Why Constitution Matters – Verfassungsrechtswissenschaft in Zeiten der Corona-Krise

Heinig, Hans Michael; Kingreen, Thorsten; Lepsius, Oliver; Möllers, Christoph; Volkmann, Uwe; Wißmann, Hinnerk

doi:10.1628/jz-2020-0290

Cited by 12 publications

(4 citation statements)

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“…16 For the first time, however, health policy at the EU level gained in importance through the Treaty of Lisbon of 2007. 17 Against the background of the differences in the health systems of the Member States and the different forms of national health protection, Art. 2 C (2) lit.…”

Section: Emergence Of An Eu Health Policymentioning

confidence: 99%

“…Such action shall cover the fight against the major health scourges, by promoting research into their causes, their transmission and their prevention, as well as health information and education." 17 Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, [2007] OJ C 306/1 (Treaty of Lisbon). 18 For an overview of the developmental steps towards an EU health policy, see Kment [26]; Pitschas [34]; von Schwanenflügel [52], p. 10 et seq.…”

Section: High Level Of Health Protection In Eu Policies and Measuresmentioning

confidence: 99%

“… 5 On the ordered restrictions of freedom due to the Covid 19 pandemic and questions of a more general constitutional discourse, see Hase [ 14 ]; Hase [ 16 ]; Heinig et al [ 17 ]; Kersten et al [ 23 ]. On the democratic legitimacy of state measures in the event of a pandemic, see Klafki [ 25 ], p. 215 et seq.…”

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confidence: 99%

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The European Health Union and the protection of public health in the European Union: Is the European Union prepared for future cross-border health threats?

Seitz

2023

ERA Forum

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The Covid 19 pandemic has cast traditional health protection issues in a new light due to their cross-border significance with far-reaching consequences for almost all areas of social life and places health protection in the European Union in a broader context that goes beyond the national consideration of necessary measures at EU Member State level. The pandemic has made it clear that the responsibility for public health remains in principle with the EU Member States and that the competences of the European Union under Article 168 TFEU are – with a few exceptions – generally limited to supporting, coordinating and assisting tasks. This article examines whether the European Union is adequately prepared for future pandemics and other cross-border health threats based on its responsibilities under the current system of competences between the EU and its Member States in the area of health policy under article 168. The article concludes with some suggestions for discussion and consideration.

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Section: Emergence Of An Eu Health Policymentioning

confidence: 99%

Section: High Level Of Health Protection In Eu Policies and Measuresmentioning

confidence: 99%

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The European Health Union and the protection of public health in the European Union: Is the European Union prepared for future cross-border health threats?

Seitz

2023

ERA Forum

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“…In The Federalist No. 70, to give but one example, Hamilton [2009Hamilton [ (1788] asserted that "Energy in the Executive is a leading character in the definition of good government." He took that truth to be self-evident: "Every man the least conversant in the Roman story, knows how often that republic was obliged to take refuge in the absolute power of a single man, under the formidable title of Dictator, as well as against the intrigues of ambitious individuals who aspired to the tyranny" (p. 354).…”

Section: "A Wide-spreading Monarchy"mentioning

confidence: 99%

Constitutional Dictatorships, from Colonialism to COVID-19

Meierhenrich

2021

Annu. Rev. Law. Soc. Sci.

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In this article, I use the concept of constitutional dictatorship as a heuristic, as a way of thinking more explicitly about constitutional violence than is customary in comparative constitutional law. Constitutional dictatorship is an epic concept. It is capable of illuminating—and retelling—epic histories of constitutional law, of alerting us to commonalities in constitutional practices of domination—and thus of violence—that would otherwise remain shrouded in legal orientalism. The analysis aspires to make constitutional law strange again. To this end, I trace nomoi and narratives of constitutional dictatorship from colonialism to the coronavirus pandemic. Arguing against emergency scripts, I relate the idea of “emergency” to the everyday and both to coloniality. Mine is a rudimentary conceptual history—a Begriffsgeschichte—of constitutional dictatorship. I think of the empirical vignettes about crisis government in the colony/postcolony on which my comparative historical analysis is based as prolegomena to a critical theory of constitutional dictatorship.

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Parliamentarism in the Pandemic: Contemporary Challenges

Merten

2022

Democracy After Covid

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Why Constitution Matters – Verfassungsrechtswissenschaft in Zeiten der Corona-Krise

Cited by 12 publications

References 0 publications

The European Health Union and the protection of public health in the European Union: Is the European Union prepared for future cross-border health threats?

The European Health Union and the protection of public health in the European Union: Is the European Union prepared for future cross-border health threats?

Constitutional Dictatorships, from Colonialism to COVID-19

Parliamentarism in the Pandemic: Contemporary Challenges

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