EU Law in Times of Pandemic

The EU’s Legal Response to Covid-19

edited by
Dolores Utrilla & Anjum Shabbir

98.00 EUR

Publisher: EU Law Live Press

Published: 28/06/2021

Language: English

ISBN: 978-84-123589-0-2

Item Weight: 1,04 kg

Dimensions: 25 x 18 x 3,5 cm

Format: Hardback

Extent: 436 pgs

Delivery & Returns

The COVID-19 pandemic has posed unprecedented legal challenges to the EU institutions and to the EU Member States. On the firstanniversary of the pandemic, the European legal space is immersed in a process of profound reflection and envisaging a redesign of some of its core features, reaching from fundamental principles and values such as the rule of law or solidarity, to sector specific-elements related to the Economic and Monetary Union, health and risk regulation, and State aid control.

This book looks at the EU’s legal response to the pandemic across a wide spectrum of areas of law. Structured into 35 chapters written by leading legal experts from the EU institutional and academic landscape, it offers a narrative of the evolution, scope, and spirit of the EU’s approach to a crisis like no other in the history of European integration. It thus provides for a comprehensive overview of the legal dimension of the COVID-19 crisis in the unique supranational arena of the EU that can be of interest to policy-makers, practitioners, and academics in Europe and beyond.

Dolores Utrilla is an Associate Professor of Public Law at the University of Castilla-La Mancha, Spain. She collaborates with EU Law Live as an external Assistant Editor. Previously, she served as a Legal Advisor at the Spanish Ministry of the Presidency (2018-2020), and she conducted research stays in Germany (University of Hamburg, 2010-2011), the United States (University of Georgetown, 2016), and Luxembourg (University of Luxembourg, 2017). She is a member of the Research Network on EU Administrative Law (ReNEUAL) and of the Transnational Administrative Law Network. Her main fields of expertise are (EU) Administrative Law, Public Econo-mic Law, Human Rights Law, and Multilevel constitutionalism.

Anjum Shabbir is an Assistant Editor at EU Law Live. She previously worked at an international law firm in Madrid (2019), the Court of Justice of the European Union (2016-2019), law firms in London (2014-2016), legal NGOs (2012-2013), and as a Lecturer of Law at the University of Maastricht (2010-2012). For five years she worked concurrently as an Associate and Legal Language Editor at the Maastricht Journal of European and Comparative Law (2011-2016). She has worked in and studied a wide range of EU and UK law including data protection law, intellectual property law, environmental law, tax law, competition law, employment law, extradition law, immigration law, public law and human rights law.

The book includes contributions from Andrea Baldini, Borja Barragué, Silvia Bartolini, Andrea Biondi, Enrico Bonadio, Enza Cirone, Karl Croonenborghs, Bruno Dias Pinheiro, Aleksejs Dimitrovs, Alessandra Donati, Christina Etteldorf, Diane Fromage, Jörg Gerkrath, Christos V. Gortsos, Alberto de Gregorio Merino, Giovanni De Gregorio, José Igreja Matos, Michal Kianička, Niels Kirst, David Krappitz, Guillermo Kreiman, Joana Mendes, John Morijn, Ulla Neergaard, Peter Oliver, Juan Jorge Piernas López, Oreste Pollicino, René Repasi, Stéphane de la Rosa, Anniek de Ruijter, Daniel Sarmiento, Anjum Shabbir, René Smits, Armin Steinbach, Daniel Thym, Dolores Utrilla, Sybe de Vries, Maria Weimer and Karl-Philipp Wojcik.

FOREWORD FROM THE EDITORS

CONTRIBUTORS

LIST OF ABBREVIATIONS

INTRODUCTION COVID-19: Making the Best Out of Europe
EU Law Live Editorial Board

Part I. INSTITUTIONAL LAW

CHAPTER 1. EU Institutional Law in Times of Pandemic: An Overview of Ongoing Transformations and Challenges
Dolores Utrilla

CHAPTER 2. The Next Generation EU - Are We Having a Hamiltonian Moment?
Armin Steinbach

CHAPTER 3. The Recovery Plan: Solidarity and the Living Constitution
Alberto de Gregorio Merino

CHAPTER 4. Rule of Law Conditionality in the Post-Pandemic EU Budget
John Morijn and Aleksejs Dimitrovs

CHAPTER 5. The European Instrument for Temporary Support to Mitigate Unemployment Risks in an Emergency (SURE) - an Innovative (Social) Approach to EU Financial Assistance Under the Treaty
Karl Croonenborghs

