for triggering public servants to look again at a decision and amended or change them to provide a sounder balance between public health imperatives and competing rights and interests.

Hindle, Andrew, 'Coronavirus and the Private Rented Sector: An Update' (2020) 4(24) Landlord & Tenant Review 135-138
Abstract: Reviews developments in the private rented sector since the introduction of reforms made by the Coronavirus Act 2020, including a ban on forfeiture for non-payment of rent. Examines the position regarding stays of possession proceedings, commercial rent arrears recovery, moratoriums suspending creditors’ rights, prohibitions on winding-up petitions and suspension of liability for wrongful trading.

Hitchings, Emma and Mavis Maclean, ''Unprecedented times: some thoughts on the consequences of the COVID-19 pandemic from a family and social welfare law perspective'' (2020) 3(42) Journal of Social Welfare and Family Law 277-280
Extract: The effects of the global health crisis and the strategy of national lockdown to ameliorate the pandemic across the globe have had unparalleled consequences for family and social welfare law. Government policies across the world have been introduced at a scale and pace that would have been unthinkable as recently as February of this year. These have been introduced in order to limit the inevitable devastating economic consequences and have resulted in unprecedented levels of government support for businesses and individuals. Other nations such as France are already in an official recession, and while the United Kingdom has not, as yet, made the official list, there is no doubt that we are on our way. According to the Office for National Statistics (2020), Britain’s economy contracted by 2.2% in the first three months of 2020 and GDP fell by 6.9% in March even though the strictest lockdown measures were only in place for nine days of that month.

Holdstock, Emily, 'Six months on' (2020) (381) Property Law Journal 1-5
Abstract: Reflects on the impact of the COVID-19 pandemic on the construction industry. Discusses contractual risk allocation and key provisions in both the NEC and JCT suites of contracts, negotiation of new construction contracts, and the implications of contractor insolvency.

Holt, Kim and Nancy Kelly, 'The Adoption and Children (Coronavirus) (Amendment) Regulations 2020: Regulations introduced during a global coronavirus pandemic that will have implications for the most vulnerable children' (2020) July(50) Family Law 869-874
Abstract: Reviews changes made by the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 to the Care Planning, Placement and Case Review (England) Regulations 2010 and the Adoption Agencies Regulations 2005. Expresses concern about the lack of consultation and scrutiny and argues that the changes are disproportionate and unjustified.

'Homelessness Code of Guidance' (2020) 5(23) Journal of Housing Law D95
Abstract: Notes the amendments made to the Homelessness Code of Guidance from 29 June 2020 in response to the coronavirus pandemic, including advice that local authorities carefully consider applicants' vulnerability in regard to coronavirus.

Horowitz, Veronica, Synove N Andersen and Jordan M Hyatt, ‘COVID-19 and the New Pains of Imprisonment’ (2025) 65(1) British Journal of Criminology 75–92
Abstract: As the COVID-19 pandemic upended life worldwide, prisons gained attention as epicentres for the virus. The focus was primarily on infections and death rates, often omitting the impact on incarcerated people. This study draws on semi-structured interviews (n = 58) with men imprisoned throughout the pandemic. Using and extending classic and contemporary theorizations of ‘the pains of imprisonment’, we find that official pandemic responses meant that (1) new, pandemic-related pains developed, (2) established pains changed in severity and took new manifestations, and (3) pains were experienced simultaneously and interactively. Thus, the pandemic amplified, diversified and compounded the pains of imprisonment. While most visible in the context of a large-scale crisis, these concepts provide an expanded, broadly applicable framing for future carceral scholarship.

'House of Commons Justice Committee issues report on effect of COVID-19 on the courts' (2020) (August) Computers and Law 46-47
Abstract: Discusses the House of Commons Justice Committee’s report on the effect of COVID-19 on the courts and tribunals in England and Wales. Highlights issues surrounding the use of remote hearings and the need to ensure that court users, particularly those who may be considered to be vulnerable, are sufficiently able to follow and participate in virtual processes.

Howard League Scotland, 'Things are improving in our prisons ... aren't they?' (2020) 5(65) Journal of the Law Society of Scotland 27
Abstract: Highlights the work of Howard League Scotland: ensuring that certain prisoners are released under the Coronavirus (Scotland) Act 2020; upholding prisoners’ human rights during the COVID-19 lockdown restrictions; campaigning for the publication of prison-specific COVID-19-related data; and highlighting the need for prisons to continue to be monitored during COVID-19 when prison inspections have been suspended.

Howell, Elizabeth, 'Brexit, Covid‚Äê19, and Possible Frameworks for Future UK/EU Financial Governance Cooperation' (2021) 6(84) Modern Law Review 1227-1256
Abstract: The EU project is at an inflection point. Intra‚ÄêEU alliances are altering following the UK's departure, the EU's financial markets remain segmented, and there is limited appetite for completing the Banking Union. The second stage of Brexit negotiations also collided with the Covid‚Äê19 pandemic, which has strained economies around the world. These issues amount to a 'polycrisis' for the EU, raising existential questions about its future. This article focuses on one strand of the debates generated within this polycrisis: future UK/EU policy cooperation with respect to financial governance. The article discusses the importance of the financial services sector to the UK and the EU, and examines potential institutional options for future cooperation. In particular, it advocates harnessing dexterous aspects evident within precedents, including existing EU/third country association agreements, to develop a functional arrangement for future financial governance cooperation, which could also lead to closer UK/EU cooperation than currently appears likely.

Hudson, Emily, ''Copyright Guidance for Using Films in Online Teaching During the COVID-19 Pandemic'' (SSRN Scholarly Paper No ID 3667025, 04 January 2020)
Abstract: This Guidance discusses copyright options for using feature films and other audiovisual content in online teaching. It responds to concerns amongst UK higher education institutions (HEIs) that moving education online as a result of the COVID-19 pandemic raises new copyright risks. At many HEIs, in-person lectures may not be possible in the coming academic year due to COVID-related social distancing requirements. Even if some face-to-face teaching is possible, many students will undertake some or all of their studies remotely. One particular concern has been ensuring that Film Studies departments can screen feature films to students online, this being an essential part of those programmes. But lecturers in other disciplines also use a variety of films in their teaching, making these copyright questions of broader relevance. HEIs are keen to know whether they may use audiovisual content in online teaching without a licence. The key take-home message from this Guidance is that there are a number of exceptions in the Copyright, Designs and Patents Act 1988 (CDPA) on which HEIs may be able to rely. It focuses in particular on the fair dealing exception for illustration for instruction in s. 32 of the CDPA, and quotation in s. 30(1ZA).

Hudson, Emily, ''Updated Copyright Guidance for Using Films, Audiovisual Works and Images in Online Teaching: Beyond the Covid Pandemic'' (SSRN Scholarly Paper No ID 4042770, 24 January 2022)
Abstract: In August 2020, I released guidance in relation to the copyright options for using feature films and other audiovisual content in online teaching. That guidance sought to address questions from UK higher education institutions (HEIs) in relation to the copyright implications of the sector-wide shift to remote learning necessitated by the Covid pandemic. HEIs were keen to know whether they could use audiovisual content in online teaching without a licence. The key take-home message was that there are a number of exceptions in the Copyright, Designs and Patents Act 1988 (CDPA) on which HEIs may be able to rely, including section 32 (fair dealing for the sole purpose of illustration for instruction) and section 30(1ZA) (fair dealing for the purpose of quotation).This Updated Guidance updates my earlier guidance. It includes new content, in particular a legal checklist for using section 32 and new analysis on the use of stills, photographs and other images by reference to fair dealing. It also considers the degree to which the 2020 analysis of fair dealing was dependent on the conditions that characterised the first year of the pandemic. Its key message is that many of the arguments that film and audiovisual works may be used in online teaching by reference to copyright exceptions are not dependent on the Covid pandemic. Rather than seeing these arguments as reflecting the exceptional and “unprecedented” nature of the pandemic, it can be argued that the pandemic merely accelerated the emergence of new copyright norms and interpretations in relation to educational copying exceptions.

'Human Rights' (2020) (July) Public Law 561-563
Abstract: Reviews developments relating to human rights, including: a statement of principles on the treatment of persons deprived of their liberty in the context of the coronavirus pandemic; the inaugural Bonavero Institute of Human Rights Lecture entitled 'The Democratic Virtues of Human Rights Law'; delegated legislation for the coronavirus lockdown; the Marmont report, Health Equity in England; and Equality and Human Rights Commission's reports.

Hunt, Joanna, 'Complying with Business Immigration Law During the COVID-19 Pandemic' (2020) May(210) Employment Law Journal 16-18
Abstract: Considers changes to immigration policy as a result of the coronavirus pandemic and how this is likely to affect employers and migrant workers. Looks at the effect on applicants who are unable to enter the country, foreign national employees outside the UK and foreign national employees inside the UK. Discusses how the Government has adapted right to work checks for new starters where employees are working at home, and the duties of Tier 2 sponsor licence holders.

Hurford, James E, ''The BMA COVID-19 ethical guidance: a legal analysis'' (2020) 2(26) The New Bioethics 176-189
Abstract: The paper considers the recently published British Medical Association Guidance on ethical issues arising in relation to rationing of treatment during the COVID-19 Pandemic. It considers whether it is lawful to create policies for the rationing and withdrawal of treatment, and goes on to consider how such policies might apply in practice. Legal analysis is undertaken of certain aspects of the Guidance which appear to misunderstand the law in respect of withdrawing treatment.

Hurley, Ciara, ‘Decision-Making during a Crisis’ (SSRN Scholarly Paper ID 4020322, 28 January 2022)
Abstract: The COVID-19 crisis was a time of great uncertainty and inordinate stress. For the boards of public companies in the UK, a series of continuously emerging challenges required rapid decision-making on the basis of incomplete information. The early stages of the crisis provide an ideal setting in which to examine boardroom decision-making because such a high stress environment can bring to light the mechanisms and motivations that underlie this process, which we can use to discover features of decision-making that might not otherwise be apparent. This paper uses the regnant view in corporate governance scholarship - that directors will follow the shareholder value maximisation norm - to predict how we would expect companies to respond to the crisis. It then draws on a unique set of qualitative data that was gathered from interviews with directors in FTSE 350 companies and other actors in the corporate governance system during the early stages of the crisis (March-June 2020) to examine decision-making in UK company boardrooms. We will discuss the findings and pose three non-exclusive interpretations, as well as a fourth which is common to all interviews involving elite participants, and consider the implications of these for our understanding of boardroom decision-making.

'ICO Guidance for Employers on COVID-19 Workplace Testing' (2020) (June) Computers and Law 17-18
Abstract: Outlines Information Commissioner’s Office (ICO) guidance for employers wanting to test their employees for COVID-19 or ask them for their test results, on how to ensure they are complying with Regulation 2016/679 (GDPR) and the Data Protection Act 2018.

'Immigration, Extradition, Deportation and Asylum' (2020) (July) Public Law 563-566
Abstract: Reviews immigration-related developments including R. (on the application of Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department (CA) on whether measures preventing landlords from letting to persons without leave to remain in the UK was discriminatory and breached ECHR arts 8 and 14. Notes the automatic extension of the visas of overseas health care workers beyond 1 October 2020. Note: link to R (on the application of Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department [2020] EWCA Civ 542 on BAILII.

'Inequality in the Impact of the Coronavirus Shock: Evidence from Real Time Surveys' (IZA Discussion Paper No 13183, 04 January 2020)
Abstract: We present real time survey evidence from the UK, US and Germany showing that the labor market impacts of COVID-19 differ considerably across countries. Employees in Germany, which has a well-established short-time work scheme, are substantially less likely to be affected by the crisis. Within countries, the impacts are highly unequal and exacerbate existing inequalities. Workers in alternative work arrangements and in occupations in which only a small share of tasks can be done from home are more likely to have reduced their hours, lost their jobs and suffered falls in earnings. Less educated workers and women are more affected by the crisis.

Isaq, Mohammad, ‘Navigating Legal Terrain: The Interplay of Human Rights and Judicial Review Law in the COVID-19 Era’ (2024) 13(2) Leicester Student Law Review 74–88

James, Sue, 'We Have Another Government U-turn but it Must Do So Much More to Protect Renters' (2020) (September) Legal Action 5
Abstract: Discusses the importance of face-to-face advice in possession cases, the probable method of listing possession claims after the stay imposed in response to the coronavirus pandemic, including the use of review hearings, and the Government’s extension of the stay on possession cases until 20 September 2020. Suggests why better welfare benefit advice would help reduce rent arrears issues and reduce unnecessary court hearings.

Johnston, Ed and Ed Cape, ‘Legal Assistance at the Police Station: Shifts and Contradictions in the Context of Covid-19’ in Legal Assistance at the Police Station: Shifts and Contradictions in the Context of Covid-19 (Routledge, 2022) 6–25
Abstract: The Covid-19 pandemic has presented severe challenges to the criminal justice system in England and Wales. The issue that received most public attention was the suspension of criminal trials and, in particular, the difficulties of conducting jury trials in the context of social distancing. Less publicised but no less problematic, were the challenges at the investigative stage of the criminal process, especially ensuring respect for the procedural rights of persons suspected of crime. A person arrested on suspicion of a criminal offence is entitled to ‘consult a solicitor privately at any time’ (PACE 1984, s. 58(1)). One response to the need for social distancing was a protocol, agreed between the CPS, NPCC, Law Society and a number of other professional bodies, under which police interviews may be conducted entirely ‘virtually’ or, where an interview physically takes place at a police station, with the suspect’s lawyer participating by telephone and/or other electronic means. In this way, the right to consult a solicitor under PACE is preserved, although it requires some ‘creativity’ in respect of the requirements of PACE Code of Practice C, para 6.8, which provides that a suspect is entitled to have their solicitor ‘present’ when they are interviewed. This chapter questions whether this ‘creative’ approach sufficiently respects the right to a lawyer and, in this context, also examines the latest ‘efficiency’ mechanism known as Pre-Charge Engagement.

Jones, Gareth Lynton, 'How Can Landlords Boost Cash Flow?' (2020) (2036) Estates Gazette 43
Abstract: Offers advice for commercial landlords on how to adjust operating models and improve cash flow in light of the COVID-19 pandemic. Warns of the potential pitfalls of turnover rents. Considers how the type of economic recovery might affect a landlord’s cash flow, the lender-landlord relationship, possible repercussions of evicting non-paying tenants, and operating model outsourcing.

Kang, Jagvinder Singh, 'NHSX Covid-19 Tracing App: “Nothing to Fear but Fear Itself!”' (2020) June() Computers and Law 40-44
Abstract: Discusses issues that have been raised regarding the proposed national roll-out of the NHSX COVID-19 contact tracing applications software, including: whether it is really necessary; whether it is going to be privacy intrusive; how much personal data it aims to collect; whether it will adopt a centralised or decentralised approach; and the pre-conditions that have been set by the Government’s Joint Committee on Human Rights prior to its roll-out.

Kelly, Richard et al, ''Coronavirus: Changes to practice and procedure in the UK and other parliaments'' (House of Commons Library Briefing Paper No 8874, 19 January 2020)
Abstract: This Briefing Paper illustrates changes that have been made to procedures and practices in response to coronavirus in the House of Commons and a small selection of other parliaments. Note: the other parliaments considered in this paper are Wales, Scotland, Jersey, Isle of Man, Denmark, France, Germany, Ireland, Sweden, Australia, Canada, New Zealand and Brazil.

Keyes, John Mark, ‘Judicial Review of COVID-19 Legislation: How Have the Courts Performed?’ (2023) 30(2) Australian Journal of Administrative Law 115 [pre-published version available on SSRN]
Abstract: This paper considers judicial responses to challenges to legislative action taken to address the COVID-19 pandemic, how these responses were affected by emergency conditions and the implications for judicial review generally and its role in society. The paper begins by outlining the types of legislative measures taken and then considers in very general terms the rule of law and judicial review, including hurdles to judicial review arising in many of the challenges to COVID-19 legislation, which in turn go some distance towards explaining the failure of most challenges. The paper looks next at the principal grounds advanced for challenging COVID-19 legislation in terms of the matters it addressed and the bases for the challenges. The bases for challenge are grouped under three headings: 1. constitutional law limits on law-making authority, 2. administrative law limits on delegated authority, 3. fundamental human rights and rights of Indigenous peoples. This survey is by no means exhaustive. Its aim is to add to the growing body of commentary on emergency legislation by focusing on a limited number of cases, mainly from Canada with a few from the UK, New Zealand and Australia.

Keys, Clare et al ''Health Inequalities and Ethnic Vulnerabilities During COVID-19 in the UK: A Reflection on the PHE Reports.'' (2021) 1(29) Feminist Legal Studies 107-118
Abstract: COVID-19 has uncovered the vulnerabilities, inequalities and fragility present within our social community which has exposed and exacerbated the pre-existing racial and socioeconomic inequalities that disproportionately affect health outcomes for Black, Asian and Minority Ethnic (BAME) people. Such disparities are fuelled by complex socioeconomic health determinants and longstanding structural inequalities. This paper aims to explore the inequalities and vulnerabilities of BAME communities laid bare by the Public Health England (PHE) reports published in June 2020, concluding with suggested strategies to address inequalities in a post COVID-19 recovery.

King, Jeff and Natalie Byrom, ‘United Kingdom: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2021)
Abstract: The response to the pandemic has not changed the basic constitutional structure of the state. It has fortified the importance of devolution arrangements for meaningful autonomy. For the UK Government and Westminster Parliament, however, a number of pre-existing tensions in respect of the executive dominance of Parliament, lack of accountability over delegated law-making, and backlogs in the court system were exacerbated during the pandemic.

Kirchmaier, Tom and Carmen Villa-Llera, ''Poverty and Crime: COVID and the 'New Normal''' (SSRN Scholarly Paper No ID 3700329, 27 January 2020)
Abstract: The ultimate aim of this paper is to shed light on the direction of causality between poverty and crime. For this we use the unexpected economic COVID-19 shock as an instrument, as different regions got hit in different ways, and at different times. We show preliminary results, which we are planning to update every month and hence are subject to change. We also document the spatial and temporal uptake of furlough and unemployment support schemes. We provide near-time insight into the economic impact of the pandemic on crime rates in England and Wales.

Kirkham, Karen, 'Hard cases make bad contracts' (2020) 6(31) Construction Law 6-7
Abstract: Examines the implications of rare or unforeseen compensation events or force majeure for JCT and NEC construction contracts in light of the impact on the construction industry of the COVID-19 pandemic. Argues that crisis-driven amendments to contracts may result in excessive risk for the contractor and prove to be ineffective.

Kirkpatrick, Andrew, 'Updated Guidance on the Execution of Wills During the Covid-19 Crisis' () Spring(233) Writ 16
Abstract: Summarises the guidance issued by the Law Society of Northern Ireland's Non Contentious Business Committee on the execution of wills during the COVID-19 lockdown period where face to face meetings are difficult.

Klein, Rudi, 'Spoiling for a fight' (2020) (13) Building 34-35
Abstract: Comments on the difficulties contractors may experience when attempting to rely on force majeure to defend contractual delays as the industry emerges from the COVID-19 lockdown. Suggests that the Government could use the Civil Contingencies Act 2004 to adopt regulations mitigating the effects the pandemic has had on the construction industry.

Kwan, Martin, ‘Remote vs. In-Person Testimony in Hong Kong Courts’ [2021] Northwestern University Law Review of Note (20 June 2021)
Abstract: Should the pursuit of effective scrutiny of witnesses override public health considerations and the witness’s right to health? This article explores the debate on whether a witness can choose to give evidence via video-conferencing facilities (VCF) during the COVID-19 pandemic. It explores the practices adopted in a number of jurisdictions, such as the UK, Hong Kong, Australia and Canada.

