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Table of Contents
Cover
Title Page
Copyright
Contents
Notes on Contributors
Foreword Impacts of the Covid-19 Pandemic: International Laws, Policies, and Civil Liberties
Preface
Part 1 Countries with a Focus on the Rule of Law and Legal Protections of Civil Liberties
Chapter 1 The Netherlands: Dutch COVID-19 Policy Viewed from a Fundamental Rights Perspective
1.1 Introduction
1.2 Disaster Management in the Netherlands
1.2.1 Functional and General Chain of Command
1.2.2 The COVID-19 Crisis
1.3 The Public Health Act 2008 (Functional Chain of Command)
1.3.1 National Crisis Structure
1.3.2 Measures
1.4 Municipal Emergency Powers (General Chain of Command)
1.4.1 Areas of Tension
1.4.2 Debatable Limitations of Fundamental Rights
1.4.3 Democratic Control and Administrative Supervision
1.5 Interim COVID-19 Measures Act (Addition to the Functional Chain of Command)
1.5.1 Improvements and Shortcomings
1.5.2 Legitimate Limitation of Fundamental Rights
1.5.3 Stricter Democratic Control
1.6 National Emergency Law
1.6.1 Separate Implementation
1.6.2 Criticism
1.6.3 The Curfew Case
1.7 Conclusion
References
Chapter 2 Emergencies, Executive Power, and Ireland's Response to the Covid-19 Pandemic
2.1 Introduction
2.2 Ireland's Constitutional Emergency Framework
2.2.1 International Human Rights Law
2.3 Ireland's Pandemic Response and Constitutional Constraints
2.3.1 Pandemic Rent Controls and Constitutional Constraints
2.3.2 Executive Supremacy and the COVID-19 Pandemic
2.4 Ireland's Pandemic Response and Human Rights
2.4.1 The Pandemic and the Right to Liberty
2.4.1.1 Mandatory Hotel Quarantine
2.4.2 Quarantine and Detention at Home
2.5 Data Protection, Surveillance, and Discrimination Issues
2.5.1 Vaccination and Vaccine Passports.
2.6 COVID-19 and the Rule of Law in Ireland
2.7 Conclusions
Chapter 3 COVID-19: Legal Lessons Learned in Switzerland
3.1 Introduction
3.2 Legal Framework
3.2.1 Legal Framework before COVID-19 (Swiss Epidemics Act)
3.2.1.1 Scope and Goals
3.2.1.2 Normal, Particular, and Extraordinary Situations
3.2.1.3 Measures
3.2.2 Legal Framework Under COVID-19
3.2.2.1 First and Second Wave
3.2.2.2 Financial Aid
3.2.2.3 The Federal Council and Other Actors
3.3 Contact Tracing App
3.4 Fundamental Rights (Civil Liberties)
3.4.1 Restrictions on Daily Life
3.4.2 Vaccinations
3.5 Assessment
References
Chapter 4 Not Dead Yet: Protest, Process, and Germany's Constitutional Democracy Amid the Coronavirus Response
4.1 The First Wave: So Far, So Good
4.2 Proportionality and its Discontents
4.3 Summer in the City
4.4 Is it an Emergency Yet?
4.5 Second Guessing the Second Wave
4.6 Happily Ever After?
Chapter 5 The United Kingdom Legislative Response to Coronavirus: Shotgun or Machine Gun
