Legal Actions against the State: Comparative Perspectives with reference to Ireland and France

The Covid-19 crisis has turned our lives inside out. It has had a profound effect on the way we, as individuals, interact with one another and with members of our communities, and, as citizens, act in society. The crisis has also greatly impacted the way our institutions and government function. A string of emergency legislations … Continue reading Legal Actions against the State: Comparative Perspectives with reference to Ireland and France

Johannes Ungerer, ‘Coronavirus measures in private law: Comparison of moratoria in the United Kingdom and Germany’ – abstract

ABSTRACT The Coronavirus pandemic poses unprecedented challenges to private legal relations. These challenges demand that States provide measures that go beyond traditional private law responses such as force majeure, material adverse change or frustration. Enacting moratoria is among the steps which have been undertaken by the United Kingdom and Germany to provide necessary ‘breathing space’, … Continue reading Johannes Ungerer, ‘Coronavirus measures in private law: Comparison of moratoria in the United Kingdom and Germany’ – abstract

The Spanish loan debt moratorium due to COVID-19, a minimal measure

The present contribution would like to give some insight in the measures adopted by the Spanish government to tackle the economic crisis caused by the shutdown under the state of alarm, that notably include a loan debt moratorium (for a more detailed analysis see Zunzunegui, 2020). A precedent for this measure could be found in … Continue reading The Spanish loan debt moratorium due to COVID-19, a minimal measure

COVID-19, large corporations and states: Time for change?

The health crisis linked to the COVID-19 leads to an interesting opportunity from states: pushing large corporations to design a different economy built on the idea of sustainability. A health crisis that originated in Asia, COVID-19 has since become a global economic, financial and social crisis constraining states to close their borders, confine their citizens … Continue reading COVID-19, large corporations and states: Time for change?

Centralized crisis management in disintegrative federations: COVID-19 policy in Belgium

The COVID-19 pandemic raises a crucial question for federal systems: how can the government respond quickly and coordinated if powers are spread across different levels? The question becomes even more urgent in divided states with disintegrative dynamics. Such systems easily turn into what Requejo calls ‘distrust federalism’. The fundamental distrust between the entities raises extra … Continue reading Centralized crisis management in disintegrative federations: COVID-19 policy in Belgium

Far from unprecedented? The rationing of healthcare in Italy and the UK during the Covid-19 emergency: a human rights analysis

‘In each case a choice has to be made and, in making it, it is necessary to consider the needs of more than one person.’ UCL Hospitals NHS FT v MB (Rev 1) (2020) EWHC (QB) 882 There is little new to be seen within the current pandemic crisis across Europe: various human tragedies continue … Continue reading Far from unprecedented? The rationing of healthcare in Italy and the UK during the Covid-19 emergency: a human rights analysis

THE IMPORTANCE OF URGENT INTERIM ORDERS IN CONTESTING FRENCH GOVERNMENT RULES ON COVID-19

The juge des référés is, in principle, the judge of interim orders. As Art. L511-1 CJA (French administrative justice code) states, he ‘decides by means of measures which have a provisional character’. But this simple description does not give the full picture. There are decisions which are provisional – a stay of execution in a … Continue reading THE IMPORTANCE OF URGENT INTERIM ORDERS IN CONTESTING FRENCH GOVERNMENT RULES ON COVID-19

Covid-19 and the Risks of Decentralisation:Crisis Management as Central-Local Risk Management in China

The threat posed by the coronavirus crisis is a holistic one – and so must be the response to it. Covid-19 prevention and control thus should be undertaken by all levels of government: not only national and international, but also subnational local units. Even the People’s Republic of China (PRC), the world’s largest centralist and … Continue reading Covid-19 and the Risks of Decentralisation:Crisis Management as Central-Local Risk Management in China

International and pluri-disciplinary symposium

Coronavirus – Covid-19 Constitutional, political and social threats and challenges in France and the United Kingdom Hosted by: Panthéon-Assas University (Paris – France) on 27 May 2021 & Centre for British Politics and Government, King’s College (London – UK) on 10 June 2021 Co-organised by Aurélien Antoine (Jean-Monnet St Étienne University/Lyon University), Andrew Blick (King’s … Continue reading International and pluri-disciplinary symposium

Divided We Fall? – Division and Coordination in Federal Systems During a Time of Crisis

Federal systems divide power between a federal government and subsidiary state governments. One of the animating purposes of dividing power in this way is to protect individual liberty against the risk of tyranny and authoritarianism that necessarily attends the creation of a new State. In theory, it is the rivalry between federal and state governments … Continue reading Divided We Fall? – Division and Coordination in Federal Systems During a Time of Crisis