CHAPTER 6. A Dwarf in Size, but a Giant in Shifting a Paradigm - the European Instrument for Temporary Support to Mitigate Unemployment Risks (SURE)
René Repasi

CHAPTER 7. “Whatever is Necessary... Will be Done”: Time for a Less One-Sided View on Solidarity in Europe in the Shadow of COVID-19
Ulla Neergard and Sybe de Vries

CHAPTER 8. Distributing the Cake in Times of Pandemic: Weighing the Pros and Cons of the Universal Basic Income Proposal
Borja Barragué and Guillermo Kreiman

CHAPTER 9. EU Executive Discretion: Again, in Times of Emergency
Joana Mendes

CHAPTER 10. Parliamentary Oversight of the EU Economic Recovery Plan - Lessons Learned, and Which Way Forward?
Bruno Dias Pinheiro and Diane Fromage

Part II. DEMOCRACY AND RIGHTS

CHAPTER 11. How the Pandemic Led to Wide-Scale Threats to Fundamental Rights in the EU: an Overview
Anjum Shabbir

CHAPTER 12. Operationalising the Treaties to Protect Democracy in Times of Emergency
David Krappitz and Niels Kirst

CHAPTER 13. The Migration and Asylum Crisis in Times of Pandemic
Silvia Bartolini

CHAPTER 14. Effectiveness Versus Integrity - How COVID-19 is Affecting Privacy
Christina Etteldorf

CHAPTER 15. Fighting COVID-19 and Protecting Privacy Under EU Law: a Proposal Looking at the Roots of European Constitutionalism
Oreste Pollicino and Giovanni De Gregorio

CHAPTER 16. Misinformation about COVID-19: Is the European Union Well Equipped to Fight the ‘Infodemic’?
Enza Cirone

Part III. HEALTH (AND RISK) REGULATION

CHAPTER 17. The EU as a Health and Risk Regulator in the Context of the COVID-19 Pandemic - Challenges and Transformations
Dolores Utrilla

CHAPTER 18. The COVID-19 Crisis: Lessons from Risk Regulation for EU Leaders
Anniek de Ruijter and Maria Weimer

CHAPTER 19. The Coronavirus Crisis in Europe: is this the time for the Precautionary Principle?
Alessandra Donati

CHAPTER 20. Compulsory Vaccination and European Law: Balancing Opposing Principles
Dolores Utrilla

CHAPTER 21. On the Ethical Foundation of Proprietary Rights: COVID-19, Public Health, and the Limits of Patents in the European Context
Enrico Bonadio and Andrea Baldini

Part IV. BANKING, FINANCE AND EURO

CHAPTER 22. The European Central Bank’s Pandemic Bazooka: Mandate Fulfilment in Extraordinary Times
René Smits

CHAPTER 23. The EU’s Response to the COVID-19 Pandemic in the Field of EU Banking Regulation
Karl-Philipp Wojcik

CHAPTER 24. Threats to EU Financial Stability Amidst the Pandemic Crisis
Christos V. Gortsos

Part V. INTERNAL MARKET

CHAPTER 25. How the Pandemic Rocked the EU’s Internal Market: an Overview
Anjum Shabbir

CHAPTER 26. The Unexpected Resurgence of the Schengen Area
Daniel Thym

CHAPTER 27. The Reintroduction of Internal EU Border Controls: a Disproportionate, Ineffective and Illegal Instrument to Combat the Pandemic
Jörg Gerkrath

CHAPTER 28. COVID-19 and the Free Movement of Goods: Reaching for the Placebo of Protectionism
Peter Oliver

CHAPTER 29. The COVID-19 Crisis: the EU Public Procurement Legal Framework at a Crossroads
Stéphane de la Rosa

Part VI. COMPETITION AND STATE AID

CHAPTER 30. Impact of the COVID-19 Crisis in the Area of Competition and State Aid Law: an Overview
Juan Jorge Piernas and Dolores Utrilla

CHAPTER 31. State Aid in Times of Pandemic: Lessons from Recent Crises
Juan Jorge Piernas

CHAPTER 32. State Aid Control and COVID-19: a Map to the Temporary Framework
Andrea Biondi

Part VII. JUSTICE AND LITIGATION

CHAPTER 33. COVID-19 and the Union’s Courts: Struck by Lightning
Daniel Sarmiento

CHAPTER 34. Being a Judge in Times of Pandemic Crisis
José Igreja Matos

CHAPTER 35. Hearings 1.1: Remote Appearances Before the Court of Justice
Michal Kianička

TABLE OF CASES

TABLE OF LEGISLATION

TABLE OF SOFT LAW INSTRUMENTS