Kyprianides, A et al, ‘Policing the COVID-19 Pandemic: Police Officer Well-Being and Commitment to Democratic Modes of Policing’ (2022) 32(4) Policing and Society 504–521
Abstract: Police organisations have a wealth of experience in responding to emergencies, but COVID-19 is unprecedented in terms of the speed, scale and complexity of developing doctrine and its implementation by officers. The crisis also threw into sharp relief the fact that police policy and, crucially, practice are always implemented within wider social, political and economic contexts. Using online survey data collected from 325 police officers based at forces operating across different UK contexts (cities, conurbations, towns and rural areas), we seek to understand officer experiences and perceptions of policing COVID-19. In particular, we examine whether (internally) organisational climate and (externally) the UK government’s response to COVID-19 were important to (a) officers’ support for police use of force at times of emergency, (b) officer’s support for procedurally just policing at times of emergency, and (c) their health and well-being; and whether identification and perceptions of self-legitimacy mediate the associations between these variables. We show that a positive organisational climate was associated with less support for police use of force, more support for procedurally just policing and increased police officer health and well-being. Our results, however, suggest potential negative correlates of police officer self-legitimacy: higher levels of self-legitimacy were associated with poorer police officer health and well-being and increased support for police use of force. These results have important implications for our understanding of police officer well-being and police officers’ commitment to democratic modes of policing when faced with policing a pandemic.

Lalafaryan, Narine, ''Material Adverse Change uncertainty: costing a fortune if not corporate lives'' (2020) () Journal of Corporate Law Studies 1-46
Abstract: The Material Adverse Change/Effect doctrine (‘MAC’) has become an important, yet chaotic legal concept. With its vague definition and multi-functional objectives on the one hand, and the potential of dramatic consequences arising from the instability of global financial systems, terrorism, Brexit, and, quite possibly, pandemic (COVID-19) outbreaks on the other hand, the significance of MAC has evolved. The article analyses uncertainty surrounding the MAC doctrine under English law by critically evaluating the MAC and investigating its future under English law both in Debt Finance and M&A following Delaware’s ground-breaking decision in Akorn v Fresenius, followed by Boston Scientific. The article argues for a growing ex-ante, ex-interim, and ex-post practical importance of MAC in the light of destabilising market events. It also argues that Delaware MAC principles are relevant as a reference point for resolving English MAC uncertainties, provided one considers the specifics of MAC’s interpretation in both jurisdictions and its unique attributes in M&A and in Debt Finance. The article further argues that there is no overarching model for the correct application of MAC, be it in Debt Finance or in M&A.

Larner, Samuel and Hannah Smithson, ‘“How Can You Punish a Child for Something That Happened over a Year Ago?” The Impacts of COVID-19 on Child Defendants and Implication for Youth Courts’ (2023) 87(4) The Journal of Criminal Law 252–265
Abstract: The project on which this paper is grounded is the first in-depth empirical study of the impacts of COVID-19 on each stage of the English and Welsh Youth Justice System. We take the notion of a child’s right to a fair trial as the lens by which we detail the findings from our research. The paper documents the experiences of professionals working in the courts and children who had contact with the courts during the pandemic. While we concentrate on processes in England and Wales as an exemplar of the impact of COVID-19, recognising that globally, courts were experiencing similar challenges, initiates a discourse about how to re-envision their role in wider criminal justice systems in a COVID-19 world. Our research demonstrates an urgent need for renewed consideration of what support children need to effectively participate in court, and where and how children’s cases should be heard. The pandemic demonstrated that creativity is possible and creates a timely opportunity to review the evidence and think more radically about a welfare-based, trauma-informed court process for children.

Lavorgna, Anita et al, ''To App or Not to App? Understanding Public Resistance to COVID-19 Digital Contact Tracing and its Criminological Relevance'' (2021) 2(3) Law, Technology and Humans 28-45
Abstract: In the context of the COVID-19 pandemic, digital contact tracing has been developed and promoted in many countries as a valuable tool to help the fight against the virus, allowing health authorities to react quickly and limit contagion. Very often, however, these tracing apps have faced public resistance, making their use relatively sparse and ineffective. Our study relies on an interdisciplinary approach that brings together criminological and computational expertise to consider the key social dynamics underlying people’s resistance to using the NHS contact-tracing app in England and Wales. The present study analyses a large Twitter dataset to investigate interactions between relevant user accounts and identify the main narrative frames (lack of trust and negative liberties) and mechanisms (polluted information, conspiratorial thinking and reactance) to explain resistance towards use of the NHS contact-tracing app. Our study builds on concepts of User eXperience (UX) and algorithm aversion and demonstrates the relevance of these elements to the key criminological problem of resistance to official technologies.

Lawson, Anna and Lisa Waddington, ‘Disability in Times of Emergency: Exponential Inequality and the Role of Reasonable Accommodation Duties’ in Shreya Atrey and Sandra Fredman (eds), Exponential Inequalities: Equality Law in Times of Crisis (Oxford University Press, 2023) 255
Abstract: This chapter explores whether the ‘traditional’ reasonable accommodation duty is ‘fit for purpose’ in times of crisis and whether variations of this duty might be better suited to the task. The reasonable accommodation obligation requires duty-bearers to take disability into account, and to make an adjustment, alteration, or accommodation to their standard practices, policies, and structures in order to meet the needs of a particular disabled individual. One limitation of the ‘traditional’ reasonable accommodation duty is that it is ex post, in that it is triggered only when an individual indicates that they are facing a barrier. Other types of reasonable accommodation duties adopt a more pro-active or ex ante approach. One example is the anticipatory reasonable adjustment duty in the Equality Act 2010. This requires duty-bearers to consider the foreseeable needs of disabled people in advance of an individual request being made. There is little evidence of Covid-19-related litigation based on the ‘traditional’ ex post reasonable accommodation duty. In contrast, the ex ante anticipatory reasonable adjustment duty in the Equality Act 2010 has been heavily used during the Covid-19 crisis. The fact that it focuses attention on what duty-bearers should have been doing to avoid creating disadvantage, rather than on simply what they can do to remove it once in place, is perhaps more useful in times of crisis. The chapter nevertheless finds that there is much more that needs to be done to build a legal framework that robustly embeds disability equality.

Leader, Sheldon, 'The Reach of Rights in the Crisis' in Ferstman, Carla; Fagan, Andrew (eds), 'The Reach of Rights in the Crisis'' (School of Law and Human Rights Centre, University of Essex, 2020)
Abstract: Introduction: This chapter explores some central challenges to bringing domestic and international human rights principles to bear on the provision of health care in this pandemic. It looks at the ways in which policy aims to balance a variety of competing rights and demands. Some involve competition for access to scarce resources in hospitals, where the competition might be between possessors of the same right to enjoy the highest attainable standard of health: a gain for one might require a loss for another. Other situations involve a competition between a human right that might conflict with institutional demands that do not themselves rank as implementing human rights, but are nevertheless demands that are sometimes considered legitimate and which can exercise considerable downward pressure on the ability to give full effect to the human rights in question. This happens in the present pandemic, for example, when orders, backed by the threat of dismissal, are given by some enterprises to their workforces to return to work despite evidence that this return can jeopardise their health. While the enterprise cannot usually claim to be making a human rights-based demand in an order to return to work, there is here a recognisable competition between the right to health and the demand to stimulate the economy.

'Legal information about the Coronavirus.' (2020) 9 (March) Lawyer (Online Edition) 1
Abstract: The article discusses several legal aspects of Covid-19 in Great Britain. It mentions that the outbreak has raised points of employment law, immigration, health and safety and data protection law for employers. It mentions that British Foreign and Commonwealth Office is currently advising against all travel to many countries and cities. It mentions that government has announced measures designed to help employers retain staff during pandemic.

Leow, Darren, ''Bespoke Coronavirus Legislation and the Wrinkled Well-Fitted Shirt Part A: Keeping Safe in a Dangerous Time - COVID-19 and Its Mutants'' (2021) (2021) Singapore Comparative Law Review 57-65
Abstract: The sudden and unprecedented onset of the Coronavirus Disease 2019 ("COVID-19") pandemic has caused colossal disruptions to nearly everyone's lives and sent ripples throughout the global economy. While the precise response that each country has taken to counter the pandemic differs, many countries have passed some form of legislation enabling the executive to use a suite of powers to curb the spread of the deadly virus, to varying degrees of success. Yet, have these measures conferred too much power on the executive and hindered accountability? Will the response to the current crisis set a precedent for similar issues in the future? These are issues that this essay seeks to explore, by focusing on the COVID-19 legislation used in Singapore and in the United Kingdom.

Lewis, Oliver, 'COVID-19 and care homes inquiry: An urgent call' (2020) September() Counsel 40-41
Abstract: Calls for an inquiry under the Inquiries Act 2005 into the Government’s response to the COVID-19 pandemic and its effect on care homes. Lists key questions for such an inquiry.

Liddell, Kathleen et al, ''Isolating residents including wandering residents in care and group homes: Medical ethics and English law in the context of Covid-19'' (2021) January–February(74) International Journal of Law and Psychiatry Article 101649
Abstract: This article investigates the lawfulness of isolating residents of care and group homes during the COVID-19 pandemic. Many residents are mobile, and their freedom to move is a central ethical tenet and human right. It is not however an absolute right and trade-offs between autonomy, liberty and health need to be made since COVID-19 is highly infectious and poses serious risks of critical illness and death. People living in care and group homes may be particularly vulnerable because recommended hygiene practices are difficult for them and many residents are elderly, and/or have co-morbidities. In some circumstances, the trade-offs can be made easily with the agreement of the resident and for short periods of time. However challenging cases arise, in particular for residents and occupants with dementia who ‘wander’, meaning they have a strong need to walk, sometimes due to agitation, as may also be the case for some people with developmental disability (e.g. autism), or as a consequence of mental illness. This article addresses three central questions: (1) in what circumstances is it lawful to isolate residents of social care homes to prevent transmission of COVID-19, in particular where the resident has a strong compulsion to walk and will not, or cannot, remain still and isolated? (2) what types of strategies are lawful to curtail walking and achieve isolation and social distancing? (3) is law reform required to ensure any action to restrict freedoms is lawful and not excessive? These questions emerged during the first wave of the COVID-19 pandemic and are still relevant. Although focussed on COVID-19, the results are also relevant to other future outbreaks of infectious diseases in care and group homes. Likewise, while we concentrate on the law in England and Wales, the analysis and implications have international significance.

Lim, Nicole, ''COVID-19 Implications for Contracts under Singapore and English Law'' (2020) (2020) Singapore Comparative Law Review 119-127
Abstract: Introduction: COVID-19 has been regarded as the "black swan" event of 2020, causing massive upheaval to businesses and impacting economic ecosystems on an unprecedented scale. Since the onset of the pandemic, governments across the globe have responded with measures in the form of border restrictions and orders requiring employees to stay at home, which have severely disrupted business operations and supply chains. Many businesses which encountered difficulties in fulfilling their contractual obligations faced the threat of damages claims or risked having their deposits forfeited or leases terminated. This article will explore two primary avenues of contractual relief-force majeure clauses and the doctrine of frustration-under English and Singapore law. While Singapore's position in these two areas of law accords with the English position, local jurisprudence further elucidates the legal position for parties. Also, new legislation fast-tracked through the Singapore Parliament now offers affected businesses and individuals interim relief in relation to certain contracts.

Lindsey, Jaime, 'Open Justice, Participation and Materiality: Virtual Hearings and the Court of Protection' in Ferstman, Carla; Fagan, Andrew (eds), 'Open Justice, Participation and Materiality: Virtual Hearings and the Court of Protection'' (University of Essex, 2020)
Abstract: There has been much discussion about the use of technology in the justice system as a result of measures introduced by the UK government to respond to the Covid-19 pandemic. In this paper I articulate my own thoughts on the use of virtual hearings in light of the pandemic, specifically focusing on their use in contexts concerning potentially vulnerable participants, such as in the Court of Protection. In doing so, I highlight a number of challenges, opportunities and reflections on how we might respond to their use. I argue that in coming to analyse the use of virtual hearings, we should focus on the extent to which open justice is secured, the material differences between the virtual and physical court hearings and the participation of those affected by proceedings.

Lock, Daniella, Fiona de Londras and Pablo Grez Hidalgo, ‘Delegated Legislation in the Pandemic: Further Limits of a Constitutional Bargain Revealed’ [2023] Legal Studies (Advance article, published online 5 October 2023)
Abstract: The challenge that delegated legislation poses to parliamentary sovereignty and associated supremacy in the UK is purportedly addressed through what we term the ‘constitutional bargain of delegated law-making’. This has three elements: the proper limitation of delegation by Parliament through well-designed parent legislation; the exercise of self-restraint by the Executive in the use of delegated authority; and the enablement of meaningful scrutiny by Parliament. As a paradigm situation in which delegated law-making might be said to be necessary, the first year of the Covid-19 pandemic is an apposite context in which to assess the robustness of that bargain. Our analysis uses a sample of Westminster-generated pandemic-related secondary instruments as a peephole into the broader dynamics of this constitutional bargain and further reveals its significant frailties; frailties that are exposed, but not created, by the pandemic.

Loughran, Matthew and Richard Latham, ‘Autonomy, Liberty, and Risk: The Ethical and Legal Challenges of Suspending Leave of Absence for Patients Detained under the Mental Health Act 1983 during the COVID-19 (Coronavirus) Pandemic’ [2022] Medicine, Science and the Law (advance article, published online 12 May 2022)
Abstract: During the COVID-19 pandemic, many governments around the world have imposed significant restrictions on freedom of movement to tackle the virus. Mental health units have mirrored this approach, implementing restrictive measures to safeguard the health of patients, staff, and the wider community. This paper explores the relevant legal provisions and ethical principles that guide medical decisions regarding restriction of liberty, before considering the suspension of leave from hospital that occurred in several mental health services in response to the pandemic. It reviews how existing ethical principles within the field of public health may support a better-informed decision-making process, should similar widespread restrictions be imposed again.

Lowe, Timothy Peter Martin et al, ‘Violent Crime and COVID-19 in England and Wales’ in Dina Siegel, Aleksandras Dobryninas and Stefano Becucci (eds), Covid-19, Society and Crime in Europe (Springer, 2022) 279–294
Abstract: For some time, violent crime had been rising across England and Wales resulting in the government’s Serious Violence Strategy 2018. This was set against a background of austerity, but just as re-investment in policing numbers was underway, the Covid-19 pandemic struck. As a result, crime patterns changed dramatically as did policing practices. In this chapter, we analyse the impact of the pandemic on crime figures but also show the development of changing policing practices. Focusing on one region and using the most recent police data from a county police service in the UK that we will refer to as ‘Midshire’ police, it will show how the pandemic saw reductions in many crime types but also allowed the introduction of innovative policing practices such as a public health approach. The pandemic may therefore leave a legacy of more focused public health approaches to violence reduction.

Lyon, Fiona, 'The surrogacy journey' (2020) 7900(170) New Law Journal 12-14
Abstract: Outlines the legal and practical steps involved in a surrogacy arrangement, including surrogacy agreements, parental orders, relevant case law, and the effects of COVID-19 on international surrogacy.

MacMillan, Catharine, 'Covid-19 and the problem of frustrated contracts' (2021) 1(32) King's Law Journal 60-70
Abstract: Covid-19 has created an unexpected global pandemic which has brought unprecedented and wide ranging restrictions from governments around the world. One result of these events has been profound disruptions to individual contracts. This article considers the nature and history of the doctrine of frustration in English law. The lack of certainty in ascertaining whether or not an event is a frustrating one is examined. A consideration of the particular problems innumerable parties will face in attempting to decide whether or not their contract has been discharged by frustration as a result of Covid-19 and the regulations designed to curtail the virus are made. The article concludes with an overview of the Law Reform (Frustrated Contracts) Act 1943.

MacQueen, Hector L, María Kubica and Albert Ruda, ‘“Coronavirus Contract Law” in Scotland’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: This chapter describes the Scottish legislative response to the coronavirus pandemic, noting that the chief impact on contracts is most likely to arise from issues of the supervening illegality of particular kinds of activity normally carried out under contracts. Scottish law largely follows English law in its doctrine of frustration and its approach to force majeure clauses. The paper accordingly suggests that the temporary interruptions to performance which the coronavirus legislation brings about may not be sufficient to discharge affected contracts. The Scottish courts law may need rather to develop their very limited powers of equitable adjustment in response to changed but not necessarily frustrating circumstances. Some ways in which this might be done are suggested.

MacQueen, Hector L., ''Third Ole Lando Memorial Lecture: European Contract Law in the Post-Brexit and (Post?)-Pandemic United Kingdom'' (2022) 1(30) European Review of Private Law 3-28
Abstract: The subject-matter of this lecture is the fate of ideas about or from European contract law in a United Kingdom (UK) which ceased to be a Member State of the European Union (EU) on 31 January 2020 and then shortly afterwards shared the common European and indeed global experience of the coronavirus pandemic. Its main thrust is that, while in the UK Brexit has been a major setback to the idea of European contract law – indeed, European private law – the continuing pandemic provides an opportunity for Scots and English law to re-engage with the subject to find answers – or better answers – to the problems which they now face. The main substantive topics addressed are frustration of contract, equitable adjustment upon change of circumstances, and the requirements of good faith.

Mant, Jessica, Daniel Newman and Danielle O’Shea, ‘Advising in a Pandemic: The New Era of “Blended Advice” in Social Welfare Law’ [2024] (January) Public Law 86–106
Abstract: This article provides original empirical insight into how publicly funded social welfare advice has been transformed by the unique circumstances of the COVID-19 pandemic. It draws upon original data generated through focus groups and interviews with frontline legal advisors and clients who sought advice relating to social welfare law during the pandemic. It argues that the pandemic has ushered in a new era of ‘blended advice’, in which the advice sector has forged new frontiers by blending face-to-face and remote methods of communication to provide bespoke advice services to different client groups that seek their support in relation to social welfare and appeals to government decisions regarding benefits and housing entitlements. The article situates the new era of blended advice within the context of the gradual shift towards digitised justice processes that was already taking place before the pandemic, which rapidly accelerated following the first lockdown in England and Wales in March 2020. Moving forward into a post-pandemic world, the article advocates the importance of assessing and developing blended advice models that are, first, grounded in frontline expertise of this advice sector and, secondly, remain mindful of the hazards of simplistic assumptions about digitisation as a cure-all solution for access to justice, especially given the necessary role of this sector in holding the government accountable for administrative decisions relating to social welfare.

Marsh, Luke, ''The wrong vaccine: custody time limits and loss of liberty during Covid-19'' (2021) 4(41) Legal Studies 693-709
Abstract: In a context where the criminal courts have been drastically affected by coronavirus, this paper seeks to demonstrate that the presumption of innocence risks becoming a further casualty of Covid-19. It will argue that prolonged pre-trial detention of unconvicted defendants has been sanctioned by the senior judiciary under the Custody Time Limit (CTL) Regulations. Following a series of important CTL decisions, a universal position of the senior judiciary, one supportive of government, is emerging: despite the case backlog resulting in defendants facing trial delays of unknown length, the exceptional circumstances of the pandemic which the executive faces, amounts to 'good cause' to extend CTLs. It will be argued that the correct approach for courts to follow is that that they must hear evidence that justifies why no court rooms are available before using that to mandate extensions. It will be further contended that these far-reaching decisions came from the senior judiciary's perceived need to mop up the problem posed by widespread refusals to extend CTLs, raising questions as to their ability to act independently of political pressure.

Marsons, Lee and Sarah Nason, 'Equality and the Coronavirus Job Retention Scheme' (2020) October() Public Law 776-778
Abstract: Notes R. (on the application of Adiatu) v HM Treasury (DC) on whether the exclusion from eligibility for the Coronavirus Job Retention Scheme and statutory sick pay of those without employment contracts but who fell to be treated as workers within the Employment Rights Act 1996 s.230(3)(b) was unlawfully discriminatory in breach of ECHR art.14 and Protocol 1 art.1 or the public sector equality duty under the Equality Act 2010 s.149.

