§ 21. Slowenien

Bardutzky, Samo; Zagorc, Saša

doi:10.1515/9783110246018.661

Cited by 2 publications

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“…57 Chang and Lin (2021). 58 to be introduced with little 62 or no notice, published after they have come into force, 63 or even applied without publication at all. 64 The announcement of measures within hours of introduction or even with immediate effect left thousands-sometimes millions-stranded abroad, forced to internally migrate, 65 or queue for hours to receive a permit giving permission to commute the next day.…”

Section: Legality and Legal (Un)certaintymentioning

confidence: 99%

“…66 Measures were contradictory, and the public had to rely on governments to explain legal orders in press conferences as they were unclear on the page. 67 Such legal uncertainty undermined the efficacy of the rules designed to limit infection and transmission of the virus, but also served to undermine coordinated efforts to ensure high levels of compliance with pandemic measures.…”

Section: Legality and Legal (Un)certaintymentioning

confidence: 99%

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COVID-19, The Rule of Law and Democracy. Analysis of Legal Responses to a Global Health Crisis

Grogan

2022

Hague J Rule Law

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The COVID-19 pandemic caused a severe strain on health systems globally, while simultaneously presenting a social, economic, legal, political, and regulatory challenge. Where the efficacy of pandemic laws adopted by governments are a matter of life and death, the urgency with which action needs to be taken during a pandemic creates a law-making environment which incentivises rapid action without scrutiny and the use of power without restraint. Under such conditions, adherence to the foundational values of democracy and the rule of law come under increased pressure if not threat. The demands of emergency provide a convenient guise and means of justification for the use of power which only serves to consolidate power within the executive to the detriment of the separation of powers and weakening of the institutions of liberal democracy. This article provides a preliminary analysis on how the global health crisis has affected the state of democracy and the rule of law. While the specific examples are drawn from across the globe to highlight common trends and concerns, specific highlight is given to the EU and its Member States. It offers an outlook on how to prepare for future emergencies by building on the lessons of the current one.

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Section: Legality and Legal (Un)certaintymentioning

confidence: 99%

Section: Legality and Legal (Un)certaintymentioning

confidence: 99%

COVID-19, The Rule of Law and Democracy. Analysis of Legal Responses to a Global Health Crisis

Grogan

2022

Hague J Rule Law

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“…3a provides that legal acts adopted within the EU shall be applied in Slovenia in accordance with the legal regulation of these organisations, taking into account that it is all but in explicit wording directed at the EU. This is very broad authorisation, 139 which provides, among other things, for a complete acceptance of all the doctrines, especially those of primacy 140 and direct effect, 141 developed by the CJEU with regard to the relationship between national (constitutional) and EU law. 142 It covers both the validity and legal effects of EU law in the internal legal order, and it directs towards primary and secondary EU law as well as the CJEU's case law.…”

Section: What Is the Stance Of The Slovenian Constitutional Court On Its Competence To Review Acts Of The Eu?mentioning

confidence: 99%

The PSPP Judgment of the Bundesverfassungsgericht and the Slovenian Constitutional System

Kos

2021

CEJoCL

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The BVerfG’s judgment on the PSPP marks another important part of the EU constitutional mosaic. It was the first time that the court declared an EU act ultra vires. Intense academic commentary ensued, mostly adopting a critical attitude towards the judgment. However, a summary rejection of the underlying idea of an exceptional national constitutional review of EU acts does not seem warranted. Unconditional primacy has been disputed by different national courts for some time now, and on two occasions, national apex courts already declared EU acts ultra vires. Considering its inherent diversity, the EU should be able to accommodate legitimate national constitutional concerns. A common frame of reference, possibly provided by Art. 4(2) TEU, could facilitate such accommodation if very high standards of violation were adopted by national courts, which would also respect the principle of loyal cooperation. In this regard, EU law also marks red lines when it comes to its fundamental principles, limiting the possibility of abuse. The Slovenian Constitution introduces EU law through Art. 3a, adopted for the purpose of accession to the EU. The Slovenian Constitutional Court's case law is generally very EU-friendly, and it could be marked by cooperative vagueness, echoing the doctrines of the CJEU. A clear answer regarding the relationship between national (constitutional) law and EU law is lacking in its jurisprudence. The court explicitly left the question of absolute primacy open. The substantive preconditions for the transfer of sovereign rights in Art. 3a, namely, respect for human rights and fundamental freedoms, democracy, and the principles of the rule of law, have been interpreted in different ways in academia. However, considering the inalienable right to self-determination, in exceptional cases of serious encroachment on fundamental constitutional values, the SCC would probably adopt its version of the BVerfG’s doctrines.

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§ 21. Slowenien

Cited by 2 publications

References 0 publications

COVID-19, The Rule of Law and Democracy. Analysis of Legal Responses to a Global Health Crisis

COVID-19, The Rule of Law and Democracy. Analysis of Legal Responses to a Global Health Crisis

The PSPP Judgment of the Bundesverfassungsgericht and the Slovenian Constitutional System

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