01 May 2020
The Fight Against COVID-19 in Argentina: Executive vs Legislative Branch
Argentina’s government has been adopting numerous and significant decisions in the face of the coronavirus (COVID-19) crisis. But: Almost all the relevant decisions adopted by the Executive Branch were decisions that belonged to the Legislative Branch: Congress is the only authority legally authorized to adopt them. In other words, the Executive Power is not authorized to do what it has been doing so far. Continue reading >>
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01 May 2020
With Tragedy Comes Farce
The Italian Prime Minister has recently adopted the the so-called ‘Step 2’ measures. They aim to prudently alleviate the severe limitations on personal liberty imposed so far, but result in obvious uncertainty as for what exactly is forbidden – which adds to their slender ties with parliamentary legislation in exposing the legitimacy deficit of the overall crisis discipline. Particularly, the notion of ‘congiunto’ as a person that one can go visit is likely to cause tragicomic, yet remarkable, turmoil. Continue reading >>
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30 April 2020
Concentration of Powers in the Federal Executive: The Application of Emergency Powers in Switzerland
Were we ready for the crisis? I do not mean whether Switzerland had enough hospital beds and ventilators, but whether its Federal Constitution was ready. Arguably, the former are vital, and as regards the latter, Switzerland is under no suspicion of losing its quality as a democracy and a Rechtsstaat. Still, the constitutional questions raised by the Corona crisis are troubling. The federal government is applying emergency powers unheard of since WW2, and which were previously unimaginable for most. Legal scholars are only starting to grapple the full implications of the crisis. Continue reading >>
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30 April 2020
Gleichheit vor der Triage
Da es derzeit keine konkreten gesetzlichen Vorgaben für die Priorisierung in der Intensivmedizin im Pandemiefall gibt, versuchen medizinische Fachgesellschaften und wissenschaftliche Akademien durch Empfehlungen zur „Triage“ von COVID-19-Patient/innen in der Intensivmedizin Orientierungssicherheit zu schaffen. Dass die Allokation knapper Gesundheitsressourcen nicht im rechtsfreien Raum erfolgt, ist eine Erkenntnis, die sich im Kontext der Organtransplantation nach heftigen Kontroversen zwischen Medizin und Recht inzwischen allgemein durchgesetzt hat. Continue reading >>30 April 2020
A Tale of Two: The COVID-19 Pandemic and the Rule of Law in Cyprus
Once the first case of COVID-19 was reported on 9 March 2020, the Republic of Cyprus introduced emergency measures to contain the spread of the virus, as per the powers granted under the Constitution in the event of emergency. Following scientific advice, the Cypriot Government responded quickly by limiting temporarily personal freedoms guaranteed by the Constitution, disrupting once again the constitutional legal order. Continue reading >>
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29 April 2020
With Exclusive Competence Comes Great Responsibility
The European Commission supports the Covid-19 crisis-fighting measures through generous exemptions to its EU state aid rules. Although in principle justified, this policy also gives companies in rich member states an immense advantage over their competitors in poorer member states. Until more effective burden-sharing on the EU level is forthcoming, the onus is on European Commissioner for Competition Margrethe Vestager to ensure a fair distribution of state aid between the member states. Continue reading >>29 April 2020
The Protection of Health Must Take Precedence: Testing the Constitutional State of Crisis in Luxembourg
In times of neoliberalism, it is healthy hearing the Prime Minister Xavier Bettel of Luxembourg say that “the protection of health and life takes precedence over economic interests”. But this declaration came in the context of the recourse to extraordinary emergency powers, on the day before the Government declared the “state of crisis” to face the Coronavirus situation. In Luxembourg, this tool to regulate emergencies has progressively found its path into the Constitution while elsewhere in Europe philosophers or public law professors argued that a constitutional state of emergency entails the paradox of “constitutionalising the absence of constitution”. It is therefore important to reflect on the effects of the conjugation of these two discourses into the sanitary crisis and their effect on democracy and human rights protection. Continue reading >>
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28 April 2020
Cracks in India’s Constitutional Framework
India's constitutional system was conceptualized to share power (although not equally) between the Union and the 29 states alongside an institutionally grounded system of checks and balances between the parliament, the executive and the judiciary. As the world’s largest democracy proceeds into the sixth week of the nation-wide lockdown to address the outbreak of Covid-19, certain cracks in its constitutional framework have been exacerbated that have the potential to structurally alter the constitutional framework of checks and balances in the aftermath of the pandemic. Continue reading >>
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28 April 2020
Challenges Beyond Public Health – Guatemala and the Covid-19 Crisis
Due to its violent past of a 36 year-long internal armed conflict and the scourge of corruption, the COVID-19 pandemic presents to Guatemala great challenges that goes beyond ensuring healthcare to its population. The excessive use of imprisonment in the enforcement of sanitary measures, the protection of detained persons, ensuring the effective implementation of financial assistance programs, achieving accountability of public servants during the crisis, and the reactivation of the judiciary are some of the issues that demands a proper answer from the Guatemalan state. This post analyzes the “emergency state” implemented in Guatemala and presents some of the measures and effects related to the current crisis. Continue reading >>28 April 2020
Austria: Rule of Law Lacking in Times of Crisis
As the number of infected persons is declining and the overall situation gradually improving, it becomes clear that the measures have proved to be effective from a public health perspective. However, in light of the general retreat of the virus the upholding of many measures also becomes contestable now regarding their proportionality. With the improvement of the public health issues, the challenge for the rule of law has begun. Will the government be able to restrain itself and find a way back to constitutional normality? Continue reading >>
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