13 May 2020
Japan’s Soft State of Emergency: Social Pressure Instead of Legal Penalty
People have been perplexed by the slow and soft approach of the Japanese government in their attempt to bring COVID-19 under control. The first case of COVID-19 in Japan was confirmed on 16 January 2020. On 30 January, the Japanese government set up the COVID-19 Countermeasures Headquarters. It published emergency countermeasures against COVID-19 on 13 February and presented Basic Policies for Coronavirus Disease Control on 25 February. However, none of these measures have introduced drastic measures such as border controls and/or curfews. Continue reading >>
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13 May 2020
Beyond the State of Alarm: COVID-19 in Spain
The confinements imposed by the Spanish Government in response to the pandemic are among the most intense in comparative terms since they contain a prohibition of going out into the street with only limited exceptions. Given their intensity, especially the strong limits imposed on the freedom of movement, the restrictions are rather suspensions than mere restrictions of fundamental rights and as such go beyond their legal basis of the state of alarm. Continue reading >>
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09 May 2020
Croatia’s Response to COVID-19: On Legal Form and Constitutional Safeguards in Times of Pandemic
Analysing national responses to the coronavirus, the University of Oxford study found that Croatia was the most rigorous of all the examined countries considering the actual number of infections. Overall, the Croatian response to Covid-19 might not pose an autocratic threat to the rule of law as in certain European countries. This is far, however, from suggesting there have not been significant constitutional challenges, or that we should not require an enhanced constitutional oversight over apparently quite restrictive governmental action. Continue reading >>
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08 May 2020
The Netherlands: Of Rollercoasters and Elephants
The Dutch authorities take a quasi-legal, quasi-rhetorical approach to shape their intelligent lockdown and try to tame the pandemic beast, with questionable constitutional practices as a result. While the reliance on medical and other expertise might be a welcome difference compared to some other countries, overreliance on experts in communication may hide real political and legal choices that have been made. Continue reading >>
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07 May 2020
Sweden and COVID 19: A Constitutional Perspective
The Swedish government’s ways of handling the Corona crisis have drawn a lot of international attention. Sweden has tried to limit the spread of the disease by means of recommendations, rather than quarantines and curfews. 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. Instead, the Swedish approach is to have delegations to the government, and sub-delegations to administrative agencies in a variety of statutes. Continue reading >>28 April 2020
The Downfall of a Constitutional Court
The Constitutional Court of Chile faces the worst crisis in its history. It largely stems from the way the Court has exercised its powers in recent years. A blend of judicial activism and an utter disdain for rules has seriously undermined the Court’s reputation and the current shows that the Court has probably risen in prominence for the wrong reasons. Continue reading >>
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23 April 2020
Effective but Constitutionally Dubious
Although the pandemic is far from over, Greece has been praised so far for its fast and firm response to the crisis. The country’s efforts to contain the dissemination of the virus seem to have achieved а flattening of the curve, i.e. the slowing of the spread so that fewer people need to seek treatment at any given time. Greece owes much of its – to date – accomplishment to a number of dubious applications of the rules laid down in the Constitution. Continue reading >>21 April 2020
The Constitution as a Bargaining Chip
Despite the ongoing COVID-19 pandemic, Poland’s government is refusing to announce an emergency state, presumably in order to go ahead with the Presidential election on 10 May. Instead, the ruling coalition in Poland has been presenting increasingly controversial proposals aimed at ensuring that the country’s PiS-aligned President will remain in office. The most recent one envisages a constitutional amendment which would extend the president’s term of office. This proposal is nothing but an attempt to blackmail the opposition: either vote for a constitutional change or be blamed for the consequences of holding a presidential election during the pandemic. Continue reading >>24 March 2020
Ukraine’s Presidents and the Judiciary: An Uneasy Relationship
On March 11, 2020, Ukraine’s Constitutional Court issued a decision dealing with the judicial reform of President Volodymyr Zelensky. The Court cooled down the reformist zeal of the presidential office by proclaiming major changes to the legislation on the judiciary unconstitutional. The Court’s decision strengthens judicial independence in Ukraine which is tainted with the legacy of politicization of past presidencies. Continue reading >>
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12 March 2020