Marsons, Lee and Sarah Nason, 'Freedom of Expression' (2020) October() Public Law 772-773
Abstract: Notes the OFCOM sanction imposed on Loveworld Limited for a news programme and sermon containing potentially harmful claims relating to the coronavirus pandemic, including unsubstantiated claims linking it to 5G technology, which risked undermining viewers’ trust in official health advice. Details the £100,000 fine imposed by OFCOM on Lord Production Inc Ltd for failure to comply with broadcasting rules in a programme on homosexuality and Islam.

Marsons, Lee and Sarah Nason, 'Human Rights' (2020) October() Public Law 773-778
Abstract: Reviews human rights developments, including the rules permitting the 1 June 2020 reopening of schools, colleges and nurseries in specific circumstances, the May 2020 launch of the NHS Track and Trace Scheme, the impact of a rise in community transmission of COVID-19 on lockdown restrictions, and an inquiry by the Equality and Human Rights Commission into how the coronavirus pandemic has affected ethnic minorities. Notes case law relating to litigants in person, eligibility for the Coronavirus Job Retention Scheme and tenancies for housing benefit claimants.

Marsons, Lee and Sarah Nason, 'Prisoners and mental health detainees' (2020) October() Public Law 785
Abstract: Summarises key features of the Parole Board’s annual report for 2019-20, including statistics on the number of prisoners released, the number it deemed necessary to retain in custody for public protection, and the number of Board members from ethnic minorities. Details the Board's guidance on the conduct of online hearings during the coronavirus pandemic, and the treatment of vulnerable prisoners.

Marti, Neus Vidal, ‘The Force of Law? Transparency of Scientific Advice in Times of Covid-19’ (2022) 4(3) Jus Cogens 237–262
Abstract: Freedom of Information Acts (FOIA) are valuable legal tools to access information held by public authorities but during the first wave of the Covid-19 pandemic time frames to reply to requests were de jure or de facto suspended in many countries. However, the lack of effective legal tools to achieve transparency was not automatically paired with governmental secrecy. This research paper analyses which are the factors that prompted some governments to move from secrecy to transparency while the essential legal tool to achieve disclosure of information was not available. It focuses on the role of ‘ecologies of transparency’, a concept developed by Seth Kreimer to describe how FOIA needs to be understood as functioning within a collection of factors and actors. Yet, can transparency ecologies still force disclosure of information when FOIA is suspended? Research focuses on a comparative case study about transparency of scientific committees advising governments on Covid-19 in the UK and in Spain. In both countries, members and minutes were initially secret, but the British government published information before being forced by FOIA, while the Spanish executive only released partial information when FOIA was reactivated. The paper argues that information disclosure processes can be understood as supply and demand models. On the demand side, it highlights the role of adversarial press, scientific community, whistle-blowers, the opposition and critics within the governing party as decisive factors within the transparency ecology. On the supply side, it focuses on legitimation needs from the government to explain different outcomes.

Massey, Peter and James Hallas, 'COVID-19 and the challenges for implementing changes to the building safety regime' (2020) July/August Supplement() Housing Law Monitor vii-ix
Abstract: Reports on Government pledges to ensure building safety measures are a continued focus, despite the coronavirus pandemic, which include: the introduction of a new national building Safety Regulator; reforms to the duty holder regime; improving resident engagement; increased regulation of construction products; and promoting competence in the construction industry.

Masson, Amanda, 'Reflections on child law in the pandemic' (2020) (166) Family Law Bulletin 1-3
Abstract: Summarises aspects of Scottish and UK child law which have been affected by the COVID-19 pandemic, including child contact arrangements and child welfare hearings.

McBride, Nicholas, ''Ill Fares the Land: Has COVID-19 Killed the Principle of Legality?'' (SSRN Scholarly Paper No ID 4023242, 01 January 2022)
Abstract: This paper is part of a larger project, arguing that the COVID-19 pandemic has exposed public law as being unprincipled and ineffectual in virtually all common law jurisdictions. This paper focuses on the treatment of the 'principle of legality' in judicial review proceedings in England, Australia and New Zealand, seeking to challenge the lawfulness of various governmental actions to tackle the pandemic. While up until 2020, the principle of legality was employed to declare unlawful governmental actions in a number of very important cases - most notably, the UK Supreme Court's decision in Miller 2 - in cases involving challenges to the lawfulness of government attempts to deal with COVID-19, the principle of legality has been consistently sidelined and ignored, using various techniques described in this paper.

McGaughey, Ewan, ''A Social Recovery, Workplace Democracy and Security: COVID-19 and Labour Law'' (2021) 1(32) King's Law Journal 122-136
Abstract: The COVID-19 pandemic has shown the painful consequences of poor job security and workplace democracy. The UK government’s initial flirt with ‘herd immunity’, the delay in lockdown, and the absence of a work strategy that prioritised safety after the summer, caused among the most appalling death rates in the world, worse than Trump’s America. However, a swift change in the job security policy stemmed mass unemployment, after initial reports of 2.1 million people claiming unemployment benefits. The ‘Coronavirus Job Retention Scheme’ eventually meant that the unemployment statistics (as opposed to claimant count) showed only a modest jobless rise. Comparison with the US where there are effectively no rights, and other countries with strong rights, shows that universal social security and workplace democracy are at the core of successful economic performance. This paper explains the UK’s health and safety rights, how the job retention scheme was unfurled with extension to employed and self-employed, and the connection between votes at work and employment. It shows how reality discredits the minority views of economic theorists who oppose labour rights, and suggests the legal reforms we can undertake to achieve a social recovery.

McGrath, Sinead, 'Pandemic protocol must maintain public trust' (2020) 31(117) Law Society's Gazette 18
Abstract: Reports on the exemption to COVID-19 quarantine restrictions which means barristers, solicitors and court users can break quarantine to attend tribunals or hearings and raises concerns that this practice will put other court users at risk.

McQuigg, Ronagh, ‘Domestic Abuse: The “Shadow Pandemic”’ (2022) 73(2) Northern Ireland Legal Quarterly 341–364
Abstract: Since the onset of the COVID-19 pandemic, incidents of domestic abuse have increased substantially around the world. The lockdown measures which were adopted by many jurisdictions, although necessary to limit the spread of the virus, nevertheless resulted in those living in abusive relationships finding themselves to be even more isolated. Indeed, UN Women has termed violence against women during the COVID-19 pandemic as the ‘shadow pandemic’. This article discusses the increased levels of domestic abuse globally, proceeds to examine the rise in instances of domestic abuse on the island of Ireland, and then analyses the measures adopted in both Northern Ireland and the Republic of Ireland in response. It is argued that, although meritorious steps were taken in both jurisdictions, essentially the pandemic has exacerbated pre-existing difficulties with the responses of both Northern Ireland and the Republic of Ireland to this issue.

Mead, David, 'Policing Protest in a Pandemic' (2021) 1(32) King's Law Journal 96-108

Meers, Jed, 'Additional Funding for Law Centres' (2020) 2(27) Journal of Social Security Law 46
Abstract: Highlights the Government's grant of an additional £5.4 million of additional funding to law centres during the coronavirus pandemic, and notes how the grant will be administered.

Meers, Jed, 'Social Security Response to the Covid-19 Crisis' (2020) 2(27) Journal of Social Security Law 42-44
Abstract: Reviews key reforms made to the social security benefits regime in response to the coronavirus pandemic by the Coronavirus Act 2020 and secondary legislation. Summarises the main amendments concerning universal credit, carer's allowance, tax credits, housing benefit, statutory sick pay and the social fund.

Meggitt, Gary, ‘Business Not as Usual: The Financial Conduct Authority v Arch Insurance (UK) Ltd’ [2022] (4) Journal of Business Law 257-281
Abstract: The UK Supreme Court’s decision in The Financial Conduct Authority (FCA) v Arch and Others is of considerable significance. It is arguably the leading authority, not just in the UK but elsewhere in the common law world, on the response of business interruption insurance (BII) policies to claims arising from the COVID-19 pandemic. This article explains the nature of BII policies and the law in England & Wales prior to the decision in FCA v Arch. It then examines the Supreme Court’s decision in detail before reflecting on its wider implications for policyholders, insurers and others.

Miglionico, Andrea, ‘The Great Lockdown: The UK Regulatory Responses to the Pandemic Crisis’ (2020) 9(1) Law and Economics Yearly Review 94–111
Abstract: The unprecedented spread of pandemic crisis has changed the paradigm of banking and financial regulation worldwide. Specifically, the Covid-19 has imposed emergency regulatory measures to contain the risk of default for businesses and households. Liquidity support and loans guarantees have been adopted by public authorities to mitigate the deterioration of debt market and commercial paper. However the policy makers and regulators have concentrated their attention on temporary and short-term ad hoc interventions that leave discretion in decision-making process. This article examines the UK regulatory responses to the pandemic outbreak addressing the challenges of ‘monetary financing’ and the impact of exceptional lending schemes for consumers borrowers. It also discusses the regulatory toolkit adopted by the Financial Conduct Authority and Prudential Regulation Authority for keeping credit lines flowing and funding the marketplace (e.g. mortgages and payment holidays). The Bank of England has launched operations intended to release the banking sector of pressures in the time of coronavirus and reduce the economic contraction although this regulatory package seems a frenetic reaction to the unexpected risk of systemic collapses.

Miles, Roger and Chris Stears, 'Getting the measure of "Good Business Culture"' (2020) 10(41) Company Lawyer 320-323
Abstract: Discusses how the coronavirus pandemic has assisted regulatory efforts to require financial businesses to rate and report on their moral health. Notes the sense of community purpose demonstrated by some firms, their initiatives to foster psychological safety and promote true diversity, and efforts to establish revised reporting benchmarks for culture and conduct.

Miller, Nigel and Ben Nolan, 'The NHSX App: What are the Privacy Concerns?' (2020) June() Computers and Law 34-38
Abstract: Reviews how the contact tracing application software that is being developed by NHSX works and explores the steps that should be taken to address the privacy and data protection concerns that have been raised concerning its use. Questions whether there needs to be a specific NHSX regulator or legislation to ensure its necessary safeguards.

Milo, Caterina, ‘COVID-19 Vaccination and the Role of Informed Consent: England as a Case Study’ (2023) 30(4) European Journal of Health Law 428–448
Abstract: Informed consent (IC), following the Supreme Court judgment in Montgomery v Lanarkshire Health Board, [2015] UKSC 11, constitutes a key patients’ right. There is a vast literature exploring the significance of this right, while an analysis of the role that this has played in England during the COVID-19 vaccine distribution has been under-explored. Using England as a case study, this paper argues that IC has received limited protection in the COVID-19 vaccination context of the adult population, upholding at its best only a minimalistic approach where mere ‘consent’ has been safeguarded. It suggests that new approaches should be brainstormed so as to more properly safeguard IC in a Montgomery-compliant-approach, namely in a way that enhances patients’ autonomy and medical partnership, and also to better prepare and respond to future pandemics.

Minenna, Marcello, ''A Look at EU-UK Trade Relations in Light of Brexit, Pandemic and the Trade and Cooperation Agreement'' (SSRN Scholarly Paper No ID 3823333, 09 January 2021)
Abstract: A few months after the UK definitive departure from the EU, this work offers a comprehensive analysis of the trade relations between the two Parties and of their future perspectives in light of the scenario disclosed by the COVID-19 pandemic and by the Trade and Cooperation Agreement (TCA). The analysis highlights the deep commercial links between the two areas, characterized by the juxtaposition between the EU’s large surplus in goods trade and the UK’s dominance in the exchange of services. The outcome of the 2016 referendum had a modest impact on trade between the two blocs, although on both sides of the Channel a process of adaptation to the new setting is ongoing since several years also through the research for new trading partners. The TCA represents a good result compared to the dreaded alternative of a no deal, but a reduction in business at the EU-UK border seems still inevitable. On the one hand, goods producers and traders now have to comply with product-specific rules of origin to be exempted from duties: additional costs and efforts will be therefore needed to deal with customs red tape and to re-arrange production systems and supply chains. On the other hand, the vagueness of the TCA provisions on trade in services leaves crucial issues unsettled, as in the case of equivalence determinations. The overall picture looks more favorable to the EU than the UK, but the medium-to-long term effects on both Parties will mostly depend on their willingness and ability to restore a climate of mutual confidence and cooperation.

Minnes, Odelia and Dov Solomon, ''Game of Thrones: Corporate Law and Bankruptcy Law in the Arena of Directors’ Liability'' (2021) 1(27) Columbia Journal of European Law 1-33
Abstract: A company in financial distress is bound to experience turbulence. In particular, the zone of insolvency is a crucial time in a company’s life in which conflicts of interest between shareholders, managers, and creditors are sharply enhanced. Directors’ liability during this period is a recurring topic of interest. The current COVID-19 pandemic and the global economic crisis generated by it bring this topic to the forefront once more. This Article points to two distinct approaches to this issue. The first is represented by the U.S. legal system, in which directors’ liabilities do not change in the zone of insolvency but, rather, conform to the same standards set by corporate law. We call this the “corporate law approach.” The second method is represented by the U.K. legal system, which sets different standards for directors’ actions in the zone of insolvency, requiring them to minimize creditors’ losses. We refer to this as the “bankruptcy law approach.” This Article shows that there are significant shortcomings to the latter approach. As a result, this Article concludes that the corporate law approach is comparatively more efficient. This Article further demonstrates the superiority of the corporate law approach by analyzing the shared theoretical, normative, and practical linkages between corporate and bankruptcy law. Finally, this Article discusses two possible policy implications of our discussion, one broader and one specifically tailored to minimize the negative consequences from the COVID-19 crisis.

Minson, Shona and Catherine Flynn, ''Symbiotic Harms of Imprisonment and the Effect on Children's Right to Family Life: Comparing the Impact of covid-19 Prison Visiting Restrictions in the UK and Australia.'' (2021) 2(29) International Journal of Children's Rights 305-325
Abstract: Measures taken by governments to address COVID-19 in prisons, have impacted significantly on the lives and rights of children. There has been consequential interference with children's rights to family life and to contact with a parent from whom they have been separated. Since the onset of the pandemic, prisoners in many jurisdictions have lived under restricted regimes with almost universal bans on family visits. Children have not had face-to-face contact with their imprisoned parents, and alternate forms of contact have not always been available to them. Using survey and interview data collected during lockdowns in the UK and Australia, we consider the implications of the interference with the rights of children with an imprisoned parent. Focusing on their relationships, health and wellbeing and using the concept of symbiotic harms, we note how children's experiences of the cessation of contact interacted with parents' and caregivers' experiences, amplifying the harms to children.

Mitsilegas, Valsamis and Santiago Wortman Jofre, ‘Democracy, Trust, and the Rule of Law in Times of Pandemic: The UK Response to COVID-19’ in Braum, Stefan (ed), Experimental Law: The Rule of Law and the Regulation of the Corona Pandemic in Europe (Nomos, 2023) 187–254

Moosavian, Rebecca, Clive Walker and Andrew Blick, ''Coronavirus legislative responses in the UK: regression to panic and disdain of constitutionalism'' (2021) S1: Supplementary Issue on COVID-19(72) Northern Ireland Legal Quarterly 1-36
Abstract: The United Kingdom has considerable prowess in handling emergencies, not just in counterterrorism but also in a wide range of other real or imagined disasters, including public health risks. Core legislation has been installed, including the all-encompassing Civil Contingencies Act (CCA) 2004 and the more specialist Public Health (Control of Disease) Act (PHA) 1984. Despite these finely honed models, the UK state regressed to panic mode when faced with the COVID-19 pandemic. Rather than turning to the laws already in place, Parliament fast-tracked the Coronavirus Act 2020, with scant debate of its shabbily drafted contents. In addition, the UK Government has relied heavily, with minimal scrutiny, on regulations under the PHA 1984. The article analyses the competing legal codes and how they have been deployed to deal with COVID-19. It then draws out the strengths and weaknesses of the choices in terms of the key themes of: the choice of sectoral versus general emergency legislation; levels of oversight and accountability; effectiveness; and the protection of individual rights. Following this survey, it will be suggested that the selection of legal instruments and the design of their contents has been ill-judged. In short, the emergency code which is the most suitably engineered for the purpose, the CCA 2004, has been the least used for reasons which should not be tolerated.

Morphet, Janice, 'The Impact of COVID-19 on Devolution: Re-centralising the British State Beyond Brexit?' (Bristol University Press, 2020)
Abstract: The COVID-19 pandemic is the first time that many of the UK population, including its national politicians, have become aware of the practical dimensions of devolution to its four nations through the delivery of support to those affected by the virus. Part of the COVID Collection, this topical book explores how the public perception of the decentralized governments has changed during the pandemic and uses case studies to discuss the actions taken by central government to undermine the devolution settlement. Assessing the role of local government in supporting communities despite cuts from central government, it makes a vital contribution to the debate on the future options for the UK within the context of Brexit and what follows.

Morshead, Tim, ''The law and COVID-19: The Prime Minister's muddle about the government's own rules (as of 27 March 2020) and a call for clarity'' (2020) 2(25) Judicial Review 174-177
Abstract: The prime minister’s message to the nation on 23 March 2020 was made in anticipation of regulations actually made on 26 March 2020. But he did not accurately describe the restrictions imposed by those regulations. He has created the impression that people may only leave their homes for work that is itself in some undefined sense “absolutely necessary” or “essential”. That is not what the regulations require. So far as the regulations are concerned, anyone may leave home for work, if the work itself means they cannot reasonably do it from home. The regulations do not require anyone to make value judgments about the relative importance of their work in the fight against COVID-19 or the like. Unless or until they are changed, the current regulations do not do what the prime minister said they would do.

Morris, Katie, ‘Faces of Hunger: An Intersectional Approach to Children’s Right to Food in the United Kingdom’ (2022) 49(4) Journal of Law and Society 726–752
Abstract: This article explores the extent to which the right to food is currently enjoyed by children within the United Kingdom (UK) using image analysis of the food parcels received by children eligible for free school meals during the COVID-19 pandemic. It argues that child food poverty serves as an illustration of the failings of neoliberalism in the UK context, which had already been observed prior to the pandemic in relation to the current Universal Credit system. The article adopts an intersectional approach, connecting the increased risk of food insecurity experienced by Black, Asian, and minority ethnic (BAME) children from low-income backgrounds to the broader notions of racial capitalism and food oppression. It concludes by offering proposals to target inequalities and improve the realization of the right to food for all children in the UK, which could be adopted by other states to enhance the protection of children’s right to food around the globe.

Moseley, Joanne, 'Key Steps to Ensure a Safe Return to Work for Shielding Employees' (2020) July(212) _Employment Law Journal_
Abstract: Considers the steps employers can take to encourage “shielding” employees to return to work safely, and minimise the risk of litigation. Discusses the importance of offering continuing home working, performing individual risk assessments, reducing travelling risks, changing employees’ roles, listening to their concerns and granting furlough to shielding employees.

Mumford, Ann, 'Edward Colston and the coronavirus: a reflection on narratives of taxation in taxing times' (2021) 1(32) King's Law Journal 157-167

Nash, Michael, 'Emergencies & extraordinary measures' (2020) 7879(170) New Law Journal 7
Abstract: Considers the duration of emergency measures under the Civil Contingencies Act 2004 in response to the coronavirus outbreak. Highlights concerns that emergency measures, once introduced, may be retained, citing the example of the retention of citizens' identity cards for several years after the end of the Second World War.

