TY  - CHAP
U1  - Buchbeitrag
A1  - Weiss, Wolfgang
ED  - Weaver, Russell L.
ED  - Hofmann, Herwig C.H.
T1  - Constitutional Challenges to EU Administrative Soft Law During the COVID-19 Pandemic and Some Proposed Remedies
T2  - Digitalisation of Administrative Law and the Pandemic-Reaction
N2  - Wolfgang Weiss’ contribution on “Constitutional Challenges to EU Administrative Soft Law During the Covid-19 Pandemic and Some Proposed Remedies” Studies how during the Covid-19 pandemic, as EU member states struggled to deal with the pandemic, EU officials increasingly resorted to so-called “soft law” to provide guidance to member states. He concludes that, while there are benefits to using EU soft law for crisis management and domestic implementation of EU, he raises concerns regarding their challenges for democratic legitimacy and the rule of law. He contends that these challenges should be addressed by a legislative enactment that sets forth a general framework for the adoption of EU soft law, core elements of which should be stipulations of subsidiarity vis-a-vis executive rulemaking and minimum procedural, transparency and justification requirements for the adoption of Commission soft law. Their domestic effects and reviewability should be clarified as well.
Y1  - 2022
SN  - 978-1-5275-8682-6
SB  - 978-1-5275-8682-6
N1  - Gekürzte Fassung des Beitrags in "Review of European Administrative Law" 15.2022,1
SP  - 51
EP  - 72
PB  - Cambridge Scholars Publishing
CY  - Newcastle upon Tyne
ER  -