From the pandemic to the recovery: a legal analysi

  • Biancamaria Raganelli
  • Pierre de Gioia Carabellese
DOI: https://doi.org/10.18543/ed-69(2)-2021pp185-227
Keywords: Emergency, pandemic, recovery plan, Italy and the UE, and regional law

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.

Received: 24.11.2021
Accepted: 13.12.2021

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Author Biographies

Biancamaria Raganelli

Associate Professor of Economic Law (University of Tor Vergata —Rome) 

Pierre de Gioia Carabellese

Fellow of Advance HE (York, UK) and Professor of Business Law and Regulation (ECU, Australia)

Published
2021-12-27
How to Cite
Raganelli, Biancamaria, and Pierre de Gioia Carabellese. 2021. “From the Pandemic to the Recovery: A Legal Analysi”. Estudios De Deusto 69 (2), 185-227. https://doi.org/10.18543/ed-69(2)-2021pp185-227.
Issue
Vol. 69 No. 2 (2021)
Section
Studies

Last update: 08/02/2022

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