Republican Theory and the EU: Emergency Laws and Constitutional Challenges

Abstract

The COVID-19 pandemic has raised many intriguing questions both in the EU and globally, from the critical task of safeguarding lives to technical legal issues about competences to regulate health as well as the boundaries of emergency laws. This paper is interested in the connection between non-domination theory and the EU’s constitutional structure in the context of emergency laws. A key theme of the paper is that risk and emergencies are nothing new in an EU context, but concepts used by the legislator in a wide range of policy areas which give rise to a number of constitutional challenges. The paper sketches out the main characteristics of non-domination and republication theory and addresses the question of how and why the notion of non-domination may be useful for understanding the EU constitutionalism venture in the framework of risk and emergency laws.

The Future of the SDGs: A Comparative Constitutional Rescue Plan?

“…204 As Herlin-Karnell contends, sustainability serves as a framework for promoting dignity by ensuring that individuals have access to essential resources, such as clean air, water, and food, which are necessary for a dignified existence. 205 By prioritising sustainability in legal and policy decisions, governments can uphold the dignity of their citizens by safeguarding their basic needs and protecting their fundamental rights. 206 Environmental protection: Apart from Australia, all the constitutions discussed recognise, in one form or another, environmental rights and mandate sustainable development, aligning with SDG goals 13-15.…”