Abstract
Greece emerged as the EU's poster child in the fight against COVID-19 during the first few months of the pandemic. In this contribution, we assess Greece's use of soft regulation in its regulatory response to COVID-19. Using "acts of legislative content", which can be broadly conceptualised as softly adopted hard law, the Greek government largely achieved flexibility and simplified adoption procedures without having to resort to soft law per se. The role of soft law was limited - it complemented hard law rather than constituting the primary basis of COVID-19 restrictions - but not completely negligible. Soft law instruments regulated the processing of personal data, and was also pivotal in clarifying the criminal sanctioning of COVID-related rule violations. Greece's success in handling the first wave of the pandemic, while effective, was arguably unfair to asylum seekers who saw their right to apply for asylum curtailed, and their right to freedom of movement restricted when limitations on the rest of the population were lifted. With a second wave of infections currently in full swing, it is imperative to keep scrutinising regulatory responses to ensure that they place the health and dignity of every individual (whoever they might be) at their core and fully respect their fundamental rights.
Highlights
Greece emerged as the EU’s poster child in the fight against COVID-19 during the first months of the pandemic
Using “acts of legislative content”, which can be broadly conceptualised as softly adopted hard law, the Greek government largely achieved flexibility and simplified adoption procedures without having to resort to soft law per se
This work was undertaken in the framework of the Jean Monnet Network on “Migration and Asylum Policies Systems” (MAPS)
Summary
Greece emerged as the EU’s poster child in the fight against COVID-19 during the first months of the pandemic. The effectiveness of the measures does not place them beyond scrutiny In this contribution, we provide a holistic and nuanced assessment of Greece’s regulatory response to the pandemic, focusing on the role of soft law. We conclude with critical remarks on Greece’s regulatory approach and its use of soft law, as well as related perspectives in view of the increasing risks COVID-19 poses to Greek society. Scrutinising the Role of Soft Law in Greece’s Response to COVID-19 scientific approach, we are proponents of a timely scientific scrutiny of states’ regulatory architecture in responding to COVID-19, bearing in mind its impact on individuals’ fundamental rights, including the state of exceptionality facing particular societal groups, and the enduring nature of the pandemic
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