Nath, Vandana and Graeme Lockwood, 'Implications of the UK Equality Law for tele-homeworking: COVID-19 and beyond' (2021) () International Journal of Law and Management (advance article, published online 6 October 2021)
Purpose The purpose of this study is to examine the practical and legal complexities associated with tele-homeworking in the context of the UK Equality Law. First, the paper provides a background to the recent growth of tele-homeworking as a result of the COVID-19 pandemic, outlining the tenets of the UK Equality Act 2010 and referring to additional legislation pertinent to the ensuing discussion. Second, illustrative case law relevant to the UK Equality Law is put forward to demonstrate the potential challenges that employers and employees might encounter with continued and longer-term tele-homeworking arrangements. Third, the paper outlines implications for employers and human resource managers in terms of policies and practices that might shape the nature of the employment relationship. Design/methodology/approach This study is based on a review of the literature and an examination of UK case law applicable to tele-homeworking, taking into consideration equality, diversity and inclusion concerns in the workplace. Findings Remote working can be beneficial to both employers and employees. However, there are a number of significant concerns surrounding the management of tele-homeworkers in the aftermath of the pandemic that can act as a stimulus for legal disputes around discrimination, infringement of human rights and breach of contract claims. Several policy implications surface from the analysis that relate to equality and fair treatment associated with both current and future work arrangements. Originality/value The paper is significant in offering legal insights into how the UK Equality Law relates to the complexities associated with the management of tele-homeworkers. The study also highlights how return-to-office undertakings might need to consider wider legal issues. COVID-19 and its repercussions have demanded the reorganisation of work, which can give rise to a greater possibility of legal challenges and the study highlights the importance of employers undertaking an evaluation of their equality practices and complying with the legal framework.

Ng, Gar Yein, ‘Adaptation of Courts to Disruption’ (2023) 5(1) Law, Technology and Humans 111–120
Abstract: This article reflects on how courts in the USA and England have remained active and resilient in providing access to justice, or due process, during times of emergency and disruptive events. The focus here is not to define emergencies per se but to analyse the impact of emergencies and disruptive events that interrupt the functioning of courts and access to justice. The article provides a brief examination of some emergencies and disruptions and the expected responses to those interruptions. The question for this paper is: how do courts adapt (or are adapted) in times of emergencies that disrupt their ordinary operation, both in terms of continuity of operations and in terms of protection of rights through judicial review? This paper will primarily examine two common law examples (from England and the USA) of how the courts adapted to such disruptions.

Nicolson, Donald and Elizabeth Fisher-Frank, 'Legal Advice in the Covid-19 Lockdown: Making Do or Brave New World?' in Ferstman, Carla; FAgan, Andrew (eds), 'Legal Advice in the Covid-19 Lockdown: Making Do or Brave New World?'' (School of Law and Human Rights Centre, University of Essex, 2020)
Abstract: Extract from Introduction: For some time now, university law clinics have played an important role in filling the gap between those who qualify for legal aid and those who can afford to pay for legal services. This is a need which continues to grow as legal aid is inexorably cut back in terms of both those who qualify and those issues it covers. More recently there have been calls for lawyers and more latterly law clinics and other not for profit organisations to use the rapidly evolving capacity of the internet and digital computing facilities to expand the ability of service providers to both assist their clients and to develop ways, through technology, to help clients help themselves. … as we show in this paper, law clinics which had slowly begun to embrace new digital technologies, have been forced by Covid-19 to bring this means of delivering services to the fore. However, it is important to examine whether such forms of services are merely a necessary response to the Covid-19 crisis or whether they herald a ‘brave new world’ for law clinics.

Nicolson, Donald and Jago Russell, 'Covid-19 and Criminal Justice: Temporary Fixes or Long Term Reform?' in Ferstman, Carla; Fagan, Andrew (eds), 'Covid-19 and Criminal Justice: Temporary Fixes or Long Term Reform?'' (School of Law and Human Rights Centre, University of Essex, 2020)
Extract from Introduction: Countries across the globe have been struggling with the question of how to keep the wheels of justice turning during the Covid-19 pandemic. Accordingly, both the UK and Scottish governments have taken a number of measures to ensure the justice system does not grind to a halt despite rules requiring social isolation and social distancing. Most notably, they have moved court hearings (and even trials) online and the Scottish government has extended the exceptions to the hearsay rule to cover witnesses who cannot be in court because of Covid-19.

Nigam, Mudit and Shreya Chandhok, 'COVID-19 crisis and CCI's response: Lessons to be learned from Australian and British Regulators' (2020) 8(41) European Competition Law Review 419-421
Abstract: Reviews the approach of the Competition Commission of India (CCI) towards co-operation and concerted actions between competitors in response to the coronavirus pandemic. Considers whether the CCI has tended to penalise or exempt such conduct, compares the approaches adopted by the Australian Competition and Consumer Commission and the UK Competition and Markets Authority, and suggests lessons they could offer India.

Nikolovska, Manja and Shane D Johnson, ‘Covid-19 and Future Threats: A Law Enforcement Delphi Study’ (Dawes Centre for Future Crime at UCL, November 2022)
Abstract: On 30 January 2020 the World Health Organisation declared the outbreak of Covid-19 a ‘Public Health Emergency of International concern’ which posed an unprecedented threat. Chief police officers recognised that quick decisions needed to be taken, working with partners to ensure public safety and to help contain the spread of the virus. The National Police Chiefs’ Council (NPCC) assumed the lead for the national policing response, using an enhanced cross portfolio command structure named Operation Talla. The work described in this report was commissioned by the NPCC and conducted by the Dawes Centre for Future Crime at UCL, in consultation with Op Talla, to understand the effects of the pandemic on the policing response and future impacts.

Nott, Emma, ‘Addressing Domestic Abuse before, during and after the COVID-19 Pandemic: A Perspective from within the Criminal Justice System of England and Wales’ [2022] (7) Criminal Law Review 525–544
Abstract: The article aims to examine the issue of domestic abuse as a shadow pandemic in the UK through exploration of the legislative framework and through description of events as they unfolded during the pandemic, with a particular focus on the criminal justice system.

Nousia, K., 'The Covid-19 Pandemic: Contract and Insurance Law Implications' (2020) 7(35) Journal of International Banking Law and Regulation 274-283
Abstract: The spread of COVID-19 has had a global impact, with the human toll being significant, and with the economic cost being unquantifiable. With regards to business and contractual relationships, legal liabilities owed to disruption, cancellations, or to the imposed halt of everyday life are perhaps the most notable. This article starts by examining frustration in English, US and continental contract law in relation to cases where the circumstances have changed due to unnatural events such as the ongoing COVID-19 pandemic. It then moves on to discuss the impact of Covid-19 on insurance, in particular business interruption, travel and general liability insurance. The likelihood of success of future claims, the scope of coverage, together with the meaning and interpretation of the term “force majeure” and how this will relate to exclusions from insurance coverage is discussed. Valuations methods are also considered and evaluated with a view to protect the policyholder as his business interruption policy is a contract of adhesion not having left him any room to negotiate. In addition, possible interpretations to be followed by courts in future claims and liability for catastrophic risks and methods of compensation are examined and conclusions on the role of insurance in the COVID19 pandemic are drawn.

Novikov, Maksim A., 'Opportunities of Use of Option Agreements in the Post-COVID Economy: Comparative Legal Study from Russian Law and English and American Law Prospective' in Osipov, Vladimir S. (eds), Opportunities of Use of Option Agreements in the Post-COVID Economy: Comparative Legal Study from Russian Law and English and American Law Prospective' (Springer International Publishing, 2021)
Abstract: This chapter, “Opportunities Of Use Of Option Agreements in the Post-COVID Economy: Comparative Legal Study From Russian Law And English And American Law Prospective” is devoted to different opportunities of use of option agreements in post-COVID economy and to the principal issues which may arise in connection with structuring share deals in joint-stock companies and limited liability companies, including merger and acquisitions (M&A), joint ventures (JV) deals and strategic partnership agreements as well as other transactions in relation to real property when entering into option agreements. The author analyzes the relevant legislation, jurisprudence and doctrinal materials on the relevant issues. Answers are consistently provided to the questions which, on the author’s opinion, are the most relevant when using options in the above transactions in view of current post - COVID economy in Russia and common law countries (in particular, in the United States of America and the United Kingdom).

O'Connor, Niall, 'The Right to Work and Rights in Work during the Coronavirus Pandemic: The Response of the United Kingdom' in Ferstman, Carla; Fagan, Andrew (eds), 'The Right to Work and Rights in Work during the Coronavirus Pandemic: The Response of the United Kingdom'' (School of Law and Human Rights Centre, University of Essex, 2020)

Oliva, Javier Garcia and Helen Hall, 'Public Gatherings during the Covid-19 Crisis: Responses from Public and Private Law in England' in (eds), Public Gatherings during the Covid-19 Crisis: Responses from Public and Private Law in England' (Thomson Reuters, 2021)
Abstract: This chapter discusses the responses from public authorities in the United Kingdom to public gatherings during the Covid-19 crisis in England. The authors focus on both Public (particularly the restrictions on freedom of association) and Private Law issues, and approach these legal challenges from the perspective of the English Constitutional Culture.

Ó Néill, Clayton, ‘“This Is No Country for Old (Wo)Men”? An Examination of the Approach Taken to Care Home Residents During the Covid-19 Pandemic’ (2023) 31(1) Medical Law Review 25–46
Abstract: This article discusses the human rights of residents in care homes in England who were affected by restrictions that were imposed during the first months of the COVID-19 pandemic in order to safeguard health and life at a time of public health emergency. It focuses on the potentially adversarial relationship between the need to protect the health of these residents and the possible adverse interferences with their human rights in the initial phase of the pandemic. The scope and application of these rights to the healthcare context is not straightforward due to the exigencies of the pandemic. Consideration is given to whether their rights, as protected by the European Convention on Human Rights (ECHR) and the United Nations Convention on the Rights of Persons with Disabilities (CRPD) are vindicated or breached by the actions taken in the context of the COVID-19 pandemic. The article questions whether the restrictions that were applied were justified, given the limitations that exist within some ECHR Articles. It deliberates upon what can be done to ensure that relevant bodies and care homes, themselves, are better enabled to respond to a public health emergency in an individualistic, rights-based manner, based upon both principlism and pragmatism.

O’Neill, J, ‘A Lesson from MMR: Is Choice of Vaccine the Missing Link in Promoting Vaccine Confidence through Informed Consent?’ (2023) 33(4) Ethics & Behavior 272–285
Abstract: A recent study suggests that vaccine hesitancy amongst key demographics – including females, younger individuals, and certain ethnic groups – could undermine the pursuit of herd immunity against COVID-19 in the United Kingdom. At the same time, the UK Joint Committee on Vaccination and Immunization (JVCI) indicated that it will not facilitate the choice between available COVID-19 vaccines. This paper reflects upon lessons from the introduction of the UK’s combined Measles, Mumps and Rubella (MMR) vaccine strategy of the 1980s when Member of Parliament Miss Julie Kirkbride argued that had parents been allowed to choose between vaccine variants, then the crisis of low herd immunity – and subsequent outbreaks – could have been avoided. This paper explores this argument, as applied to the COVID-19 vaccination strategy, by considering how three key elements of informed consent – disclosure of risk, benefit, and reasonable alternatives – may be employed to tackle vaccine hesitancy and build vaccine confidence.

Oreffice, Sonia and Climent Quintana-Domeque, ''Gender Inequality in Covid-19 Times: Evidence from UK Prolific Participants'' (IZA Discussion Paper No 13463, 14 January 2020)
Abstract: We investigate gender differences across socioeconomic and wellbeing dimensions after three months of lockdown in the UK, using an online sample of approximately 1,500 respondents in Prolific, representative of the UK population with regards to age, sex and ethnicity. We find that women's mental health is worse than men's along the four metrics we collected data on, that women are more concerned about getting and spreading the virus, and that women perceive the virus as more prevalent and lethal than men do. Women are also more likely to expect a new lockdown or virus outbreak by the end of 2020, and are more pessimistic about the current and future state of the UK economy, as measured by their forecasted present and future unemployment rates. Consistent with their more pessimistic views about the economy, women choose to donate more to food banks. Women are more likely to have lost their job because of the pandemic, and working women are more likely to hold more coronavirus-risky jobs than men. We also find that between February and June 2020 women have decreased their work hours, but increased housework and childcare much more than men. These gender inequalities are not driven by differences in age, ethnicity, education, family structure, income in 2019, current employment status, place of residence or living in rural/urban areas.

Organ, James et al, ''Responding toCOVID-19 in the Liverpool City Region: Access to Legal Advice for All: Essential to Reduce Social and Economic Impacts of COVID-19'' (Heseltine Institute Policy Briefing No 028, 10 January 2020)
Abstract: Key takeaways 1. The need for legal advice will increase sharply as the social and economic impacts of the COVID-19 pandemic continue to grow, but the ability to access the necessary advice will be restricted in many cases just to those that can afford it. 2. Increased collaboration and innovative service delivery have helped to mitigate some of the worst immediate impacts felt by people unable to resolve issues, but demand for free legal advice continues to far outstrip supply. 3. Much-needed funding for new advice services needs to consider the exclusionary impact of the shift to digital services forced by COVID-19. “Digital by default” will lead to the exclusion of a large group of people without digital connectivity and also other vulnerable groups, such as those with English as a second language and those with mental health problems. 4. Liverpool needs resources to develop collaboration between advice agencies, law firms, the city council, and other organisations delivering complementary services to coordinate the delivery and the development of legal advice services free at the point of delivery, and to lead on seeking and distributing funding for these services. 5. In the long term, without increased funding for legal services free at the point of delivery, changes in the commissioning of that funding, and a renewed commitment to access to justice, the impacts on people of unresolved issues caused by the COVID-19 pandemic will be magnified.

Ormerod, David, 'Appreciating the Jury' (2020) 11() Criminal Law Review 983-986
Abstract: The author discusses various reports within the issue on topics, including the challenges of the continued use of jury trials amid the Covid-19 pandemic, assumptions on inappropriate stereotypical attitudes of jurors toward sexual offenses, and an examination of Scotland's unique jury system.

Ormerod, David, 'Coronavirus and emergency powers' (2020) (6) Criminal Law Review 473-477
Abstract: Reflects on emergency powers introduced by UK legislation in response to the coronavirus pandemic. Discusses issues including an initial lack of guidance on the restrictions, civil liberties and police powers involving dispersal of gatherings and reasonable excuses for leaving home, increased domestic violence and whether spitting or coughing at people is an offence. Notes changes to court procedures, such as the increased use of direct live links.

Orts, María Ángeles and Chelo Vargas-Sierra, ‘Warning, or Manipulating in Pandemic Times? A Critical and Contrastive Analysis of Official Discourse Through the English and Spanish News’ (2022) 35(3) International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 903–935
Abstract: Focusing on media discourse and adopting a Critical Discourse Analysis—linguistic and rhetorical—perspective, this paper explores the role of the media in influencing citizens’ behaviour towards the COVID-19 crisis. The paper evaluates the set of potentially persuasive lexical items and emotional implicatures used by two quality newspapers, i.e. The Guardian (UK edition) and El País (Spain edition), to report on the pandemic during the three waves—the periods between the onset and trough of virus contamination—that occurred until March 2021. A representative, ad-hoc, comparable corpus (COVIDWave_EN and COVIDWave_ES) was compiled in English and Spanish comprising the news on the pandemic that appeared in the aforementioned newspapers during the three established time periods. The corpora were uploaded to Sketch Engine, which was used to first detect and analyse different categories (nouns, verbs, and adjectives) of word frequency, and then assign negative or positive polarity. Lexical keyness was secondly analysed to categorize emotional implicatures of control, metaphors, signals of epistemic asymmetry and positive implicatures in order to discern how they become weapons of negative or positive persuasion. The ultimate end of the study was to critically analyse and contrast the lexicon and rhetoric used by these two newspapers during this time period so as to unveil the stance taken by governments and health institutions—voices of authority—to disseminate words of control and persuasion with the aim of exerting influence on the behaviour of citizens in UK and Spain.

Oswald, Marion and Jamie Grace, ''The COVID-19 Contact Tracing App In England and ‘Experimental Proportionality’'' (SSRN Scholarly Paper No ID 3632870, 18 January 2020)
Abstract: In this analysis, we review the history of the contact tracing app developed by England's National Health Service and the differences of opinion over so-called ‘centralised’ and ‘decentralised’ technical approaches. The focus on data protection concerns has drawn attention away from more expansive human rights considerations, and we argue that human rights law should guide our assessment of the legal implications of a decision to deploy a contact tracing app. Acknowledging the uncertain situation presented by the coronavirus pandemic, we revisit our ‘experimental proportionality’ model first described in 2018. We demonstrate that, combined with a robust and rolling oversight function, this model of proportionality review could assist in upholding a fair balance between the rights of the individual and the interests of the community in situations of uncertainty and crisis.

'Parliament' (2020) (July) Public Law 568-569
Abstract: Notes significant Parliamentary developments, including: the passage of the Terrorist Offenders (Restriction of Early Release) Act 2020; the announcement of the March 2020 Budget; key provisions of the Coronavirus Act 2020; the approval of a House of Commons motion to allow Parliamentary procedures to be conducted in a hybrid form due to the coronavirus pandemic; and the holding of the first virtual Prime Minister's Question Time.

'Parole Board' (2020) (July) Public Law 569-570
Abstract: Highlights the Parole Board's February 2020 publication of its Operational Protocol to make transparent to the public, prisoners and victims the procedures it will follow when taking decisions. Notes the May 2020 release of its Strategy and Business Plan for 2020-2022, its guidance on the holding of oral and remote hearings during the coronavirus pandemic, and its collation of decisions under the reconsideration mechanism introduced in June 2019.

Parpworth, Neil, 'Refusing to Provide a Name and Address and the Common Law Right to Remain Silent: Neale v Director of Public Prosecutions [2021] EWHC 658 (Admin)' (2021) 4(85) The Journal of Criminal Law 325-328
Abstract: On the facts, since the appellant was suspected of having breached the Coronavirus Regulations and was refusing to provide his name and address, his arrest was clearly lawful. The appellant was acquitted on a separate charge, that of being in a public place without a reasonable excuse contrary to regs 8(1) and 12(1)(b) and (4) of the Coronavirus Regulations, on the basis that since he was homeless he was entitled to rely on the exception provided for in reg 8(4). They did so on the basis that the police officer had been carrying out his duties during lockdown in enforcing the Coronavirus Regulations and that the appellant's behaviour had made it more difficult for the officer to engage with him regarding a potential breach of the Regulations.

Parpworth, Neil, 'The Coronavirus Act 2020' (2020) 7881(170) New Law Journal 7-9
Abstract: Outlines the emergency powers contained in the Coronavirus Act 2020 Sch.21. Considers the powers in relation to "potentially infectious persons", including screening, assessment, and detention, the duration of the transmission control period, the right of appeal, and the responsibilities of adults in relation to children.

Pasculli, Lorenzo, ''Coronavirus and Fraud in the UK: From the Responsibilisation of the Civil Society to the Deresponsibilisation of the State'' (2020) 2(25) Coventry Law Journal 3-23
Abstract: The sudden move of our lives online during the coronavirus pandemic has dramatically increased fraud risks. The personal and economic harms are enormous. The UK Government is responding with a two-fold approach. On the one hand, it relies on traditional law enforcement. On the other hand, it seeks to encourage individuals, businesses and public agencies to take responsibility in controlling and preventing crime by changing their practices through information campaigns and risk assessment and management., a strategy known as 'responsibilisation'. While literature in the last few decades has broadly analysed the social implications of responsibilisation on crime control in general, not many studies have focused on the specific area of financial crime. This study assesses the UK response to COVID-19-related fraud risks in light of the literature on responsibilisation through a comparative review of different policies and practices by various government agencies. Our analysis will reveal that the UK Government’s two-fold approach to fraud and financial crime is inherently inadequate to effectively prevent crime. Strained law enforcement agencies and regulators struggle to cope with the high numbers of reported frauds. As a result, both deterrence and retribution are undermined. On the other hand, the fixation on the surgical identification, dissection and rectification of a myriad of micro-situations that can entail a risk of crime causes the government to lose sight of the root causes of crime - biological, psychological, social, cultural, economic and political. After our critical discussion, we will put forwards some recommendations to improve not only COVID-19-related anti-fraud policies and practices but, more generally, the response to fraud and financial crime.

