Articles for tag: Ausnahmezustand, COVID-19, Verfassungsrecht

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.

21. Mai 2020

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Czechs and Balances – If the Epidemiological Situation Allows…

In the Czech Republic, the COVID-19 crisis has brought not only a general state of chaos but also a considerable shift of powers to the executive branch. The first shift, impairing the legislative branch, was triggered by the declaration of a state of emergency on 12 March 2020. The second shift, diminishing also the role of the judiciary, was caused by a ruling in which the Constitutional showed its unwillingness to interfere with the government’s steps.

20. Mai 2020

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The State of Denial Amidst a Military Parade: COVID-19 in Belarus

In contrast to the ‘illiberal democracies’ of Hungary and Poland, Belarus in its response to COVID-19 appears to be playing the role of a perfectly ‘liberal’ state with almost a laissez-faire solution, where people’s choice is prioritized and rights are respected as no severe measures are introduced to close businesses or restrict free movement. This image is inevitably misleading, as democratic institutions in Belarus have been brought to heel long ago, and alternative information about the state of affairs in Belarus regarding the virus remains suppressed.

20. Mai 2020

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Lockdown v. Liberty

All around the world, countries have been imposing lockdowns to try to contain the spread of the deadly coronavirus, COVID-19. These lockdowns have severely restricted people’s movement and interaction with family members; they have had a drastic effect on social lives and religious worship; they have directly caused the loss of many jobs and they have plunged the world into a severe economic depression that will take a long time to recover from. Do we accept these restrictions because we do not believe in freedom anymore? Or do we believe that these restrictions do not really disrespect the essence of our freedom?

20. Mai 2020

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Chile and COVID-19: A Constitutional Authoritarian Temptation

Due to the pandemic, Chile's 2020 electoral calendar has been modified, delaying the most important political event of the year: the April referendum for a new constitution. While the postponement is reasonable considering the current sanitary situation, recent suggestions that there be a further postponement due to a possible post-pandemic economic crisis threaten the democratic legitimacy of the process. As argued in this post, these measures and opinions, when read together, put the government close to an authoritarian use of the constitution.

19. Mai 2020

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Emergency Law Amendments to Fight Covid-19 in Egypt: Putting the Poison in the Honey

One could learn a very important lesson from the Egyptian experience as it relates to the state of emergency: A good constitutional text alone is not enough. Although new amendments to the Emergency Law included several public health measures that allow the state to contain the impact of the spread of COVID-19, the absence of a parliamentary and judicial review will remain a huge threat to fundamental rights and the basics of the democratic rule-making.

19. Mai 2020

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Constitutional Impasse in Ethiopia

Covid-19 makes elections hard to hold – and forced Ethiopia to reschedule its general election for the House of Representatives. It is unclear how and when the election will be held instead – a pressing issue as the canceled election was to take place only a month before the current term of office ends. Who will have the mandate to govern after this date until the Ethiopians are able to go to the polls to elect the next House of Representatives?

18. Mai 2020

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Fight Against Covid-19 in Serbia: Saving the Nation or Securing the Re-Election?

The Covid-19 epidemic outbreak in Serbia coincided with the beginning of the election campaign for both parliamentary and municipal elections. Soon, it became clear that what was at stake in the fight against Covid-19 was not so much saving the nation as securing the majority re-election of the ruling Serbian Progressive Party, headed by its populist leader and President of Serbia, Aleksandar Vučić.

18. Mai 2020

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