Coronavirus and the Law in Europe

1. Auflage 2021
ISBN: 978-1-83970-082-8
Verlag: Intersentia Ltd

Buch, Englisch, Format (B × H): 160 mm x 240 mm, Gewicht: 1700 g

On 30 January 2020, in response to the globalisation of COVID-19, the World Health Organization declared a Public Health Emergency of International Concern. The deadly outbreak has caused unprecedented disruption to travel and trade and is raising pressing legal questions across all disciplines, which this book attempts to address.The aims of this book are twofold. First, it is intended to serve as a toolbox for domestic and European judges. They will soon be dealing with the interpretation of COVID-19-related legislation and administrative measures, as well as the disruption the pandemic has caused to society and fundamental rights.Second, it aims to assist businesses and citizens who wish to be informed about the implications of the virus in the existence, performance and enforcement of their contracts.Coronavirus and the Law in Europe is probably the largest academic publication on the impact of pandemic on the law. This academic endeavour is a joint, collaborative effort to structure the recent and ongoing legal developments into a coherent and pan-European overview on coronavirus and the law. It covers practically all European countries and legal disciplines and comprises contributions from more than 80 highly reputed European academics and practitioners.

Autoren/Hrsg.

Weitere Mitwirkende

Hondius, Ewoud

Santos Silva, Marta

Nicolussi, Andrea

Salvador Coderch, Pablo

Wendehorst, Christiane

Zoll, Fryderyk

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Recht mehrerer Jurisdiktionen, Synopsen

Inhaltsverzeichnis

PART I. COVID-19 AND FUNDAMENTAL RIGHTS. The Corona Crisis and Fundamental Rights from the Point of View of EU Law (p. 1) A General and Constitutional Outline of Italys Efforts against COVID-19 (p. 25) The Italian Constitutional Court and the Pandemic: A National and Comparative Perspective (p. 55) How Did French Administrative Judges Handle COVID-19? (p. 81) The Repressive Nature of Selected COVID-19 Regulations in the Polish Legal System: The Question of Constitutionality (p. 93) COVID-19 and its Impact on Ukrainian Criminal Law (p. 115) Who ''Own'' the Data in a Coronavirus Tracing (and/or Tracking) App? (p. 131) COVID-19 Apps and Data Protection (p. 157) PART II. STATES AGAINST THE PANDEMIC. Coronavirus and the Law in Romania (p. 183) A Lithuanian Experience of Coronavirus and the Law (p. 201) ''Corona Contract Law'' in Poland: When Pandemic Meets Politics (p. 219) Legal Measures as the Response to an Extraordinary Situation in the Slovak Republic (p. 243) COVID-19 and Russian Law: Challenge and Response (p. 263) The Impact of COVID-19 in the Portuguese Legal System: A Private Law Perspective through the Principle of Good Faith (p. 289) The Impact of the Pandemic Crisis on the Relations between the State and the Regions in Italy (p. 301) PART III. COMPENSATION FOR COVID-19 RELATED DAMAGE. Tort Law and the Coronavirus: Liability for Harm Caused by the COVID-19 Outbreak (p. 321) State Liability for Damage Caused by COVID-19 Restrictions under Polish Law (p. 343) State Liability for Personal Injuries Caused by the COVID-19 Disease under Spanish Law (p. 365) State Liability for the Management of the COVID-19 Crisis (p. 381) Coronavirus and Medical Liability: The Italian Perspective (p. 399) Hard Choices in the Pandemic and Guidelines: Ethical and Juridical Remarks on Medical Responsibility and Liability (p. 411) Mobility at the Time of the Coronavirus and Damage Caused by Vehicles Equipped with Electronic Safety Systems (p. 439) PART IV. CONTRACT LAW. COVID-19 and English Contract Law (p. 461) ''Coronavirus Contract Law'' in Scotland (p. 491) Non-Performance and the Change of Circumstances under French Law (p. 509) The Impact of the Coronavirus Crisis on the Analysis and Drafting of Contract Clauses: Force Majeure, Hardship and Deferral of Obligations (p. 527) Remarks on the Effects of the Pandemic on Long-Term Contracts (p. 553) Government Emergency Intervention in Private Contracts in Times of COVID-19: A User's Guide (p. 567) Force Majeure and Hardship in the Corona Crisis: Some Contract Law Reflection on ELI Principle no 13 (p. 603) Coronavirus' Impact on Broadcasting Rights for the Spanish Professional Football League (p. 627) Prescription and Lapse of Rights under the Spanish State of Emergency (p. 647) Parameters for Applying the Rules on Force Majeure to COVID-19 in Spain (p. 659) Portugal's COVID-19 Legislation and the Challenges Raised for the Change of Circumstances Regime (p. 677) Particular Corona Contract Law in Germany: Why Does General Contract Law not Suffice? (p. 699) Impossibility, Force Majeure and COVID-19 under Swiss and Austrian Contract Laws (p. 719) Coronavirus and its Impact on Contracts in Greece (p. 743) The Impacts of COVID-19 in Hungarian Contract Law (p. 759) Deferral of Payments under a Credit Agreement as an Extraordinary Measure Due to the Epidemic: A Slovenian Approach (p. 779) The Pandemic and Change of Circumstances in Italy (p. 793) Coronavirus, the Millennium and the Financial Crisis (p. 813) PART V. CONSUMER LAW. Spanish Consumer Law in the COVID-19 Emergency (p. 833) Consumer Law and COVID-19 in Portugal (p. 849) Digital Platforms and COVID-19 (p. 867) Towards a Renaissance of Price Control in Contract Law? Preliminary Observations on COVID-19 and Price Regulation on the Consumer Market (p. 896) Residential and Commercial Leases Amidst the Coronavirus Crisis: The Spanish Case in Context (p. 911) The Juridical Impact of COVID-19 in Portuguese Tenancy Contract Law (p. 933) Nudging Consumers Towards Sustainable Practices Regarding Plastics in a Post-COVID-19 Europe (p. 947) PART VI. LABOUR AND SOCIAL LAW. Functional and Systemic Impacts of COVID-19 on European Social Law and Social Policy (p. 973) Labour Law Measures Adopted in Response to COVID-19 in Greece (p. 989) A Portuguese Approach to Privacy in COVID-19 Times: Through the Keyhole (p. 1009) Alteration of the Contractual Equilibrium Due to COVID-19 in Employment and Civil Law Contracts under Estonian Law (p. 1027) The Italian Education System: A Chronically Ill Patient Facing the Coronavirus Pandemic (p. 1047) PART VII. CORONAVIRUS CHANGING EUROPE. A New Approach to the Legal Understanding of ''Directness'' and ''Participation'' in the Aftermath of COVID-19 (p. 1067) The Potential of the COVID-19 Crisis to Cause Legal ''Disruption'' to Contracts and Contract Law (p. 1091) Relevance of the Contractual Solidarity at the Times of Pandemics (p. 1111) Law after the COVID-19 Pandemic: The Fundamental Binomials (p. 1119)