5.1 Introduction
5.2 Reliance Upon Law
5.3 Nature of the Legal Framework
5.3.1 Machine Gun Legislative Response
5.3.2 Devolution and the Legislative Response
5.3.3 Overview of the Legislative Framework
5.3.4 Pre-existing Laws or New Laws
5.3.5 Use of Emergency/Urgency Powers and Procedures or Use of Regular Powers and Procedures
5.3.6 Sunset Clauses/Expiry Dates
5.4 Substance of the Legal Response
5.4.1 Restrictions on Individual Liberties
5.4.2 Travel Restrictions
5.4.3 Vaccination Policy
5.4.4 Track and Trace
5.4.5 Support Measures - Furlough Payments, no Evictions
5.5 Problems/Analysis of the Legal Response
5.5.1 Reliance upon Emergency Procedures and Processes to Make Law in a Rush
5.5.2 Lack of Effective Parliamentary Scrutiny.
5.5.3 Conflation of Law with Guidance
5.5.4 Inaccessible and Unintelligible Legislation
5.5.5 Risk of Creep of Emergency Practices into Normal Lawmaking
5.5.6 Compliance with the Rules by Those in Power
5.6 Conclusion
Part 2 Countries making Extensive use of Emergency Laws and Securitization
Chapter 6 The State of Exception and its Effects on Civil Liberties in Italy During the COVID-19 Crisis
6.1 Introduction
6.2 Defining the Elements of States of Exception (SoE)
6.2.1 States of Exception in the General Context
6.2.2 Italy
6.3 States of Exception During the Pandemic: Declaration, Implementation, and Effects
6.3.1 Establishing and Implementing the States of Exception
6.3.2 The Potential Effects of States of Exception on Civil Liberties
6.4 States of Exception and Containment Measures during the COVID-19 Pandemic in Italy: Regulatory Aspects
6.5 States of Exception and Containment Measures During the COVID-19 Pandemic in Italy: Implementation
6.6 The Effects of States of Exception Measures on Civil Liberties
6.7 Conclusions
References
Chapter 7 Praise the Alarm: Spain's Coronavirus Approach
7.1 Quien aprisa juzg̤, despacio se arrepinti̤: The Early Days of COVID and the Spanish Response
7.2 Culpa no tiene, quien hace lo que debe: The First Wave and the First Lockdown
7.3 Cada uno quiere justiciar, mas no por su casa: The Second Wave and the Second Lockdown
7.4 Con necesidad, no hay ley? States of Emergency in Spain and Beyond
7.5 Hasta que pruebes, no absuelvas ni condenes: COVID and the Law Amid Spanish Tensions
7.6 El fin veremos
hasta entonces no hablemos: Conclusion
Chapter 8 Pandemic Pangs and Fangs: Romania's Public Safety and Civil Liberties in the COVID-19 Era1.
8.1 Legal Framework and Policy Approaches Vis-°-Vis Quarantine, Isolation, and Other Social Distancing Measures
8.2 Quarantine, Isolation, and Other Social Distancing Measures During the Covid-19 Pandemic
8.2.1 From a State of Emergency amidst a Political Crisis...
8.2.2 ...To a State of Alert: Anachronistic Legislation Meets Ebbing and Flowing Restrictions
8.2.2.1 Vaccination Campaign: Needles for Fangs
8.2.3 Transparency During the Pandemic: Between Thought Police, Strategic "Mis" Communications, and Conspiracy Theories
8.2.3.1 Civil Society: A Tamed yet Clamorous Cerberus?
8.2.4 A "Plagued" Executive-Legislative-Judiciary Trifecta
8.3 Conclusion: Civil Liberties and Freedoms
Chapter 9 Policymaking and Liberty Restrictions in the Covid-19 Crisis, the Case of France
Disclaimer
9.1 Introduction
9.2 Policymaking and Liberty Restrictions in France During Covid-19 Crisis, Research Questions and Methodology
9.3 Regulation and Policymaking in France During Covid-19, Context and Background
9.4 "State of Emergency Related to the Sanitary Situation/Etat d'Urgence Sanitaire": The Recourse to an Exceptional Legal Framework
9.5 The Involvement of the Armed Forces in France in the Covid-19 Crisis Management, Between Political Display and Response to the Crisis
9.6 Perception by the French Population of the Missions Performed by the Armed Forces and of the Nature of the Covid-19 Crisis
9.7 Analyzing Local and Regional Measures of Civil Liberties's Restrictions in the Context of the "State of Emergency Related to the Sanitary Situation" (̌tat d'urgence sanitaire), the Case of the Freedom of Movement throughout the First to the Second Confinement
9.8 Legitimizing Civil Liberties Restrictions and Shaping the Governance of Policymaking, Comparison of the Two Cities of Rennes and Nice
9.9 Conclusion
References.
Part 3 Countries Focused on Population Monitoring and Restrictions
Chapter 10 Policy Measures, Information Technology, and People's Collective Behavior in Taiwan's COVID-19 Response
10.1 Introduction
10.2 A Snapshot of Taiwan
10.2.1 The Legal Framework Pertaining to Pandemic Response
10.2.1.1 Epidemic Control and Public Health Emergency
10.2.1.2 Personal Information
10.3 The Ominous Beginning of the Pandemic
10.3.1 Swift Responses Early On
10.4 Blocking Infection Importation and Local Transmission
10.4.1 Tightened Border Control
10.4.2 Rigorous Contact Tracing
10.4.2.1 Augmentation with Information Technology (IT)
10.4.3 Enforcing Quarantine - Operations and Mechanism
10.4.3.1 Provisions, Compensation, and Penalties During Quarantine
10.5 Active Participatory Role of the Public - Awareness and Preventive Behavior
10.5.1 Common Use of Masks and Response to Shortage
10.5.2 Promoting and Self-Adhering to Social Distancing
10.6 Healthcare System and Capacity
10.6.1 National Health Insurance (NHI) and Data Integration
10.6.2 Infectious Disease Control Medical Network
10.6.3 Assuring Care and Support for the Providers
10.7 The Heights of Cases, Anxiety, and Dilemmas
10.7.1 The Surge of Spring/Summer 2021
10.7.2 Amended Policies and Reflections of the Surge
10.8 Vaccine Supply, Hesitancy, and Distribution
10.8.1 Slow Delivery and Shortage of Supply
10.8.2 Vaccine Hesitancy and Demand
10.8.3 Vaccine Prioritization and Administration
10.9 Reflections and Conclusions
References
Chapter 11 The Legislative and Political Responses of Viet Nam to the Covid-19 Pandemic: The Balancing of Public Health and Collective Civil Liberties