Paton, Calum, ''World-beating? Testing Britain's Covid response and tracing the explanation'' (2020) Health Economics, Policy and Law (advance article, published 19 August 2020)
Abstract: The UK, and England in particular, has suffered egregiously poor outcomes in managing the Covid-19 pandemic. This short perspective points to the explanation in terms of both current British politics and the public health policy inheritance. Boris Johnson's Premiership was born in an opportunistic assertion of British exceptionalism, and Johnson's initial, fate-tempting reaction to the novel Coronavirus set the UK on the wrong path. Furthermore, the gradual erosion of professionalism in (especially health) policy-making over almost four decades, and the hollowing-out of the health protection infrastructure, both facilitated and accentuated a toxic approach to managing Covid-19.

Perry, Christina and Nigel Spencer, ‘The Importance of “Acting Yourself into New Ways of Thinking”: Preliminary Findings on the Impact of Embedding Workplace Experiences in Law Degrees to Positively Impact Student Skills Growth, Degree Results and Employment Outcomes before and during a Global Pandemic’ (2024) 44(1) Legal Studies 99–121
Abstract: The paper reports the findings of over a decade of pioneering, award-winning fieldwork which has explored how workplace experience, if embedded successfully in different stages of legal education, can accelerate the ‘speed to capability’ and skills development of early career lawyers. The benefits from initial experiments of graduate-level work placements carried out by the authors since 2008 are presented. The paper then explores the findings from almost 10 years of creating year-long work placements for law undergraduates, assessing student skill growth, and the impact of the work placements on degree results and employment outcomes, before and during the Covid-19 pandemic.

Picton, Thomas and Zena Kukreja, 'Beyond COVID-19: Current developments in public and private UK securitisations' (2020) 8(35) Butterworths Journal of International Banking & Financial Law 564-567
Abstract: Discusses the securitisation of consumer debts, implications of the payment holidays which were offered in the coronavirus pandemic, and measures implemented by issuers to protect their interests.

Pinto, Amanda, 'Modern justice, questionable outfits' (2020) September() Counsel 5
Abstract: Reflects on the state of the justice system on the event of the Opening of the Legal Year. Discusses: judicial independence; the functioning of the justice system during the COVID-19 pandemic; and access to justice and free legal advice.

Prabhat, Devyani, ''Online learning and work during the pandemic: update on the legal sector'' (2022) () The Law Teacher (advance article, published online 22 February 2022)
Abstract: Drawing on recent literature and a series of conversations with law firm associates, members of barristers chambers, in-house counsel, and law school staff, on how the pandemic has changed their roles or affected their work conditions, this Policy and Education Developments comment piece provides an update on the state of the legal sector during the pandemic focusing on online learning and work during Covid. The primary impression is of both loss because of loosening of the traditional connections that bind the sectors as well as gain through the use of innovative approaches and thinking on core values and practices.

Probert, Rebecca and Stephanie Pywell, 'Love in the time of Covid-19: a case-study of the complex laws governing weddings' (2021) 4(41) Legal Studies 676-692
Abstract: During 2020, weddings were profoundly affected by the Covid-19 pandemic. During periods of lockdown few weddings could take place, and even afterwards restrictions on how they could be celebrated remained. To investigate the impact of such restrictions, we carried out a survey of those whose plans to marry in England and Wales had been affected by Covid-19. The 1,449 responses we received illustrated that the ease and speed with which couples had been able to marry, and sometimes whether they had been able to marry at all, had depended not merely on the national restrictions in place but on their chosen route into marriage. This highlights the complexity and antiquity of marriage law and reinforces the need for reform. The restrictions on weddings taking place also revealed the extent to which couples valued getting married as opposed to having a wedding. Understanding both the social and the legal dimension of weddings is important in informing recommendations as to how the law should be changed in the future, not merely to deal with similar crises but also to ensure that the general law is fit for purpose in the twenty-first century.

Probert, Rebecca et al, ‘The Impact of Covid-19 on Legal Weddings and Non-Legally Binding Ceremonies’ (The Nuffield Foundation; University of Warwick School of Law No July 2022, 2022) 35
Abstract: This report presents findings concerning the impact of Covid-19 on legal weddings and nonlegally binding ceremonies. It draws on a large-scale online survey of couples who had been planning to marry in 2020 and a project, funded by the Nuffield Foundation, exploring nonlegally binding wedding ceremonies.

Pryde, Naomi, 'A tale of two systems: COVID-19 and the courts' (2020) 5(65) Journal of the Law Society of Scotland 20-21
Abstract: Compares the approach taken by Scottish Courts and Tribunals Service to that of HM Courts and Tribunals Service in facing the challenges associated with the COVID-19 shutdown, including on: their initial responses; the use of virtual courts; adapting rules of service; electronic filing of documents; and principles in relation to adjournment and remote hearings.

Pugh, Jonathan, ''The United Kingdom’s Coronavirus Act, Deprivations of Liberty, and The Right to Liberty and Security of the Person'' () 1(7) Journal of Law and the Biosciences Article lsaa011
Abstract: In response to the SARS-CoV-2 coronavirus pandemic the UK government has passed the Coronavirus Act 2020 (CA). Among other things, this act extends existing statutory powers to impose restrictions of liberty for public health purposes. The extension of such powers naturally raises concerns about whether their use will be compatible with human rights law. In particular, it is unclear whether their use will fall within the public heath exception to the Article 5 right to liberty and security of the person in the European Convention of Human Rights. In this paper, I outline key features of the CA, and briefly consider how the European Court of Human Rights has interpreted the public health exception to Article 5 rights. This analysis suggests two grounds on which restrictions of liberty enforced some under the CA might be vulnerable to claims of Article 5 rights violations. First, the absence of specified time limits on certain restrictions of liberty means that they may fail the requirement of legal certainty championed by the European Court in its interpretation of the public health exception. Second, the Coronavirus Act’s extension of powers to individuals lacking public health expertise may undermine the extent to which the act will ensure that deprivations of liberty are necessary and proportionate.

Quirk, Hannah, 'Covid-19 and Jury-less trials?' (2020) (7) Criminal Law Review 569-571
Abstract: When proffering some of his more outr proposals for dealing with Covid-19, US President Donald Trump is wont to ask, "what have you got to lose?". If Sir Richard Henriques' proposal to suspend jury trials in England and Wales as a means of dealing with the crisis is followed, the answer may be "quite a lot". The Lord Chief Justice has said that "any move to judge-only trials would be very undesirable", but the immediate endorsement the idea received from influential supporters, and the significant logistical difficulties of arranging "socially-distanced" trials, suggests the possibility of a "second spike" in support of suspending jury trials.

Redhead, Caroline AB et al, ‘Relationships, Rights, and Responsibilities: (Re)Viewing the NHS Constitution for the Post-Pandemic “New Normal”’ (2023) 31(1) Medical Law Review 83–108
Abstract: Action needs to be taken to map out the fairest way to meet the needs of all NHS stakeholders in the post-pandemic ‘new normal’. In this article, we review the NHS Constitution, looking at it from a relational perspective and suggesting that it offers a useful starting point for such a project, but that new ways of thinking are required to accommodate the significant changes the pandemic has made to the fabric of the NHS. These new ways of thinking should encompass concepts of solidarity, care, and (reciprocal) responsibility, grounded in an acceptance of the importance of relationships in society. To this end, we explore and emphasise the importance of our interconnections as NHS stakeholders and ‘re-view’ the NHS Constitution from a relational perspective, concentrating on the rights and responsibilities it describes for patients and the public as NHS stakeholders. We argue that the NHS Constitution, of which most stakeholders are probably unaware, can be used as a tool to engage us, and to catalyse conversation about how our responsibilities as NHS stakeholders should change in the post-pandemic ‘new normal’.

Reeves, Aaron et al, ‘Social Security, Exponential Inequalities, and Covid-19: How Welfare Reform in the UK Left Larger Families Exposed to the Scarring Effects of the Pandemic’ in Shreya Atrey and Sandra Fredman (eds), Exponential Inequalities: Equality Law in Times of Crisis (Oxford University Press, 2023) 61–99
Abstract: Covid-19 has put social security systems under immense pressure. Governments saw demand for social security rise dramatically whilst attempting to support those whose employment had temporarily stopped once severe economic restrictions were put in place. Drawing on a range of evidence (including original interviews), this chapter focuses on the experience of larger families (households with three or more children) during the pandemic as a way of illuminating how these pandemic-induced policy responses often failed to reach those groups who have been subject to austerity measures over the previous decade. We explore this in three ways. First, we unpack how the government’s response to Covid-19 left larger families in a precarious position. Secondly, we situate the experience of larger families in the context of a wider set of reforms to social security—such as the benefit cap, the two-child limit, and the benefits freeze—which have already pushed even more larger families into poverty over the last decade. The final section of the chapter draws out how these policy decisions exacerbate inequalities between groups, while alluding to implications for protected characteristics as enshrined in the Equality Act 2010. This analysis not only illuminates how the pandemic has increased gender and ethnic inequalities but also suggests that the degree to which the pandemic was inequality-generating is rooted in policy decisions made before the pandemic even began. Avoiding exponential inequalities in response to future crises requires that policies—and the discourses which surround them—are sensitive to the potential for other kinds of societal shock.

'Remote hearings in employment tribunals' (2020) (1129) IDS Employment Law Brief 23-30
Abstract: Reviews the impact of the coronavirus pandemic on employment tribunals. Considers Practice Directions and Presidential guidance relevant to remote employment tribunal hearings and offers guidance on case management in remote hearings, electronic bundles, video technology, and equal access for litigants in person and other vulnerable participants.

Reyes, Eduardo, 'Power grab' (2020) 14(117) Law Society's Gazette 22-23
Abstract: Discusses some concerns about the Coronavirus Act 2020, with reference to the interpretation of police powers under the Act by some police forces and the potential for reduction of local authority's obligations to provide care and support to vulnerable adults. Considers whether the Act was really necessary and if the Civil Contingencies Act 2004 would have sufficed.

Richardson, Robin, ‘Racial Justice and Equalities Law: Progress, Pandemic and Potential’ in Vini Lander, Kavyta Kay and Tiffany R Holloman (eds), COVID-19 and Racism: Counter-Stories of Colliding Pandemics (Policy Press, 2023) 129–145
Abstract: The Equality Act 2010 in Great Britain marked the culmination of 45 years of deliberation, campaigning and legislating, and had the clear potential to protect certain groups, backgrounds and communities from unfair discrimination. In the years following 2010, however, the requirements of the Act were increasingly ignored by public bodies, particularly in England. Partly in consequence, the COVID-19 pandemic had a disproportionately negative impact on people with protected characteristics, as defined by the Act. The essential task of government when the pandemic is over will be not only to ‘build back better’, but also to build back fairer. If the new normal is not significantly fairer in its outcomes than the old, it will not be better. Among other measures, but crucially, this will involve activating the Act’s socioeconomic duty, attending to needs and priorities in left-behind neighbourhoods, and addressing forms of inequality that are systemic and structural.

Riley-Smith QC, Toby, Adam Heppinstall and Freya Foster, ''Is Covid-19 sowing the seeds for future litigation?'' (2020) 2(88) Medico-Legal Journal 90-97
Abstract: We consider various types of litigation that may follow the Covid-19 pandemic, including: claims against National Health Service (NHS) Trusts by patients who have contracted the coronavirus (or by their bereaved families), claims by NHS staff against their employer for a failure to provide any or adequate personal protective equipment or testing, commercial claims arising from the procurement of medical supplies, the potential liabilities to those who suffer adverse reactions to any vaccine and the guidance issued by the regulators in relation to subsequent disciplinary action.

Robins, Imogen, 'Financial remedies after COVID-19: What can we expect?' (2020) July(50) Family Law 904-908
Abstract: Discusses how the coronavirus pandemic may affect litigation for financial remedies on divorce. Considers the impact of lockdown on courts’ procedure, advantages of alternative dispute resolution, valuation of investments, and the possibility of varying existing orders.

Rodgers, Lisa, ‘Whistleblowing Protection and Raising Health and Safety Issues in the Pandemic: A Legal Analysis’ [2024] Journal of Work Health and Safety Regulation (advance article, published online 20 September 2024)
Abstract: The aim of this article is to investigate whistleblowing protection in the UK both theoretically and practically, focusing on the protection of whistleblowers when raising matters of health and safety during the pandemic. From a theoretical standpoint, it is argued that UK legislation on whistleblowing is skewed towards an understanding of whistleblowing as an exceptional individualised response to serious harm rather than as part and parcel of good management in the workplace. In practical terms, this is underscored by the structure of the whistleblowing legislation in the UK which focuses on remedy rather than prevention, internal rather than external reporting mechanisms and individual protection in the face of retaliation by employers. This structuring of the legislation has meant that despite the increase in whistleblowing claims arising in the wake of the pandemic, the success rate of those claims has been low. We are still some way from whistleblowing legislation acting as an effective means of the fight against corruption and as a contribution to the agenda of decent work for all.

Romanis, Elizabeth Chloe, Jordan Parsons and Nathan Hodson, ''COVID-19 and Reproductive Justice in Great Britain and the United States: Ensuring Access to Abortion Care during a Global Pandemic'' (2020) 1(7) Journal of Law and the Biosciences Article lsaa027
Abstract: In this paper we consider the impact that the COVID-19 pandemic is having on access to abortion care in Great Britain (England, Wales, and Scotland) and the United States. The pandemic has exacerbated problems in access to abortion services because social distancing or lockdown measures, increasing caring responsibilities, and the need to self-isolate are making clinics much more difficult to access; and this is when clinics are able to stay open which many are not. In response we argue there is a need to facilitate telemedical early medical abortion in order to ensure access to essential healthcare for people in need of terminations. There are substantial legal barriers to the establishment of telemedical abortion services in parts of Great Britain and parts of the United States. We argue that during a pandemic any restriction on telemedicine for basic healthcare is an unjustifiable human rights violation and, in the United States, is unconstitutional.

Rossner, Meredith, David Tait and Martha McCurdy, ''Justice reimagined: challenges and opportunities with implementing virtual courts'' (2021) 1(33) Current Issues in Criminal Justice 94-110
Abstract: While video technology has long been a feature of courtrooms, during the pandemic, courts underwent a seismic shift towards virtual hearings. Physical courtrooms shut their doors and hearings were moved to a virtual space. This transformation was fast, radical, and likely to permanently alter the landscape of justice. In this article, we review the strategies courts in Australia and the United Kingdom (UK) adopted in response to the pandemic and discuss the implications for the practice of justice. We provide a close examination of the design, framing, and ritual elements of a virtual hearing that can reveal the challenges that participants face when interacting within a virtual court, and point us towards ways of reimagining a more respectful and inclusive practice.

Rudnyeva, Oleksandra and Olena Prykhodko, 'The state as a guarantor of the protection of the rights of individuals and legal entities in the conditions of coronavirus crisis of 2020' (2020) 12 cz 2(73) Wiadomosci Lekarskie 2752-2757
OBJECTIVE: The aim of the article is to stimulate discussions about the necessity to improve the legal regulations that guarantee a proper public health policy, as well as to determine the balance between the level of restrictions that may be imposed by State in order to protect both, the public interest of health and the economic development. PATIENTS AND METHODS: Materials and methods: National legislation of Ukraine, United Kingdom and France on public health and health policy, case law of these countries, including high court decisions were used for dialectical, comparative, synthetic and systemic analyses. CONCLUSION: Conclusions: As the legality of government officials' actions principle is a fundamental constitutional principle in most European countries, states must establish such legal provisions to avoid short-term and long-term conflicts when the rights of individuals and legal entities are being restricted. At the legislative level, it is necessary to adopt transparent rules to attract private funding to the health sector. Development of the e-health and telemedicine systems could be boosted through the use of public-private partnership tools.

'The Rule of Law and the Response to COVID-19'' (Conference Paper, Proceedings of the Joint Conference of the Four Neighbouring Law Commissions, 03 January 2020)
Foreword: The COVID-19 pandemic has brought about challenges to governments globally as they have had to respond quickly to the public health emergency by adopting stringent measures to combat the spread of the virus. In the jurisdictions served by the four neighbouring Law Commissions, the responses of the respective governments have not been uniform and such differences cannot be attributed to the different levels of the spread of the virus only. The differences between these responses, at least partially, are also anchored in the diverse constitutional arrangements of the four jurisdictions. Moreover, the governments have at times struggled to balance their responses with the respect for fundamental rights and freedoms and respect for the rule of law. Striking the balance between the urgency of the responses required by a public health crisis and the rule of law is a challenge for every legitimate government. Achieving the balance not only protects human rights and safeguards institutions but may also help to support the measures required by the emergency by sustaining public trust in the institutions and in the legitimacy and necessity of the measures introduced. It is an issue that has been considered in both international instruments and national legal frameworks including the World Health Organization’s International Health Regulations; the International Covenant on Civil and Political Rights (ICCPR) and the Siracusa Principles; the UN 2030 Sustainable Development Agenda; and the Venice Commission Rule of Law Checklist. Ten principles to reconcile the immediate exigencies of a crisis with the long-term legitimacy offered by the rule of law may be derived from these sources: legality, necessity, proportionality, non-discrimination, time limits, non-derogable rights, international obligations, parliamentary scrutiny, effective remedy and transparency.1 Bodies engaged with law reform such as the Law Commissions attending this online Joint Annual Meeting of the four neighbouring Law Commissions have a role in supporting governments achieve the best outcomes. The meeting presented a timely opportunity to take stock of what measures had been introduced and to evaluate their compatibility with human rights and the rule of law. The discussion allowed examination too of the fundamental principles which should guide the governments across the jurisdictions as they embark upon the exit strategy from the adopted measures and consideration of the principles that should govern the action of the Governments in future should similar situations arise. Presentations were made by each of the Law Commissions for England and Wales, Ireland, Scotland and Jersey. The Law Commission of England and Wales gave an oral presentation about potential post-COVID law reform priorities and did not present a formal paper to the meeting. The papers prepared by or digests of the presentations from each of the Law Commissions of Ireland, Scotland and Jersey follow.

Russell, Meg, ‘Should We Be Worried about the Decline of Parliamentary Scrutiny?’ [2025] (1) Public Law 31–57
Abstract: Many concerns have been expressed in recent years about a decline in the quality of parliamentary scrutiny at Westminster, by both academics and those in the policy world. Such claims are often connected to the extraordinary events around Brexit, immediately followed by the United Kingdom’s (UK’s) response to the COVID-19 pandemic. But complaints about parliamentary decline are nothing new, so it is important to assess such claims objectively. This article uses parliamentary data and examples, supplemented by findings from earlier academic studies, to explore whether there is clear evidence of decline. Importantly, it asks whether changes seen during the Brexit and COVID-19 years were isolated, or whether they hastened a more lasting, and therefore worrying, downturn. The data examined covers rushed government bills, government amendments to its own bills in Parliament, publication of bills in draft form, and non-legislative forms of scrutiny such as government engagement with select committees. Several of these indicators do point to a decline, which appears to have strikingly accelerated during the premiership of Rishi Sunak. The problems encountered over Brexit and COVID-19 were therefore far from a one off, and some of the worst problems have occurred subsequently. The later part of the article explores the reasons for decline, noting that there has been important cultural change both inside government and Parliament. It calls for concerted action to reverse this, including by the new 2024 government. It also proposes collection of more systematic parliamentary data, in order that trends in the future can be better monitored by both government and Parliament.

