24 May 2020
The Rule of Law Stress Test: EU Member States’ Responses to COVID-19
By mid-March, all EU member states were in a state of emergency, whether they officially declared one or not. Across the EU many human rights were severely restricted, particularly the right to free movement. Not every state of emergency is the same, however. Some exceed what is foreseen in international human rights law. Continue reading >>
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23 May 2020
COVID-19, Constitutionalism and Emergencies under Ghana’s 1992 Fourth Republican Constitution
Ghana has adopted several measures in tackling the COVID-19 global pandemic, chief among them being the enactment of new legislation to tackle the issue, and the exercise of powers under pre-existing legislation. A formal state of emergency has not been declared in the wake of the pandemic, leading to debates, for instance regarding the impact of the current situation on the 2020 elections. Continue reading >>23 May 2020
Russia – With Scepter and Corona
Since the first cases of COVID-19 were registered in Zabaikalsky kray and Tumenskaya oblast on 31 January 2020, the Russian government has reacted to the challenge of the epidemic by enacting new legislation and introducing some emergency measures. The pandemic is bringing new and unpleasant surprises, creating specific social, economic and legal hardships which is making the unstable life of Russian citizens even worse. Continue reading >>
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23 May 2020
Wann kommt der Abschiebungsstopp?
In der COVID-19-Pandemie erweist sich die Situation Geflüchteter hierzulande wie anderswo als besonders prekär. Verschärft wird dies nicht zuletzt dadurch, dass der Zugang zu Rechtsberatung aktuell erheblich erschwert ist. Gleichwohl werden vollziehbar Ausreisepflichtige nach wie vor abgeschoben und zwar auch in Herkunftsstaaten, die ebenfalls von der Pandemie betroffen sind. Ist es an der Zeit für ein nationales Abschiebungsverbot oder wenigstens einen Abschiebungsstopp? Continue reading >>22 May 2020
States of Emergency without Rule of Law: The Case of Venezuela
Nicolás Maduro, who still holds the presidency, declared a state of alarm on March 13, 2020, invoking the need to counter the pandemic. However, the corresponding decree not only contradicts the constitutional provisions for states of exception but is also being employed to impose abusive limitations on human rights, to aggravate political repression and persecution, to blur the seriousness of certain socio-economic problems, and to contain social protests. The absence of judicial and parliamentary controls that could counteract these excesses of power has resulted in an autocratic shift within a context that was already authoritarian. Continue reading >>22 May 2020
Slovakia: Change of Government under COVID-19 Emergency
The Slovak experience with the COVID-19 pandemic has been affected by the fact that the outbreak took place at the time of a change in government. The new government, because of its relative inexperience and populist tendencies, has committed mistakes, often amounting to an infringement of citizens' fundamental rights and freedoms, especially the freedom of movement. Continue reading >>
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21 May 2020
Can Parliament Exercise Effective Control over the Emergency Legislation?
Despite the enormous delegation of power under the recent emergency legislation, the Hungarian parliament is still able to exercise parliamentary scrutiny and its constitutional prerogatives. Continue reading >>
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21 May 2020
Cameroon’s Fight Against COVID-19: An Ordinary Legal Framework for an Extraordinary Situation
Cameroon has neither resorted to the exceptional measures that its constitution provides for, nor adopted a new law for the occasion, as many other countries have done. The state has instead relied on already existing provisions, applicable in ordinary times to combat the pandemic. This speaks volumes about the “ordinary” powers of the administrative authorities. Continue reading >>
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21 May 2020
Romania in the Covid Era: Between Corona Crisis and Constitutional Crisis
In Romania, the sanitary crisis caused by the SARS-COV-2 pandemic started during an existing political crisis and overlapped, at a few crucial moments, with a constitutional crisis. The fact that 2020 is an electoral year had an important impact on the crisis management: on the one hand, the political conflicts increased, but, on the other hand, the fact that the power did not belong to the same political majority hindered potential abuses of one of the actors, especially of the President. Continue reading >>20 May 2020