Coronavirus and the Law in Europe

European Union Law › Others

Coronavirus and the Law in Europe

Edited by Ewoud Hondius · Marta Santos Silva · Andrea Nicolussi · Pablo Salvador Coderch
Intersentia Publishers August 2021

Specifications

ISBN-13
9781839700828
Publisher
Intersentia Publishers
Publication
August 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

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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