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.
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 240 mm
Breite: 160 mm
Dicke: 59 mm
Gewicht
ISBN-13
978-1-83970-082-8 (9781839700828)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
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)
