Full Description
How should EU law respond to emergencies? More specifically, to what degree can fundamental rights be suspended in order to respond to an unprecedented crises?
These questions are at the core of this open access book, asked initially in response to COVID-19 and its resulting restrictions but then as a more general conceptual examination. It looks at the question over five parts; opening with two general aspects: constitutional law and governance. It then takes a more applied approach, looking at three case studies: migration, climate change, and, of course, the COVID-19 pandemic. Fascinating, insightful and considered, it ensures lessons can be learnt.
The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network.
Contents
Part One: Constitutional Challenges
1. Emergencies and Constitutional Dilemmas in EU Law, Sanja Bogojevic (University of Oxford, UK) and Annika Consiglio (Lund University, Sweden)
2. Crisis is the 'New Black': The Constitutional Implications of The Proliferating Talk of 'Crises' in Politics, Helle Krunke (University of Copenhagen, Denmark)
3. Emergency in Constitutional Proportionality Review: The Freedom of Judges and Its Limits in Europe, Laurianne Allezard (Lund University, Sweden)
Part Two: Governance
4. Rethinking the EU Emergency Law: Towards a General Supranational Emergency Clause?, Federico Casolari and Anna Pau (University of Bologna, Italy)
5. The Emergency Models of the Nordic Countries: Four Peas in a Pod?, Anna Zemskova (Lund University, Sweden)
6. Scaffolding an Era of Emergencies: Lessons from Canada's Emergencies Act, Jocelyn Stacey (University of British Colombia, Canada)
Part Three: Migration
7. The Constitutional Implications of Emergency Measures in European Migration and Asylum Law, Salvatore Nicolosi (Utrecht University, the Netherlands)
8. Economic Emergencies and EU Migration Law: A Blast from the Past, Alezini Loxa (Lund University, Sweden)
9. Legal Sources in Times of 'Crisis': How Sweden's Migration Courts Responded to the 2016 Temporary Migration Law, Lovisa Häckner Posse (Södertörn University, Sweden)
Part Four: Climate Change
10. Who Decides, and How, When Things Fall Apart? Climate Emergency, Public Participation and The Role of EU Law, Chiara Armeni (Université de Bruxelles, Belgium)
11. Climate Emergency, Vulnerability and Justice: The Ambivalent Dynamic of the European Green Deal, Nathalie Herve-Fournereau (University of Rennes, France)
Part Five: COVID-19 Pandemic
12. Discretion in the Context of the Covid-19 Pandemic and EU/EEA law: A Study of the Precautionary and Proportionality Principles in Emergency Situations, Xavier Groussot (Lund University, Sweden) and Katharina Girbinger (Oberlandsgericht München, Germany)
13. The Covid-19 Pandemic and Parliamentary Oversight in Finland, Tuukka Brunila, Janne Salminen and Mehrnoosh Farzamfar (University of Turku, Finland)
14. Review of Covid-19 Measures by the European Court of Human Rights: How to Avoid the 'Fair', the 'Balance' and 'the Fair Balance', Vladislava Stoyanova (Lund University, Sweden)