Disclaimer
11.1 Introduction
11.2 Background: The Four Waves of Covid-19 in Viet Nam
11.2.1 The First Wave (23 January-19 April 2020).
Title Page
Copyright
Contents
Notes on Contributors
Foreword Impacts of the Covid-19 Pandemic: International Laws, Policies, and Civil Liberties
Preface
Part 1 Countries with a Focus on the Rule of Law and Legal Protections of Civil Liberties
Chapter 1 The Netherlands: Dutch COVID-19 Policy Viewed from a Fundamental Rights Perspective
1.1 Introduction
1.2 Disaster Management in the Netherlands
1.2.1 Functional and General Chain of Command
1.2.2 The COVID-19 Crisis
1.3 The Public Health Act 2008 (Functional Chain of Command)
1.3.1 National Crisis Structure
1.3.2 Measures
1.4 Municipal Emergency Powers (General Chain of Command)
1.4.1 Areas of Tension
1.4.2 Debatable Limitations of Fundamental Rights
1.4.3 Democratic Control and Administrative Supervision
1.5 Interim COVID-19 Measures Act (Addition to the Functional Chain of Command)
1.5.1 Improvements and Shortcomings
1.5.2 Legitimate Limitation of Fundamental Rights
1.5.3 Stricter Democratic Control
1.6 National Emergency Law
1.6.1 Separate Implementation
1.6.2 Criticism
1.6.3 The Curfew Case
1.7 Conclusion
References
Chapter 2 Emergencies, Executive Power, and Ireland's Response to the Covid-19 Pandemic
2.1 Introduction
2.2 Ireland's Constitutional Emergency Framework
2.2.1 International Human Rights Law
2.3 Ireland's Pandemic Response and Constitutional Constraints
2.3.1 Pandemic Rent Controls and Constitutional Constraints
2.3.2 Executive Supremacy and the COVID-19 Pandemic
2.4 Ireland's Pandemic Response and Human Rights
2.4.1 The Pandemic and the Right to Liberty
2.4.1.1 Mandatory Hotel Quarantine
2.4.2 Quarantine and Detention at Home
2.5 Data Protection, Surveillance, and Discrimination Issues
2.5.1 Vaccination and Vaccine Passports.
2.6 COVID-19 and the Rule of Law in Ireland
2.7 Conclusions
Chapter 3 COVID-19: Legal Lessons Learned in Switzerland
3.1 Introduction
3.2 Legal Framework
3.2.1 Legal Framework before COVID-19 (Swiss Epidemics Act)
3.2.1.1 Scope and Goals
3.2.1.2 Normal, Particular, and Extraordinary Situations
3.2.1.3 Measures
3.2.2 Legal Framework Under COVID-19
3.2.2.1 First and Second Wave
3.2.2.2 Financial Aid
3.2.2.3 The Federal Council and Other Actors
3.3 Contact Tracing App
3.4 Fundamental Rights (Civil Liberties)
3.4.1 Restrictions on Daily Life
3.4.2 Vaccinations
3.5 Assessment
References
Chapter 4 Not Dead Yet: Protest, Process, and Germany's Constitutional Democracy Amid the Coronavirus Response
4.1 The First Wave: So Far, So Good
4.2 Proportionality and its Discontents
4.3 Summer in the City
4.4 Is it an Emergency Yet?
4.5 Second Guessing the Second Wave
4.6 Happily Ever After?
Chapter 5 The United Kingdom Legislative Response to Coronavirus: Shotgun or Machine Gun
