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Coronavirus and the Law in Europe

Coronavirus and the Law in Europe

Author: Ewoud Hondius; Marta Santos Silva; Andrea Nicolussi; Pablo Salvador Coderch
Publisher: Intersentia Publishers
ISBN: 9781839700828
Published In: August 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,835.00

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On 30 January 2020, in response to the globalisation of COVID-19, the World Health Organization declared a Public Health Emergency of International Concern. The deadly outbreak has caused unprecedented disruption to travel and trade and is raising pressing legal questions across all disciplines, which this book attempts to address.

The aims of this book are twofold. First, it is intended to serve as a “toolbox” for domestic and European judges. They will soon be dealing with the interpretation of COVID-19-related legislation and administrative measures, as well as the disruption the pandemic has caused to society and fundamental rights. Second, it aims to assist businesses and citizens who wish to be informed about the implications of the virus in the existence, performance and enforcement of their contracts.

Coronavirus and the Law in Europe is probably the largest academic publication on the impact of pandemic on the law. This academic endeavour is a joint, collaborative effort to structure the recent and ongoing legal developments into a coherent and pan-European overview on coronavirus and the law. It covers practically all European countries and legal disciplines and comprises contributions from more than 80 highly reputed European academics and practitioners.

PART I. COVID-19 AND FUNDAMENTAL RIGHTS

The Corona Crisis and Fundamental Rights from the Point of View of EU Law

A General and Constitutional Outline of Italy’s Efforts against COVID-19

The Italian Constitutional Court and the Pandemic: A National and Comparative Perspective

How Did French Administrative Judges Handle COVID-19?

The Repressive Nature of Selected COVID-19 Regulations in the Polish Legal System: The Question of Constitutionality

COVID-19 and its Impact on Ukrainian Criminal Law

Who “Owns” the Data in a Coronavirus Tracing (and/or Tracking) App?

COVID-19 Apps and Data Protection

PART II. STATES AGAINST THE PANDEMIC

Coronavirus and the Law in Romania

A Lithuanian Experience of Coronavirus and the Law

“Corona Contract Law” in Poland: When Pandemic Meets Politics

Legal Measures as the Response to an Extraordinary Situation in the Slovak Republic

COVID-19 and Russian Law: Challenge and Response

The Impact of COVID-19 in the Portuguese Legal System: A Private Law Perspective through the Principle of Good Faith

The Impact of the Pandemic Crisis on the Relations between the State and the Regions in Italy

PART III. COMPENSATION FOR COVID-19 RELATED DAMAGE

Tort Law and the Coronavirus: Liability for Harm Caused by the COVID-19 Outbreak

State Liability for Damage Caused by COVID-19 Restrictions under Polish Law

State Liability for Personal Injuries Caused by the COVID-19 Disease under Spanish Law

State Liability for the Management of the COVID-19 Crisis

Coronavirus and Medical Liability: The Italian Perspective

Hard Choices in the Pandemic and Guidelines: Ethical and Juridical Remarks on Medical Responsibility and Liability

Mobility at the Time of the Coronavirus and Damage Caused by Vehicles Equipped with Electronic Safety Systems

PART IV. CONTRACT LAW

COVID-19 and English Contract Law

“Coronavirus Contract Law” in Scotland

Non-Performance and the Change of Circumstances under French Law

The Impact of the Coronavirus Crisis on the Analysis and Drafting of Contract Clauses: Force Majeure, Hardship and Deferral of Obligations

Remarks on the Effects of the Pandemic on Long-Term Contracts

Government Emergency Intervention in Private Contracts in Times of COVID-19: A User’s Guide

Force Majeure and Hardship in the Corona Crisis: Some Contract Law Reflection on ELI Principle no 13

Coronavirus’ Impact on Broadcasting Rights for the Spanish Professional Football League

Prescription and Lapse of Rights under the Spanish State of Emergency

Parameters for Applying the Rules on Force Majeure to COVID-19 in Spain

Portugal’s COVID-19 Legislation and the Challenges Raised for the Change of Circumstances Regime

Particular Corona Contract Law in Germany: Why Does General Contract Law not Suffice?

Impossibility, Force Majeure and COVID-19 under Swiss and Austrian Contract Laws

Coronavirus and its Impact on Contracts in Greece

The Impacts of COVID-19 in Hungarian Contract Law

Deferral of Payments under a Credit Agreement as an Extraordinary Measure Due to the Epidemic: A Slovenian Approach

The Pandemic and Change of Circumstances in Italy

Coronavirus, the Millennium and the Financial Crisis

PART V. CONSUMER LAW

Spanish Consumer Law in the COVID-19 Emergency

Consumer Law and COVID-19 in Portugal

Digital Platforms and COVID-19

Towards a Renaissance of Price Control in Contract Law? Preliminary Observations on COVID-19 and Price Regulation on the Consumer Market

Residential and Commercial Leases Amidst the Coronavirus Crisis: The Spanish Case in Context

The Juridical Impact of COVID-19 in Portuguese Tenancy Contract Law

Nudging Consumers Towards Sustainable Practices Regarding Plastics in a Post-COVID-19 Europe

PART VI. LABOUR AND SOCIAL LAW

Functional and Systemic Impacts of COVID-19 on European Social Law and Social Policy

Labour Law Measures Adopted in Response to COVID-19 in Greece

A Portuguese Approach to Privacy in COVID-19 Times: Through the Keyhole

Alteration of the Contractual Equilibrium Due to COVID-19 in Employment and Civil Law Contracts under Estonian Law (p.

1027)

The Italian Education System: A Chronically Ill Patient Facing the Coronavirus Pandemic

PART VII. CORONAVIRUS CHANGING EUROPE

A New Approach to the Legal Understanding of “Directness” and “Participation” in the Aftermath of COVID-19

The Potential of the COVID-19 Crisis to Cause Legal “Disruption” to Contracts and Contract Law

Relevance of the Contractual Solidarity at the Times of Pandemics

Law after the COVID-19 Pandemic: The Fundamental Binomials

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