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Constitutional Challenges to EU Administrative Soft Law During the COVID-19 Pandemic and Some Proposed Remedies

  • 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.

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Author:Wolfgang Weiss
Parent Title (English):Digitalisation of Administrative Law and the Pandemic-Reaction
Publisher:Cambridge Scholars Publishing
Place of publication:Newcastle upon Tyne
Editor:Russell L. Weaver, Herwig C.H. Hofmann
Document Type:Part of a Book
Year of Completion:2022
Publishing Institution:Deutsche Universität für Verwaltungswissenschaften
Release Date:2023/02/13
First Page:51
Last Page:72
Gekürzte Fassung des Beitrags in "Review of European Administrative Law" 15.2022,1
Documents ordered by chairs:Lehrstuhl für Öffentliches Recht, insbesondere Europarecht und Völkerrecht (Univ.-Prof. Dr. Wolfgang Weiß)
Licence (German):License LogoUrheberrechtlich geschützt