Samsonow, Wladimir von, 'Executive Powers During the covid-19 Epidemic: The Legal Position in England-Wales and Germany Compared' (2022) () European Journal of Comparative Law and Governance (Advance article, published online 28 January 2022)
Abstract: Abstract This article aims to explore the consequences of covid-19 related laws upon democracy, concentrating on the separation of powers and the system of checks and balances. To analyse the effectiveness of measures, a comparison between England-Wales and Germany is made, in order to compare how two countries with similar demographic and economy, but different constitutional and political systems, have dealt with the epidemic. The main question that is being asked and answered is whether a constitutional crisis has taken place. And finally, the analysis how the judiciary has been the most helpful branch in the separation of powers to uphold a system of checks and balances during the epidemic in both England-Wales and Germany.

Samuels, Alec, ''Coronavirus Act 2020: An overview by a lawyer interested in medico-legal matters'' (2020) 2(88) Medico-Legal Journal 86-89
Abstract: The Act and the regulations. How long they might last. The suspension of the renewals. Enforcement and the role of the police. Protection of whistleblowers. The trial scene. The ultimate impact.

Sanchez-Graells, Albert, ''COVID-19 PPE Extremely Urgent Procurement in England. A Cautionary Tale for an Overheating Public Governance'' (SSRN Scholarly Paper No ID 3711526, 14 January 2020)
Abstract: In this short paper, I reflect on the case study of the procurement of personal protective equipment (PPE) for the English NHS during the first wave of the COVID-19 pandemic. I put forward two main claims. My first claim is that the UK Government not only was particularly ill-positioned to deal with the pandemic as a result of years of austerity and the institutional unsettling resulting from the continuous reform of the NHS, its internal market and its supply chain—but also due to the imminence of Brexit and its political ramifications. My second contribution is that, in its desperate reaction to the PPE fiasco, the UK Government misused and abused the disapplication of the standard procurement rules on the basis of the ‘extremely urgent need’ exemption. This resulted in the opaque award of large numbers of high value contracts to companies that would not survive basic screening under normal conditions. Overall, my goal is to lay bare the more general problems in the UK Government’s approach to the governance of public procurement and its increasing insularity as a result of Brexit, with the hope that this will show a path for change that could avert even more significant fiascos in the face of the massive challenges that climate change will bring.

Sandberg, Russell, 'Is the National Health Service a Religion?' (2020) 3(22) Ecclesiastical Law Journal 343-354
Abstract: Considers, with reference to the coronavirus lockdown, whether individuals may be legally entitled to refuse to return to the workplace on the ground that they feel that such a return will breach their belief in protecting the NHS. Discusses whether the NHS constitutes a 'religion' under ECHR art.9.

Sanders, Anne, ''Video-hearings in Europe before, during and after the COVID-19 pandemic'' (2021) 2(12) International Journal for Court Administration Article 3
Abstract: While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe's Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges.

Scott, Gary, 'Introduction of Mandatory Electrical Safety Checks for Residential Tenancies' (2020) 5(24) Landlord & Tenant Review 191-192
Abstract: Highlights the implementation of the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, and examines their key requirements. Reviews the compliance deadline for existing tenancies, the procedure in the event of breach or non-compliance, the potential penalties available, and whether the Regulations’ operation has been affected by the coronavirus pandemic.

Scott, Jonathan, 'Competition law post-Brexit' (2021) 2(20) Competition Law Journal 51-54
Abstract: The end of the Transition Period following the UK's exit from the European Union and COVID-19 are major catalysts for the Competition and Markets Authority's future work, including in the fields of merger control and antitrust enforcement. This article considers how these, and other events, will influence the CMA's work, including the establishment of the Digital Markets Unit and the Office for the Internal Market, enforcement priorities and international cooperation.

Seraj, Shaikh S et al, ‘Covid-19: Exploring Medico-Legal Perceptions amongst Orthopaedic Surgeons and Lawyers’ (2023) Medico-Legal Journal (advance article, published online 25 January 2023
Abstract: British national guidelines and laws published by the British Orthopaedic Association and the new Coronovirus Act 2020 favoured treatment of trauma and orthopaedic conditions with non-operative alternatives. Feedback from lawyers reassures trauma and orthopaedic clinicians that negligence claims should not rise due to the updated national guidelines.

Sergeant, Michael, 'Variations and COVID-19 claims' (2020) (15) Building 40-41
Abstract: Considers whether variation clauses in construction contracts could be invoked to address changes such as the scope of work or revised methods of working as a result of the coronavirus pandemic.

Seyd, Ben et al, ‘“Trust the Messenger”: Public Trust in Sources of Information on COVID-19’ (2025) 78(2) Parliamentary Affairs 257–278
Abstract: A key lesson of the coronavirus pandemic was the importance for pro-social behaviour of popular trust in key information sources. Yet existing studies rarely consider the role of people's trust in a range of different information sources, and the relationship between such trust and particular attitudes and behaviours among individuals. This study goes beyond the general mantra that 'trust matters' and explores more specific effects, relating to trust in particular actors and for particular outcomes. Based on a survey fielded on a representative sample of the British population conducted towards the end of the pandemic, we find evidence that people's coronavirus attitudes and behaviours are particularly related to their trust in scientific experts and, in some cases, to their trust in local councils. However, trust in these actors is not uniformly associated with people's coronavirus beliefs and actions. This suggests that the link between people's trust and their pro-social attitudes and behaviours is often specific rather than general. The results hold important implications for the design of effective public communication strategies in the event of any future health emergency.

Shearman & Sterling, 'Corporate Insolvency and Governance Act 2020 Gains Royal Assent' (2020) 10(35) Journal of International Banking Law and Regulation N127-N128
Abstract: Notes key measures introduced by the Corporate Insolvency and Governance Act 2020, their application to limited liability partnerships, and Re Lehman Brothers Europe Ltd (In Administration) (Ch D) on whether former administrators whose discharge from liability was not dealt with by the creditors' committee before it was disbanded had standing to apply to the court for discharge under the Insolvency Act 1986 Sch.B1 para.98(2)(c).

Shearman & Sterling, 'COVID-19: Changes to Be Made to UK Insolvency Regime' (2020) 7(35) Journal of International Banking Law and Regulation N88
Abstract: Notes impending revisions to the UK insolvency regime, in response to the coronavirus pandemic, to permit UK companies undergoing restructuring or corporate rescue to continue trading. Details the main reforms, including a moratorium to protect companies considering restructuring, the protection of suppliers, and the temporary suspension of the wrongful trading regime under the Insolvency Act 1986 s.214.

Shearman & Sterling, 'United Kingdom: COVID-19 – Insolvency Framework' (2020) 8(35) Journal of International Banking Law and Regulation N98
Abstract: Highlights the Government's intention to introduce changes to the insolvency framework in response to the coronavirus pandemic. Details the additional restructuring tools proposed, including protection of companies' supplies to allow trading to continue, and the introduction of a new restructuring plan.

Shemtob, Lara, Kaveh Asanati and Azeem Majeed, ''Covid-19: Ending the legal requirement to self isolate puts vulnerable people at risk'' (2022) (376) BMJ Article o461
Abstract: The government has just announced that all covid-19 restrictions in England are set to end. Boris Johnson, the UK prime minister, told MPs that he plans to remove the remaining restrictions, including the legal requirement to self isolate for people infected with covid-19. Instead of legislation, voluntary guidance will “advise” people with covid-19 not to attend workplaces. Employers will once again need to develop and implement new rules for their workplaces when the legal requirement to self isolate with covid-19 comes to an end. They should consider carefully how to develop and implement new policies fairly and safely in the workplace so that staff and customers—particularly those who are clinically vulnerable—are not put at risk. Presenteeism occurs when employees go to work despite not being well enough to perform their duties. The NHS is the largest employer in England and the NHS Staff Survey showed a drop in presenteeism in 2020 compared to preceding years.1 This is likely an effect of covid-19, which forced workers and employers to endorse sick leave to prevent workplace outbreaks and has therefore gone some way to changing attitudes to calling in sick. Despite this, around 40% of NHS staff surveyed still reported coming to work in 2020, despite not being well …

Shiels, Robert, 'The instant law of coronavirus: Part 1' (2020) (24) Scots Law Times 153-159
Abstract: Discusses criminal and civil case law arising from the coronavirus pandemic which has resulted in the enactment of instant legislation using emergency procedures.

Shindler, Geoffrey, 'Witnessing History' () October(217) Trusts and Estates Law & Tax Journal 1-3
Abstract: Considers whether the coronavirus pandemic will have a permanent effect on the working practices of private client practitioners. Considers trends towards working at home, video conferencing, the change in occupation of office premises and use of digital technology.

Shvetsova, Olga et al, ''Policy Error and Policy Rescue in COVID-19 Responses in the United States and United Kingdom'' (Binghamton University, Citizenship, Rights, and Cultural Belonging, Working Papers Series No 103, 01 January 2020)
Abstract: The ongoing COVID-19 pandemic represents an existential threat to societies around the world. There has been considerable variation in both rhetoric and policy responses among the many national governments. This piece explains how democratic institutions, in particular federalism, can impact the speed and degree of policy responses protecting citizens, even when national leaders share similar public rhetoric that is non-conducive to speedy policy response. Comparing the policies of United States and United Kingdom with the backdrop of their national leaders’ public stances, we argue that having multiple decision points due to the redundancy inherent in federalism increases the chances that a citizen will receive the “correct” policy, even when policy-makers at some levels of government put forth “wrong” policy responses. However, in unitary government, society must rely on the central leader to determine the “correct” policy as sub-national policy-makers are constrained by institutions in their ability to respond. That, due to inherent error probability, delays policy response.

Sibony, Anne-Lise, ''The UK COVID-19 response: A behavioural irony?'' (2020) 2(11) European Journal of Risk Regulation Special Issue - ‘Taming COVID-19 by Regulation’ 350-357
Abstract: The diversity of responses to the COVID-19 outbreak across countries both internationally and within the European Union (EU) is considerable and the lack of a coordinated response at the EU level is being criticised. Within this natural experiment involving different national policies, possibly the most strikingly distinct path is the one initially chosen by the UK and in which The Netherlands is persevering. Instead of trying to avoid contamination as much as possible though drastic measures such as early lockdown, the strategy is to encourage herd immunity. In the UK, this initial policy choice was presented as being based on both epidemiology and behavioural sciences. “Behavioural fatigue”, a little-known phrase not found in the most comprehensive textbook, suddenly rose to (probably short-lived) fame. The suggestion was that people would get tired of staying home so lockdown would be ineffective. In The Netherlands, the Prime Minister announced similarly relaxed rules about social distancing, and though he did not explicitly refer to any behavioural input, it is nonetheless highly likely that there was one.6 The initial moves of both of these governments met with scepticism and appeared shocking to many. The association between behavioural input in the policy decision and the decision to let the virus spread by refraining from ordering lockdown is unfortunate, but it is there. “How could a government rely merely on nudges in the face of grave danger?” observers legitimately asked. While no government relies merely on nudges (even The Netherlands has ordered schools and bars to close), this particular episode in the unfolding worldwide coronavirus saga gives behaviourally minded analysts pause. It is worth considering the proper place of behavioural insights in the difficult policy choices at hand.

Sim, Joe and Steve Tombs, ‘Deaths and COVID-19: Talk, Silence and Alternative Realities’ (2023) 45(3) Law & Policy 373–391
Abstract: This article critically considers the UK Government’s insidious attempts to control the narrative around COVID-19 deaths through using the interrelated strategies of ‘talk and “silence” in order to socially construct a definitive “truth”’ around the virus. The article traces how these strategies worked in practice and the shift which took place from numerous press briefings and Parliamentary debates to an ominous silence around the number of deaths, in particular. At the same time, as the article illustrates, the government’s truth has not prevailed. Their twin strategy has been contested and resisted by grassroots organizations and radical lawyers who have demanded that Ministers should take responsibility for the tens of thousands of preventable deaths which have occurred. Rather than government talk and silence prevailing, it is the voices of the haunted relatives of the dead, demanding accountability, which are creating an alternative narrative.

Simmons, Richard, 'Coronavirus: full details of the law firms affected so far' (2020) April 9() Lawyer (Online Edition) 1
Abstract: The article provides an overview of the impact of coronavirus on law firms. Topics discussed include Simmons & Simmons delays partner distributions; the Inns of Court announce an emergency hardship fund to assist barristers who need urgent help amid the coronavirus crisis; and Mayer Brown launches an emergency service in order to support staff with problems working from home.

Sinfield, Greg, 'Let justice be done' (2020) 4749(185) Taxation 8-11
Abstract: Explains how the First-tier Tribunal Tax Chamber moved to remote hearings in response to the coronavirus pandemic, and plans to use them in appropriate cases in future. Considers how the Chamber coped with its workload and why proceedings were stayed and some cases were determined on papers.

Skerratt-Williams, Sian, 'COVID-19: The Welsh perspective' (2020) (2017) Estates Gazette 58
Abstract: Explains how and why certain responses to the coronavirus pandemic by the National Assembly for Wales differ from those adopted by the UK Parliament. Focuses on business and residential tenancies, health protection and business support measures.

Slinn, Ben, 'What's in Store for Contact Tracing Apps in the UK?' (2020) July(110) Privacy Laws & Business United Kingdom Newsletter 10-12
Abstract: Examines data protection considerations relevant to the use of contact tracing apps, focusing on the position of the Information Commissioner’s Office, which favours a decentralised approach with processing focused on users’ devices, and the European Data Protection Board. Notes the steps taken by the European Commission in relation to contact tracing apps and the status of the UK app.

Sorabji, John, ''Initial Reflections on the Potential Effects of the Covid-19 Pandemic on Courts and Judiciary of England and Wales'' (2021) 2(12) International Journal for Court Administration Article 6
Abstract: This paper considers the initial impact of the Cvid-19 pandemic on the administration of the courts in England and Wales. It explores the early empirical evidence the pandemic has had on the digitisation of justice. It further considers the medium to longer term potential impact the pandemic’s consequences, and the effect it has had on digitisation of the courts, on court procedures, the nature of the judiciary, and the legal profession.

Sorabji, John and Steven Vaughan, '''This Is Not A Rule': COVID-19 in England & Wales and Criminal Justice Governance via Guidance'' (2021) () European Journal of Risk Regulation (advance article, published 9 February 2021)
Abstract: Soft law is an integral part of the efficient and effective functioning of public administration in England & Wales, with a long history of use. As such, its deployment per se as part of the regulatory response to COVID-19 in England & Wales is unremarkable. What is more striking, however, is the extent to which soft law was deployed, with over 400 pieces of ‘guidance and regulations’ created by the government in Whitehall, to say nothing of the other primary and secondary legislation passed to deal with the crisis. In this article, we do three things. First, we look at the place of soft law in administrative law in England & Wales. We then turn to the broad regulatory framework, including soft law, which governs the COVID-19 pandemic in our jurisdiction. This background then allows us, in the final part of this article, to take a deep dive into the criminal justice system. Here, we show how the senior judiciary predominately relied on soft law in the form of judicial guidance and protocols to manage the system. This was against the backdrop of targeted legislation that provided for an expansion of access to the criminal courts via video and audio links and also a limited number of Practice Directions that have the force of law. Our deep dive allows us to argue that the approach taken by the senior judiciary to the use of soft law during the COVID-19 pandemic has, in a number of ways, been more effective than that taken by the government. That being said there remains room for improvement, particularly as concerns the nature of the judicial guidance issued and clarity in terms of what guidance was in place and when.

Spencer, JR, 'COVID coughing and the criminal law' (2020) (5) Archbold Review 5, 8-9
Abstract: Examines the criminal offences that are potentially committed by persons carrying the coronavirus who deliberately cough over other people to scare or harm them. Refers to various offences under the Offences Against the Person Act 1861 and relevant case law.

Stafford, Caroline, ‘The Impact of COVID-19 on the Legal Information Profession within Law Firms’ (2022) 22(4) Legal Information Management 190–195
Abstract: The purpose of this research is to understand the impact of the COVID-19 pandemic on the legal information profession within law firm libraries in Britain and Ireland. As the pandemic only began the year before commencing this research, few studies had been conducted on the topic, thereby a clear opening for this study emerged. This study uses a survey research strategy comprised of a mixed methods research approach. Desk research in the form of a literature review opens the study. A questionnaire and 5 semi-structured interviews were subsequently conducted. To understand the impact of the pandemic on the legal information profession within law firm libraries, the research objectives break the topic down into 4 areas that give insight into the consequences of the pandemic. The research found that A) working from home was the major impact faced due to the lockdown in spring 2020; B) use and spending on print resources declined; C) the role of legal information professionals has not significantly changed; and D) future legal information professionals will need to upskill due to technological developments and improve the image of the profession. Owing to the recent outset of the COVID-19 pandemic, it is important to compare the findings of this research to similar future studies to determine the validity of the results.

Stanier, Ian and Jordan Nunan, ''The impact of COVID-19 on UK informant use and management'' (2021) 5(31) Policing and Society 512-529
Abstract: The effect of COVID-19 on informant use and management, during the peak of the imposed Government lockdown measures was felt across English and Welsh police Dedicated Source Units. Within these restrictions, staff managing informants had to develop and then implement new strategies that delivered safe, yet effective, informant handling capacity and capability. Based on a survey of 205 respondents directly involved in the handling, control or authorisation of informants, this article examined their perceptions of the effect of COVID-19 in this highly specialised policing activity. The research findings revealed five broad themes associated with the impact of COVID-19 on informant management practices: (i) health protection; (ii) governance; (iii) innovation and technology; (iv) recruitment, communication and informant development and (v) tradecraft and intelligence. The article explored the organisational responses to initiating and maintaining informant-handler relationships and ensuring the flow of intelligence within this unique operational environment. Participants perceived that handler-informant relationships were strengthened, and also indications of a willingness to adapt policy and procedure associated with the informant management cycle: targeting, initial recruitment contact, assessment and evaluation, tasking and deployment and payment of informant rewards. It also highlighted a wider consensus that there was further scope for enhancing resilience to similar future pandemics including the use of enabling technology and responsive policy adaptation.

Stavert, Jill and Colin McKay, 'Scottish mental health and capacity law: The normal, pandemic and ‘new normal’' (2020) July–August(71) International Journal of Law and Psychiatry Special Issue on Mental health, Mental Capacity, Ethics and the Law in the Context of Covid-19 (Coronavirus), Article 101593
Abstract: A state's real commitment to its international human rights obligations is never more challenged than when it faces emergency situations. Addressing actual and potential resourcing pressures arising from the COVID-19 pandemic has resulted in, amongst other things, modifications to Scottish mental health and capacity law and the issuing of new guidance relating to associated practice. Whether these emergency or ordinary measures are invoked during the crisis there are potential implications for the rights of persons with mental illness, learning disability and dementia notably those relating to individual autonomy and dignity. This article will consider areas of particular concern but how strict adherence to the legal, ethical and human rights framework in Scotland will help to reduce the risk of adverse consequences.

Stevenson, Douglas, 'Shutdown, Frustration & Property Contracts' (2020) Spring(233) Writ 25-26
Abstract: Considers the doctrine of frustration as it applies to property contracts during the COVID-19 crisis. Refers to cases on war-time frustration and their application to leases and contracts for the sale of land. Suggests that the concept of partial excuse for breach of contract may be applicable.

Stewart, Edward, 'Storm COVID blows through the wind industry' (2020) 6(31) Construction Law 12-13
Abstract: Analyses the effect of COVID-19 on the wind power industry where forecasts estimate reductions as high as 9GW in 2020 installations, and what reliefs there may be for such projects under FIDIC Silver Book 1999 edition.

