COVID-19 and Emergency Powers in Western European Democracies

Abstract

This chapter addresses the legal reactions of several Western European democracies to COVID-19. More specifically, the authors highlight some common trends and address several issues arising from the use of emergency powers. The chapter first offers an overview of whether and how the constitutions of selected Western European countries regulate emergency, so as to attempt a categorisation of emergency powers. Secondly, the analysis considers whether (or not) these emergency models have been applied in the fight against the pandemic caused by COVID-19. In doing so, it finds out that resort to emergency powers as written in constitutions has been unusual as a response to the pandemic, since many countries have preferred alternative strategies. The conclusion points out that a sort of ‘escape’ from pre-existing emergency powers can be observed and discusses the reasons that may lie behind this choice. Furthermore, the authors provide recommendations as to changes that might be introduced once COVID-19 is over, to improve emergency frameworks and make them suitable to face global emergencies.