Über Autor(innen)

Wendehorst, Christiane
Christiane Wendehorst is Full Professor of Civil Law at the University of Vienna. She is founding member and President of the European Law Institute (ELI) and chair of the Academy Council of the Austrian Academy of Sciences. She is member of the Academia Europea, the International Academy for Comparative Law, the American Law Institute as well as of the Austrian Bioethics Committee and the Executive Board of the Austrian Jurists' Forum (OJT). Prior to moving to Vienna, she held chairs in Goettingen and Greifswald and was Director of the Sino-German Institute of Legal Studies.

Santos Silva, Marta
Marta Santos Silva, PhD in Laws, is Lecturer at the Faculty of Law at Maastricht University, affi liated senior researcher at the Institute for Consumer, Competition & Market at KU Leuven and appointed Member of the Expert Group on Liability and New Technologies of the European Commission. She received the Europa Prize 2008 for notable academic achievements in several Member States of the European Union. She has been working in academic and policy pan-European projects for the harmonisation of European Private Law since 2005 and has a vast international experience in teaching and academic management.

Nicolussi, Andrea
Andrea Nicolussi is Full Professor of Civil Law at the Law Faculty of the Catholic University of Milan, where he teaches comparative private law and family law. His published works focus on unjustifi ed enrichment, contract law and tort law, as well as biolaw and family law. He has taken part in international collaborations such as the Study Group on a European Civil Code and the Eusoco project and was a member of the National Bioethics Committee.

Zoll, Fryderyk
Fryderyk Zoll is Full Professor at the Department of Civil Law at the Jagiellonian University and at the European Legal Studies Institute at the University of Osnabrueck. He received an honorary doctorate from the University of Ternopil and was honoured with the Private Law Prize at the IX St. Petersburg International Legal Forum (Shortlist, 2019) and the Medal Bene Merentibus Iustitiae (2013). He is a member of the European Law Institute and the international association for the judicial independence and world peace.

Hondius, Ewoud
Molengraaf Instituut voor Privaatrecht, Utrecht, Pays-Bas.
Professor of Civil Law, University of Utrecht.

Salvador Coderch, Pablo
Pablo Salvador Coderch is Emeritus Professor of Civil Law at the University of Pompeu Fabra, Barcelona. Renowned for his work in the field of Private Law, he is a member of the International Academy of Comparative Law, the American Law Institute, the European Law Institute and Academia de Jurisprudencia i Legislacio de Catalunya.