Stock, Melissa, 'Facial Recognition and Detection Technology: Developments and Challenges' (2020) 3(25) Computer and Telecommunications Law Review 161-166
Abstract: Highlights the privacy risks posed by facial recognition and detection technology, including the potential for fraud and other criminal misuse, and errors in detection, particularly among Asian or African ethnic groups and women. Explores legal challenges relating to the use of face recognition brought in the UK, Sweden, France, Belgium, and the US. Considers the role digital surveillance has played in tackling the coronavirus pandemic.

Storer, Carol, 'Does the justice system really matter?' (2020) September() Legal Action 3
Abstract: Argues that the Government must act to preserve the effectiveness of the justice system. Discusses the importance of the Legal Support Action Plan, the impact of the digitisation of courts and advice services on the most disadvantaged, the new legal needs generated by the coronavirus pandemic, the investigation into sustainability of civil legal aid, and the need for adequate funding.

Stothers, Christopher and Alexandra Morgan, ''IP and the supply of COVID-19-related drugs'' (2020) 8(15) Journal of Intellectual Property Law & Practice 590-593
Abstract: Considers the implications for intellectual property law of the widespread collaboration between pharmaceutical companies in developing treatments for COVID-19. Examines the mechanisms developed in the UK, the US, Austria, Germany and the Netherlands for bypassing trading rights and patent rights.

Stott, Clifford, Owen West and Mark Harrison, ''A Turning Point, Securitization, and Policing in the Context of Covid-19: Building a New Social Contract Between State and Nation?'' () 3(14) Policing: A Journal of Policy and Practice 574-578
Extract from Introduction: ... the measures taken by governments to control disease often produce outcomes that can threaten the very basis of functional democracy. In this commentary, we provide a brief analysis of some of the security implications of Covid-19.

Summerell, Tracey, 'Good behaviour' (2020) 6(31) Construction Law 33
Abstract: Considers the UK Government’s call for good contractual behaviour by parties to construction contracts to support an economic recovery following the COVID-19 pandemic, and how businesses can observe best practice in meeting their contractual obligations.

Swift, Duncan, 'Rescue, Recovery & Renewal' (2020) 2(13) Corporate Rescue and Insolvency 64-65
Abstract: Reflects on the features of Chancellor Rishi Sunak's first Budget that may affect insolvency and restructuring, including measures to help businesses through the coronavirus pandemic. Suggests that confirmation of changes to the creditor status of HMRC, and proposals to make directors personally liable for corporate tax debts where abuse of the insolvency regime is suspected, will hamper corporate rescue and represent a missed opportunity.

Swoboda, John-Paul, 'Remote hearings: The new-normal? (Are they fair? Are they just?)' (2020) 3() Journal of Personal Injury Law 208-2011
Abstract: Reflects on the growth of remote personal injury hearings due to the coronavirus pandemic, and whether such proceedings are both fair and just. Reviews the distinction between the two concepts illustrated by SC (A Child) v University Hospital Southampton NHS Foundation Trust (QBD), the lack of guidance on when hearings should be remote, whether a permanent move towards such hearings is emerging, and whether this will lower the quality of justice.

Tarrant, Alison and Lydia Hayes, 'Exposure to coronavirus in adult social care settings: A matter of safety or safeguarding?' (2021) 2() PUBLIC LAW 223-232
Abstract: During the first stage of the coronavirus pandemic, the UK saw thousands of deaths in care homes, either from COVID-19 or from causes connected to it. A far higher proportion of people in care homes died than in the broader community. It is clearly essential to find out how this happened and what went wrong. Investigations and inquiries have already begun into the handling of COVID-19 in the UK; and there is clearly an urgent practical need to understand how to respond better to coronavirus-which is likely to be with us for some time-and to learn lessons for the future.

Taylor, Dean, 'Housing Law and Airbnb Amidst Covid-19' (2020) 4(23) Journal of Housing Law 62-67
Abstract: Notes the amendments made to the Homelessness Code of Guidance from 29 June 2020 in response to the coronavirus pandemic, including advice that local authorities carefully consider applicants’ vulnerability in regard to coronavirus.

Thornton, Margaret, 'Legal professionalism in a context of Uberisation' (2021) 3(28) International Journal of the Legal Profession 243-263
Abstract: From around the millennial turn, Australia was to the fore among common law countries in the liberalisation of legal practice with a range of radical reforms, such as the ownership of firms by non-lawyers and listing on the stock exchange. Albeit not peculiar to Australia, technological innovations, including remote working, digitalised platforms and artificial intelligence (AI), are also dramatically changing the way law is practised. Invariably motivated by profit maximisation, the impact of these reforms poses discomfiting questions for the underlying values of legal professionalism. This article will overview the reforms that have occurred, drawing on a small study of NewLaw firms in Australia and the UK, to illustrate how the “Uberisation” of contemporary legal practice is contributing to a new incarnation of postprofessionalism. The article will also show how the injunction to work at home in response to COVID-19 has given “Uberisation” an adrenalin shot in the arm.

Ti, Edward S W, ''Of Landlords and Tenants: Property in the Midst of a Pandemic'' (2021) () Statute Law Review Article hmab018 (advance article, published 1 July 2021)
Abstract: Part 2 provides an overview of the regulatory protections given to business tenancies during the pandemic, as well as under the Landlord and Tenant Acts 1927 and 1954. The special responsibility owners have to not use their property in a harmful manner provides a strong basis to justify these regulations. Part 3 presents the main argument explaining why a modified version of Honoré’s incident of ownership not to use property in a harmful manner is advocated. Drawing on theory, policy and the doctrine of frustration, this section explains why Honoré’s incident provides the conceptual and ethical basis to justify not only the enactment of the coronavirus-inspired laws protecting business tenancies but more generally, when property rights can be statutorily interfered with. Part 4 concludes.

Tickell, Andrew and Alison Britton, ‘Towards an “All Hazards” Approach at Last? Scottish Public Health Law before, during and after Covid-19’ [2024] (January) Public Law 19-29
Abstract: This article critically examines the state of Scottish public health law before, during and after the COVID-19 pandemic through the lens of the World Health Organization’s "all hazards" approach. With reference to the evolving framework of public health powers applying in Scotland from the spring of 2020 to the concluding phase of the pandemic in 2022, we explore why the key Scots public health statute in place at the start of the pandemic—the Public Health Etc (Scotland) Act 2008 —proved maladapted to dealing with COVID-19. Key regulatory assumptions underpinning Scotland’s evolving public health law are identified, including the impact of attempted ECHR compliance on the design of devolved public health powers. The concluding section discusses the new framework adopted by the Scottish Parliament in the Coronavirus (Recovery and Reform) (Scotland) Act 2022, considering whether its reforms are likely to future-proof the Scots statute book against new and emerging public health threats any more successfully than the 2008 Act. We suggest that it will—but at the price of permanently extending Scottish ministers’ powers and re-centring public health powers on the Scottish Government, rather than health boards. This article contributes not only to the evaluation of regulatory preparedness for pandemic illness under devolution—which seems likely to inform both UK and Scottish COVID-19 Inquiries—but also to the limited literature on public health powers available to public authorities in Scotland, contextualised against wider issues of concern for public law, including democratic accountability mechanisms and their interactions with emergency powers and fundamental rights.

Tidball, Marie et al, ''An Affront to Dignity, Inclusion and Equality: Coronavirus and the Impact of Law, Policy, Practice and Access to Services on People with Disabilities in the United Kingdom'' (University of Oxford, Faculty of Law, Bonavero Institute of Human Rights, Bonavero Report No 4/2020, 02 January 2020)
Abstract: Extract: The Oxford University Disability Law & Policy Project and the Bonavero Institute of Human Rights, with the support of a group of leading academics working on disability law, have produced a policy report which describes the impact of coronavirus related law, policy and practice on people with disabilities in the United Kingdom. This Report is based on material the authors submitted to the House of Commons Women and Equality Committee inquiries on the unequal impact of Covid-19 and the Coronavirus Act 2020 on People with protected characteristics and papers given at a University webinar on Disability in the Context of the Coronavirus Crisis. The unequal impact of the coronavirus crisis, charted in the essays, in this report is startling. In June, the Office for National Statistics Data revealed that almost 60% of deaths from coronavirus in the UK have been people with disabilities. Disabled women are 2.4 times more likely to die from Covid-19 and men with disabilities 1.9 times more likely to die. These risk levels rise to 11.3 times for disabled women aged under 65 and 6.5 times for men. The Report makes twenty-two recommendations, including on the need for a national inquiry to understand the scale of Covid-19 related deaths and to examine why this groups have carried such a heavy burden for the pandemic.

Ting, Wang Leung, ‘You Are Unmuted: The Impact of Virtual Arrangements on Women and Old Age Legislators’ Participation during the COVID-19 Pandemic’ (2025) 78(2) Parliamentary Affairs 279–303
Abstract: During the COVID-19 pandemic, parliaments around the world implemented virtual arrangements to facilitate participation by legislators who were negatively affected. This article explores if the pandemic had a differential impact on MP participation in parliamentary proceedings by age or gender and whether virtual arrangements have mitigated these adverse effects. Using the adoption of hybrid proceedings in the United Kingdom House of Commons as its case study, and exploiting the change in its form and application during the pandemic period as treatment, this article demonstrates that the pandemic has had an especially adverse impact on women MPs' participation in parliamentary proceedings and that virtual arrangements had a substantive role in mitigating the gendered effect of the pandemic when its application was more extensive. These results suggest that maintaining virtual arrangements for parliamentary proceedings post-pandemic is potentially beneficial for the descriptive representation of women.

Tisdall, EKM and F Morrison, ‘Children’s Human Rights under COVID-19: Learning from Children’s Rights Impact Assessments’ (2023) 27(9–10) The International Journal of Human Rights 1475–1491
Abstract: Policy responses to COVID-19 have had dramatic impacts on children’s human rights, as much as the COVID-19 pandemic itself. In the rush to protect the human right of survival and development, new policies and their implementation magnified the challenges of taking a children’s rights approach in adult-oriented systems and institutions. This article explores these challenges, drawing on learning from the independent Children’s Rights Impact Assessment (CRIA) on policies affecting children in Scotland during ‘lockdown’ in spring 2020. The article uses concepts from childhood studies and legal philosophy to highlight issues for children’s human rights, in such areas as children in conflict with the law, domestic abuse, poverty and digital exclusion. The analysis uncovers how persistent constructions of children as vulnerable and best protected in their families led to systematic disadvantages for certain groups of children and failed to address all of children’s human rights to protection, provision and participation. The independent CRIA illuminates gaps in rights’ accountability, such as the lack of children’s rights indicators and disaggregated data, children’s inadequate access to complaints and justice, and the need for improved information to and participation of children.

Tobyn, Graeme William, ''How England First Managed a National Infection Crisis: The Plague Orders of 1578'' (SSRN Scholarly Paper No ID 3608582, 04 January 2020)
Abstract: The current Covid-19 pandemic and lockdown in the UK have parallels with the first ever national management of epidemic infection in England, the Plague Orders of 1578. Combining historical research of the Tudor and Stuart periods with information sources and broadcast news as the epidemic in England unfolds in real time during lockdown, the areas of official guidance, epidemiology, social distancing and quarantine, financing measures, the national health service, fake news and burial of the dead are compared. Then as now, social distancing and quarantine measures were applied for the sake of preserving life, loss of livelihood ameliorated by government loans and dangerous opinions suppressed, the flight to second homes by the rich observed and health inequities uncovered. Taxation of the wealthiest in a parish to pay for measures and promotion of home remedies and over-the-counter preparations are among the differences of the early modern period. Wholly unprecedented in comparison with the past is the quarantining of the whole society and the financial package for workers on furlough to avoid mass unemployment. In the new, less polluted normal after lockdown, people should be given more credit for sophisticated understanding than was allowed in past centuries when fear and punishment coerced the majority to conform and share in decisions about national and community life.

Tomkins, Adam, ‘Constitutional Government in the Time of Covid: The Scottish Experience’ (2023) 27(3) Edinburgh Law Review 284–309
Abstract: The author provides a bird’s eye view from his time as an MSP of the Scottish Government’s legislative and executive response to the Covid-19 pandemic. He concentrates on the efforts of Scottish Parliament and the Scottish courts to hold them to account, and ultimately finds them lacking.

Tomlinson, Joe et al, ''Judicial Review in the Administrative Court during the COVID-19 Pandemic'' (SSRN Scholarly Paper No ID 3580367, 15 January 2020)
Abstract: In this paper we report the first set of preliminary empirical findings concerning how the judicial review process in the Administrative Court has operated under COVID-19 measures. Our findings suggest that, while there is support for the process continuing and remote hearings have certain strengths, there are also various technical difficulties arising and remote hearings are not seen as universally appropriate, even in a jurisdiction with a focus on ‘law-heavy’ disputes.

Tomlinson, Joe et al, ‘Law and Compliance During COVID-19’ (Nuffield Foundation, September 2022)
Abstract: The Law and Compliance during COVID-19 project sought to answer a critical question: what drove public compliance – and non-compliance – with lockdown laws across the UK during the early stages of the pandemic? Our focus was on what people thought the law was, and how they behaved in relation to it. Through surveys, interviews, and focus groups with the public during 2020, our aim was to understand how the public responded to the lockdown restrictions that they believed to be legal rules. This report sets out our key findings.

Tribe, John and Stephen Baister, 'The Suspension of Debt Obligations and Bankruptcy Laws during World War I and World War II: Lessons for Private Law during the Corona Pandemic from previous national crises' (2020) 3(33) Insolvency Intelligence 67-78
Abstract: On 28 March 2020, the Insolvency Service announced the government was placing before Parliament what are presumed to be temporary reforms to the insolvency law to help companies through the current economic crisis caused by the corona pandemic. The reforms that have so far been highlighted are a moratorium on the ability to present or pursue winding-up petitions and the suspension of the law on wrongful trading. These emergency moves are not without precedent. This article examines a range of measures that were introduced during the First and Second World Wars that were designed to respond to the unusual circumstances caused by a global crisis. The effect of these measures, e.g. the Liabilities (War-Time Adjustment) Act 1941, was to postpone debtors’ liabilities but not to eliminate them. This article demonstrates that these measures went some way towards meeting their objective of saving small businesses from bankruptcy.

Turner, Duncan and Amy Roberts, 'COVID: A catalyst for change?' (2020) 6(31) Construction Law 24-26
Abstract: Examines the legal implications relating to the implementation of new technologies and processes that aim to help the construction industry ensure compliance with ongoing COVID-19-related restrictions in the workplace and how such technologies may be adopted in the longer term. Highlights the need for the purchaser to carefully review contracts with suppliers of such technology.

'UK Regulator Addresses Perplexing Privacy Questions for Hospitality Sector' (2020) 7(20) Privacy & Data Protection 17-18
Abstract: Reports on the publication of guidance by the Information Commissioner's Office on the collection and retention of customer and visitor information by organisations and small businesses in the hospitality sector for the purposes of the COVID-19 Test and Trace scheme.

van Zwieten, Kristin, ‘Mid-Crisis Restructuring Law Reform in the United Kingdom’ (2023) 24(2) European Business Organization Law Review 287–315
Abstract: Economic shocks create insolvency law-making space, generating opportunities for legal reform that may be absent in good times. Policymakers may suddenly acquire a mandate to resource institutions or drive through a change in the law where in good times such reforms were likely to be foiled by interest group capture, or simply unlikely to get sufficient political traction. A crisis, then, is an opportunity for the well-prepared insolvency policymaker. Insolvency rule-making in crisis conditions is, however, plainly also risky. Making best use of the opportunity implies making more than temporary changes to the regime. But design choices made mid-crisis will almost inevitably be influenced by the features of the crisis itself, generating a risk that the result of the reform effort will be distorted law, ill-suited to the achievement of the lawmaker’s objectives in the long run. This paper considers the permanent restructuring law reforms enacted in the UK during the first wave of the Covid-19 pandemic. At first glance, these reforms appear to exemplify the case of the well-prepared policymaker, poised to drive through carefully planned changes to the law when the opportunity arises. On closer inspection, however, a different picture emerges. The permanent measures, which were enacted in a fast-track legislative process, departed from the Government’s pre-pandemic plan in material and undesirable ways. In some cases, these deviations mean that the original objective has not been achieved at all; in others, the objective has been at least partially achieved, but at unnecessary cost. Overall, the UK experience appears to better exemplify the risks of attempting insolvency law reform in a crisis, than the opportunities that a crisis affords to an insolvency policymaker.

Vicary, Sarah et al, '"It's about how much we can do, and not how little we can get away with": Coronavirus-related legislative changes for social care in the United Kingdom' (2020) 72(September-October) International Journal of Law and Psychiatry Article 101601
Abstract: The coronavirus pandemic, referred to here as Covid-19, has brought into sharp focus the increasing divergence of devolved legislation and its implementation in the United Kingdom. One such instance is the emergency health and social care legislation and guidance introduced by the United Kingdom Central Government and the devolved Governments of Wales, Scotland and Northern Ireland in response to this pandemic. We provide a summary, comparison and discussion of these proposed and actual changes with a particular focus on the impact on adult social care and safeguarding of the rights of citizens. To begin, a summary and comparison of the relevant changes, or potential changes, to mental health, mental capacity and adult social care law across the four jurisdictions is provided. Next, we critique the suggested and actual changes and in so doing consider the immediate and longer term implications for adult social care, including mental health and mental capacity, at the time of publication.several core themes emerged: concerns around process and scrutiny; concerns about possible changes to the workforce and last, the possible threat on the ability to safeguard human rights. It has been shown that, ordinarily, legislative provisions across the jurisdictions of the UK are different, save for Wales (which shares most of its mental health law provisions with England). Such divergence is also mirrored in the way in which the suggested emergency changes could be implemented. Aside from this, there is also a wider concern about a lack of parity of esteem between social care and health care, a concern which is common to all. What is interesting is that the introduction of CVA 2020 forced a comparison to be made between the four UK nations which also shines a spotlight on how citizens can anticipate receipt of services.

Viljoen, Nick, 'COVID-19 and change in law' (2020) 6(31) Construction Law 21-23
Abstract: Considers whether changes to a contractor’s working methods or procedures in compliance with the Government’s COVID-19 Standard Operating Procedures could qualify as a change in law or a variation or whether such changes fall within the principal contractor’s pre-existing obligations under the Construction (Design and Management) Regulations 2015.

Von Batten, Karl, ''The Effects of Multiple Delayed National Regulatory Actions on the Number of COVID-19 Infections in the European Union and the United Kingdom'' (SSRN Scholarly Paper No ID 3625365, 10 January 2020)
Abstract: There is a noticeable difference in the amount of time it took European Union (EU) member states and the United Kingdom (UK) to enact nationwide stay-at-home orders and mandatory face mask provisions in response to the COVID-19 pandemic. Some EU member states enacted nationwide stay-at-home orders and mandatory face mask provisions shortly after the first confirmed case of COVID-19 infection within their respective jurisdiction. In contrast, other EU member states and the UK took much longer to initiate similar regulatory measures. This study’s findings indicate that there is a statistically significant difference in the number of COVID-19 infections between these two groups of countries, with a higher number of COVID-19 infections in the group of countries that took longer to enact nationwide stay-at-home orders and mandatory face mask provisions. This study's findings also show a moderate positive correlation between the number of confirmed COVID-19 infections and the lag time between the first confirmed COVID-19 infections and the issuance of nationwide stay-at-home orders and mandatory face mask provisions, respectively. The results also show a very strong positive correlation between the number of confirmed COVID-19 infections and the number of COVID-19 infection tests. A Stepwise multiple regression analysis was performed, in place of Poisson regression, due to a failure to fit. The regression results indicate that confirmed COVID-19 infections increased by 0.0454 infections each test performed, decreased by -60,017 because of mandatory face mask provisions, and increased by 1,141 each day of lag time between the first confirmed COVID-19 infections and the issuance of mandatory nationwide face mask provisions.

