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EU Constitutional Order for Responding to Human Health Disasters
University of Amsterdam (UVA)
Type of Study
Qualitative research methods in combination with normative legal analysis.
The research combines qualitative research methods with a normative legal analysis, for which an innovative legal framework is developed, zooming in on the legal principles of precaution. solidarity, proportionality and the rule of law. This framework is based on a comparison of Member States constitutional provisions for emergencies, the available EU and international (WHO) law and fundamental rights. Using the empirical findings, the research will normatively assess the current law and practice, outline gaps, and propose legal improvements that may guide future changes of EU law.
Key Focus of Study
In this project the aim is to empirically map, and normatively evaluate the European constitutional order for responding to human health disasters. Today, as we have seen with Covid19, pathogens emerge more frequently and can travel faster than at any other time in history. Most Constitutions have specific rules for such emergencies. Rules that limit the possibility to use the exceptional situation to justify the unbridled exercise of public power and fundamental rights infringements. Also at international level there are specific fundamental rights instruments that limit the boundless continuation of a state of emergency. In contrast, the EU has no explicit constitutional emergency regime in place, while it is de facto and de jure, expanding its power for responding to health disasters.
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