Vorotyntseva, Inna, Ivanna Hranina and Maryna Pysarenko, ''Comparative Legal Research on Contract Law Changes Under Covid-19 Pandemic: England, United States, Asia and Ukraine | Ius Humani. Law Journal'' (2021) 1(10) Ius Humani Law Journal 123-150
Abstract: The study aims to characterize the changes in contract law under the influence of the Covid-19 pandemic in Ukraine and the world. For this purpose, we used systemic, comparative-legal, and formal-legal methods. The paper consists of an introduction, methodology section, bibliography review, results, discussion, conclusions, and references. In the result of the study some distinctive features of changes in contract law under Covid-19 pandemic at the level of national law of Ukraine and some foreign countries were characterized and highlighted. The authors came to the conclusion that changes in contract law are typical for the countries of continental law. Instead, common law states remain resistant to changes in contract law, particularly, the force-majeure application. The reason for this lies in the specific doctrine of the common law countries, as England and the United States. These countries’ courts remain unshakable in terms of managing the contracts performance. In contrast, some Asian and European states (including Ukraine) are characterized by dynamic changes in legislation, given the pandemic situation. The paper also discusses similar institutions like hardship and frustration of purpose, which are both applicable in continental and common law countries.

Wagner, Adam, Emergency State: How We Lost Our Freedoms in the Pandemic and Why It Matters (Penguin, 2022)
Link to book page on publisher website
Book summary: This book tells the startling story of the state of emergency that brought about an Emergency State. A wake-up call from one of the UK’s leading human rights barristers, Emergency State shows us why we must never take our rights for granted.

Walklate, Sandra, Barry Godfrey and Jane Richardson, 'Changes and continuities in police responses to domestic abuse in England and Wales during the Covid-19 'lockdown'' (2022) 2(32) Policing & Society 221-233
Abstract: Covid-19 and the associated public health response directing people to stay at home and/or shelter in place generated acute awareness of, and concerns about, the likely impact on violence(s) against women across the globe. Initial reports from support services suggested that such violence increased, and that its impact was more complex. Early evidence of increased demands in relation to domestic abuse on policing was however less clear. This paper, based on findings from a larger project, offers an analysis of the initial responses to domestic abuse by the police and the courts in England and Wales during the initial pandemic lockdown of 2020. These findings are situated within wider debates concerned with the nature and impact of the current organisational structure of policing and suggests that whilst police forces responded both quickly and innovatively in order to maintain a focus on domestic abuse, their capacity to continue in this vein will be limited in the absence of wider structural and organisational change.

Walklett, Chris, 'Coronavirus and the expert witness: Valuation instructions' (2020) July(50) Family Law 909-910
Abstract: Discusses how the coronavirus pandemic has affected share valuation for the purposes of financial remedies on divorce. Considers the significance of earnings, multiples and assets.

Walsh, John, 'The dangers of digital' (2020) September() Legal Action 10-11
Abstract: Reflects on the dangers which remote hearings and the use of artificial intelligence in judicial decision-making pose for access to justice during the coronavirus pandemic.

Walters, Robert, ''Close out Netting Provisions: Their Current Value in a Time of International Uncertainty!'' (2020) 10(31) International Company and Commercial Law Review 564-595
Abstract: The world is facing significant geopolitical and economic challenges. This article explores the current value of close-out netting provisions as a result of the recent coronavirus outbreak. It examines the netting provisions of Australia, European Union, United Kingdom and the United States. The article makes the argument that as states increasingly turn inward, upholding the current international legal framework will be more important.

Walton, Peter, ‘The Lawdragon, Covid-19 and Breathing New Life into Company Rescue’ (2020) 5 Wolverhampton Law Journal 58–62
Abstract: In these desperate economic times many companies are struggling to see a way through the maze of local and national trading restrictions. Many fundamentally sound businesses have become distressed due to the stop/start nature of trading conditions. There are about 2 million SME companies in the UK. SMEs employ over half of the working population. Their problems are problems for the nation. In this article, I will explain how I have used the accumulated expertise in insolvency law and practice to help put in place a new corporate rescue innovation, based upon a tried and tested procedure, designed to help save companies (and jobs) which are struggling due to the pandemic.

Ward, Ian, ''Masks, Mingling and Magic: Gibberish Law in the Age of Covid'' (2021) () Liverpool Law Review (advance article, published online 26 October 2021)
Abstract: The experience of Covid-19 has taught us many things, not least the consequence of what John Milton termed ‘gibberish law’. Law drafted amidst the ‘throng and noises of irrational men’. The closer purpose of this article is the attempt to regulate ‘gatherings’ during the coronavirus pandemic, including the re-invention of a bespoke crime of ‘mingling’. A jurisprudential curiosity which, it will be suggested, is symptomatic of a broader malaise. An assault on the integrity of the rule of law which is only too familiar; much, it might be said, like the arrival of a pandemic. The first part of the article will revisit three particular gatherings, in part to debunk the myth of the unprecedented. But also to introduce some themes, literal and figurative, of masking and muddle. The conjuring of what Shakespeare called ‘rough magic’. The second part of the article will then take a closer look at the jurisprudential consequence of this conjuration. The final part will venture some larger concerns, about the crisis of parliamentary democracy in the ‘age of Covid’.

Ward, Ian, ''The law of bare life'' (2021) S1: Supplementary Issue on COVID-19(72) Northern Ireland Legal Quarterly 186-211
Abstract: 2020 proved to be a remarkable year. Not the least remarkable was the realisation that, in a moment of perceived crisis, the instinctive response of the UK Government was to sweep away various so-called rights and liberties which might, in a calmer moment, have been presumed fundamental, and to rule by means of executive fiat. The purpose of this article is to interrogate both the premise and the consequence. Because, on closer inspection, there is nothing at all remarkable about how the Government reacted, for the same reason that there was little that was unprecedented about the experience of COVID-19. History is full of pandemics and epidemics, and government invariably acts in the same way. The first part of this article will revisit a particular theory of governance, again proved by history; that which brings together ‘bio-politics’ and the jurisprudence of the ‘exception’. The second part of the article will then revisit a prescient moment in British history; another disease, another panicked government, another lockdown. In the third, we will reflect further on the experience of COVID-19 and wonder what might be surmised from our foray into the past.

Webster, Premila and Keith Neal, ''Covid reflections—let us talk of politicians and professors'' (2021) 1(43) Journal of Public Health 1-2
Extract: Disease experts have been issuing warnings for years but Covid-19 showed how unprepared the world was for an outbreak. The UK was among the nations with the highest death toll from the pandemic, while some countries with fewer resources did much better. Perhaps it could be salutary to reflect on some of the underlying issues and the specific challenges that may have played a part. One structural reform that took place in the last decade could be a useful starting point. The introduction of The Health and Social Care Act 20121 led to the replacement of the independent Health Protection Agency. Its long-standing experience had included dealing with local, national and global outbreaks, expertise in dealing with infectious diseases and emergency preparedness as well as the local intelligence built up over the years. The replacement body, Public Health England (PHE), became an executive agency of the Department of Health and took directions from ministers. Was the resulting loss of autonomy the reason PHE had to accede to the Government’s decision to exclude pandemic preparation from the 14 Public Health priorities for 2019–202 and prioritize Brexit-related issues?

Wee, Alicia and Mark Findlay, ''Digital Contact Tracing – An Examination of Uptake in UK and Germany'' (SMU Centre for AI & Data Governance Research Paper No 10, 01 January 2021)
Abstract: At the start of the pandemic, our research on community disquiet surrounding tracking and tracing surveillance used as COVID-19 control led us to our conclusion that a failure to engage with the public in the development and execution of the technology had a negative influence on the way it has been received. In this paper, we sought to test our view: that damaged or absent trust, relating to the technology or its sponsors (particularly governments), was key in understanding the way community disquiet constrained efficacy of the control policy. However, initial findings have demonstrated instances where trust relationships were damaged this did not always or consistently appear to deter significant rates of downloads. Conversely, initial public engagement and approval of the technology likewise did not always or consistently result in requisite uptake rates being met, for the technology to work as planned. Through our survey of the UK and German app, how trust is created and maintained is neither simple not inevitable. Externalities beyond community engagement effected trust in various ways depending on the wider socio-political control environment prevailing. What can be said of trust and engagement is that their absence, along with other influences of public permission and approval, can have an impact on how control initiatives are received by data subjects. Therefore if trust and engagement are not magic bullets for efficacy, their absence will produce disquiet and this can impact on the sustainability of pandemic control policy.

Weeks, Claire and Emma-Jane Weider, 'The Statutory Residence Test and Covid-19' (2020) 5() Private Client Business 279-284
Abstract: Discusses, with reference to the travel restrictions imposed in response to the coronavirus pandemic, the range of “exceptional circumstances” in which time spent in the UK may be disregarded for the purposes of taxation and the statutory residence test under the Finance Act 2013 Sch.45. Reviews the status of HMRC guidance related to COVID-19, and gives practical examples of the limitations of the rules and guidance.

Wetlitzky, Tobias, ''Water Under the Bridge? A Look at the Proposal for a New Chapter 16 of the Bankruptcy Code from a Comparative Law Perspective'' (2021) 2(37) Emory Bankruptcy Developments Journal 255-284
Abstract: In light of the ongoing COVID-19 pandemic, bankruptcy law will play a crucial role in addressing the consequences of the global economic shutdown. Many large corporations in the U.S. will need to undergo chapter 11 bankruptcy proceedings or may attempt to reorganize their financial debt in an out-of-court workout. However, section 316(b) of the Trust Indenture Act of 1939 has long been blamed for making out-of-court restructurings practically impossible, because it requires unanimous approval from bondholders. In 2014, the National Bankruptcy Conference presented a solution for the inefficiencies in bond workouts by proposing a streamlined debt reorganization procedure for borrowed money in a new chapter 16 of the Bankruptcy Code. This Article argues that now is time to take a new look at the 2014 proposal from a comparative law perspective. Considering the legal situation in England and Wales as well as Germany, the Article outlines a proposal for a modern workout mechanism for bond debt.

Willis, Mark, 'Tax Credits and Coronavirus' (2020) (276) Welfare Rights Bulletin 8-9
Abstract: Examines the option for claimants who are already in receipt of tax credits to remain in the tax credits system rather than claiming universal credit, and how claimants can reclaim their tax credits or challenge a decision to terminate tax credits. Notes changes to working tax credit entitlements due to the coronavirus concerning working hours and the childcare element, changes to income rules and the suspension of overpayment recovery.

Wilson, Claire, 'Manage the Risks of a Fire and Rehire Strategy' (2020) September(213) Employment Law Journal 31-37
Abstract: Highlights the risks for employers who elect to “fire and rehire” employees on new employment terms and conditions, instead of making them redundant following the expiry of the Coronavirus Job Retention Scheme. Offers advice on how employers can make changes to terms and conditions safely, and persuade employees to agree to the changes. Notes other ways in which employers might seeks to reduce costs without relying on dismissal and re-engagement.

Winlo, Camilla and Hannah Jackson, 'Additional Security Risks Arising from Home Working' (2020) July(110) Privacy Laws & Business United Kingdom Newsletter 8-9
Abstract: Highlights additional measures which employers might wish to adopt, in light of the coronavirus pandemic, to guarantee data security and privacy as employees work from home more regularly. Sets out steps which organisations can take to mitigate the risks posed by remote working. Notes the changing regulatory approach of Information Commissioner's Office.

Yeoh, Peter, 'COVID-19 legal-economic implications of a pandemic' (2020) 3(41) Business Law Review 74-84
Abstract: Assesses the impact of the COVID-19 pandemic on global and national economies, focusing on the US and the UK. Looks at legal implications, including force majeure clauses in commercial contracts, the doctrine of frustration, material adverse change clauses, and companies' reporting obligations.

Yeon, Thomas, ‘Comparative Reflections on COVID-19 Responses: Drafting, Powers, and Interpretation’ (2022) 43(2) Statute Law Review 209–226
Abstract: This article examines comparatively approaches in Hong Kong and English law on powers created by the use of subordinate legislations to combat the COVID-19 pandemic from the perspectives of legislative drafting and statutory interpretation. These powers, being wide and flexible in nature, pose a tension between two competing concerns. On the one hand, they enable law enforcement officers to be able to deal with the unique challenges posed by a public health crisis. On the other hand, they pose the potential to restrict fundamental human rights disproportionately. This article will proceed in three parts. First, the article will analyse the responsibilities of drafters in drafting subordinate legislations and the techniques therein; the discussion will be contextualized within a need for urgent public health responses to combat the pandemic. Second, the powers conferred upon law enforcement officers and restrictions on individual liberty under Hong Kong law and English law will be analysed. Third, approaches to interpreting the relevant legislations under the two jurisdictions will be examined. It will be argued that despite the need to confer wide and flexible powers to the executive to combat the pandemic, specificity of language and precision in articulating these powers remain of cardinal and overarching importance.

Yuen, Albert and Jasmine Yung, 'Covid-19 and data privacy issues in APAC and the UK: key guidance from privacy regulators' (2020) 1/2(17) Privacy Law Bulletin 26-30
Abstract: The Coronavirus disease (Covid-19) outbreak has not only caused disruptions worldwide in social, economic and political arenas, but also raises a plethora of issues in the data privacy protection arena. Government authorities and businesses around the world seek to respond to this public health emergency by using personal data and information of their employees, visitors, customers and/or suppliers, including by deploying technologies to collect individuals' health and location data to manage health and safety issues arising from the Covid-19 virus and for targeted crowd monitoring. As the increased use by health authorities and businesses/employers rise in the collection and use of personal data and health information for tracking and identifying Covid-19 carriers for public health emergency purposes, privacy discussions and concerns abound over potential personal data misuse, mishandling and a more permanent stretch of government powers for long-term privacy-intrusive monitoring even after the virus ends. At this juncture, we examine how data protection regulators in the Asia Pacific (APAC) and the UK have approached data privacy issues and guidelines in the context of Covid-19, to shed light on how privacy rights balance against the countervailing interests of public health emergency and to what extent APAC and UK data privacy laws are able to protect individuals' rights.

Zander, Michael, 'An extraordinary act of parliament' (2020) 7882(170) New Law Journal 15-16
Abstract: Outlines the speed of the legislative process of the Coronavirus Act 2020. Highlights concerns expressed in the reports of two House of Lords Select Committees, the Delegated Powers and Regulatory Reform Committee and the Constitution Committee regarding the potential effect on civil liberties of certain ministerial powers under the Act, particularly those not specifically limited to the duration of the coronavirus outbreak.

Zetzsche, Dirk A. et al, ''The COVID-19-Crisis and Company Law: Towards Virtual Shareholder Meetings'' (University of Luxembourg Faculty of Law, Economics & Finance No WPS 2020-007, 15 January 2020)
Abstract: Legislation responding to COVID-19 allows us to examine how, and to what effect, the corporate governance framework can be amended in times of crisis. Almost all leading industrialized nations have already enacted crisis legislation in the field of company law. Here, given the difficulties or indeed the impossibility of conducting in-person meetings currently, the overall trajectory of company law reforms has been to allow for digitalization.We note five fields in which legislators have been particularly active. First, the extension of filing periods for annual and quarterly reports to reflect the practical difficulties regarding the collection of numbers and the auditing of financial statements. Second, company law requires shareholders to take decisions in meetings – and these meetings were for the most part in-person gatherings. However, since the gathering of individuals in one location is now at odds with the measures being implemented to contain the virus, legislators have generally allowed for virtualonly meetings, online-only proxy voting and voting-by-mail, and granted relief to various formalities aimed at protecting shareholders (including fixed meeting and notice periods). Third, provisions requiring physical attendance of board members, including provisions on signing corporate documents, have been temporarily lifted for board matters. Fourth, parliaments have enacted changes to allow for more flexible and speedy capital measures, including the disbursement of dividends and the recapitalization of firms, having accepted that the crisis impairs a company’s equity. Fifth and finally, some countries have implemented temporary changes to insolvency law to delay companies’ petitioning for insolvency as a result of the liquidity shock prompted by the imposition of overnight lockdowns.This working paper seeks to (1) document the respective crisis legislation; (2) assist countries looking for solutions to respond rapidly and efficiently to the crisis; (3) exchange experiences of crisis measures; and (4) spur academic discussion on the extent to which the crisis legislation can function as a blueprint for general corporate governance reform. Countries considered in full or in part include Australia, Austria, Belgium, Canada, China, France, Germany, Hong Kong, India, Italy, Luxembourg, the Netherlands, Norway, Portugal, Singapore, South Korea, Spain, Switzerland, Thailand, the United Kingdom, and the United States. Readers are encouraged to highlight any inaccuracies on the part of the authors in their presentation of the respective laws, and to bring further crisis-related legislation not considered in this working draft to the attention of the authors. Moreover, readers are invited to indicate where there is room for improvement therein, and/or to signal the need for policy reform.

Uzbekistan

Aminov, Mirobbos, ‘The Legal Framework Of Public-Private Partnership And The Economic Function Of The State In The Context Of The COVID-19 Pandemic: Example Of Uzbekistan’ (2020) 7(3) European Journal of Molecular & Clinical Medicine 3930–3934
Abstract: The concept of state function is one of the most important categories in the science of the theory of state and law. Because the study of issues related to the functions of the state serves to better understand its meaning, its role in society and its social function.This article is devoted to some issues of the role and importance of public-private partnership in the implementation of the economic function of the state.

Djoldasova, Sakhipjamal, ‘Legal Regulation Of The Participation Of Non-Governmental Organizations In The Field Of Migration In Uzbekistan Within The Context Of Covid-19’ (2020) 7(3) European Journal of Molecular & Clinical Medicine 3116–3121
Abstract: The article considers the procedure for regulating the activities of private employment agencies, as participants in the migration process, analyzes the participation of civil society institutions and association of compatriots living abroad in protecting the rights and legitimate interests of citizens of Uzbekistan within the context of COVID-19, and puts forward proposals for improving legislation in this area.

Khaydarova, Umida, ‘Importance of the New Decree on Support and Promotion of Legal Education Signed During the Pandemic’ [2020] Review of Law Sciences 276–270
Abstract: In subsequent integration processes, any area in the society should remain and continue to function even after the pandemic. This is also relevant in the higher education system. The announcement of the pandemic led to the introduction of remote organization of the educational process and the creation of online classes. At the same time, the adoption by the President of a decree on the fundamental improvement of legal education and science in the Republic of Uzbekistan increased attention to education in these processes. The article discusses the significance of the decree and answers to the questions arisen in this area.

Khayitovich, Yuldashev Dzhakhongir, ‘Characteristics and Legal Regulation of Labor Migration Relations in Uzbekistan in the Conditions of Pandemic’ (2022) 2(5) International Journal of Development and Public Policy 97–99
Abstract: The problems of regulating labor migration relations are becoming increasingly important owing to the intensification of integration processes in the world and the acceleration of international relations. The total number of migrants was 3.5% of the world`s population, the bulk of which accounted for 60% of labor migrants as of January 1, 2021, in accordance with the data of the International organization for migration.

Roudik, Peter et al, ‘Freedom of Expression during COVID-19’ (Law Library of Congress Legal Report, September 2020)
Abstract: This report, prepared by the research staff of the Law Library of Congress, surveys legal acts regulating mass media and their ability to distribute information freely during the Covid-19 pandemic. The report focuses on recently introduced amendments to national legislation aimed at establishing different control measures over the media outlets, internet resources, and journalists in 20 selected countries around the world where adoption of such laws has been identified, namely: Armenia, Azerbaijan, Bangladesh, Belarus, El Salvador, India, Kazakhstan, Kenya, Kyrgyzstan, Mauritius, Moldova, Nepal, Nicaragua, Pakistan, Russia, South Africa, Sri Lanka, Tajikistan, Ukraine, and Uzbekistan.

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