5.1 Introduction
5.2 Reliance Upon Law
5.3 Nature of the Legal Framework
5.3.1 Machine Gun Legislative Response
5.3.2 Devolution and the Legislative Response
5.3.3 Overview of the Legislative Framework
5.3.4 Pre-existing Laws or New Laws
5.3.5 Use of Emergency/Urgency Powers and Procedures or Use of Regular Powers and Procedures
5.3.6 Sunset Clauses/Expiry Dates
5.4 Substance of the Legal Response
5.4.1 Restrictions on Individual Liberties
5.4.2 Travel Restrictions
5.4.3 Vaccination Policy
5.4.4 Track and Trace
5.4.5 Support Measures - Furlough Payments, no Evictions
5.5 Problems/Analysis of the Legal Response
5.5.1 Reliance upon Emergency Procedures and Processes to Make Law in a Rush
5.5.2 Lack of Effective Parliamentary Scrutiny.
5.5.3 Conflation of Law with Guidance
5.5.4 Inaccessible and Unintelligible Legislation
5.5.5 Risk of Creep of Emergency Practices into Normal Lawmaking
5.5.6 Compliance with the Rules by Those in Power
5.6 Conclusion
Part 2 Countries making Extensive use of Emergency Laws and Securitization
Chapter 6 The State of Exception and its Effects on Civil Liberties in Italy During the COVID-19 Crisis
6.1 Introduction
6.2 Defining the Elements of States of Exception (SoE)
6.2.1 States of Exception in the General Context
6.2.2 Italy
6.3 States of Exception During the Pandemic: Declaration, Implementation, and Effects
6.3.1 Establishing and Implementing the States of Exception
6.3.2 The Potential Effects of States of Exception on Civil Liberties
6.4 States of Exception and Containment Measures during the COVID-19 Pandemic in Italy: Regulatory Aspects
6.5 States of Exception and Containment Measures During the COVID-19 Pandemic in Italy: Implementation
6.6 The Effects of States of Exception Measures on Civil Liberties
6.7 Conclusions
References
Chapter 7 Praise the Alarm: Spain's Coronavirus Approach
7.1 Quien aprisa juzg̤, despacio se arrepinti̤: The Early Days of COVID and the Spanish Response
7.2 Culpa no tiene, quien hace lo que debe: The First Wave and the First Lockdown
7.3 Cada uno quiere justiciar, mas no por su casa: The Second Wave and the Second Lockdown
7.4 Con necesidad, no hay ley? States of Emergency in Spain and Beyond
7.5 Hasta que pruebes, no absuelvas ni condenes: COVID and the Law Amid Spanish Tensions
7.6 El fin veremos
hasta entonces no hablemos: Conclusion
Chapter 8 Pandemic Pangs and Fangs: Romania's Public Safety and Civil Liberties in the COVID-19 Era1.
8.1 Legal Framework and Policy Approaches Vis-°-Vis Quarantine, Isolation, and Other Social Distancing Measures
8.2 Quarantine, Isolation, and Other Social Distancing Measures During the Covid-19 Pandemic
8.2.1 From a State of Emergency amidst a Political Crisis...
8.2.2 ...To a State of Alert: Anachronistic Legislation Meets Ebbing and Flowing Restrictions
8.2.2.1 Vaccination Campaign: Needles for Fangs
8.2.3 Transparency During the Pandemic: Between Thought Police, Strategic "Mis" Communications, and Conspiracy Theories
8.2.3.1 Civil Society: A Tamed yet Clamorous Cerberus?
8.2.4 A "Plagued" Executive-Legislative-Judiciary Trifecta
8.3 Conclusion: Civil Liberties and Freedoms
Chapter 9 Policymaking and Liberty Restrictions in the Covid-19 Crisis, the Case of France
Disclaimer
9.1 Introduction
9.2 Policymaking and Liberty Restrictions in France During Covid-19 Crisis, Research Questions and Methodology
9.3 Regulation and Policymaking in France During Covid-19, Context and Background
9.4 "State of Emergency Related to the Sanitary Situation/Etat d'Urgence Sanitaire": The Recourse to an Exceptional Legal Framework
9.5 The Involvement of the Armed Forces in France in the Covid-19 Crisis Management, Between Political Display and Response to the Crisis
9.6 Perception by the French Population of the Missions Performed by the Armed Forces and of the Nature of the Covid-19 Crisis
9.7 Analyzing Local and Regional Measures of Civil Liberties's Restrictions in the Context of the "State of Emergency Related to the Sanitary Situation" (̌tat d'urgence sanitaire), the Case of the Freedom of Movement throughout the First to the Second Confinement
9.8 Legitimizing Civil Liberties Restrictions and Shaping the Governance of Policymaking, Comparison of the Two Cities of Rennes and Nice
9.9 Conclusion
References.
Part 3 Countries Focused on Population Monitoring and Restrictions
Chapter 10 Policy Measures, Information Technology, and People's Collective Behavior in Taiwan's COVID-19 Response
10.1 Introduction
10.2 A Snapshot of Taiwan
10.2.1 The Legal Framework Pertaining to Pandemic Response
10.2.1.1 Epidemic Control and Public Health Emergency
10.2.1.2 Personal Information
10.3 The Ominous Beginning of the Pandemic
10.3.1 Swift Responses Early On
10.4 Blocking Infection Importation and Local Transmission
10.4.1 Tightened Border Control
10.4.2 Rigorous Contact Tracing
10.4.2.1 Augmentation with Information Technology (IT)
10.4.3 Enforcing Quarantine - Operations and Mechanism
10.4.3.1 Provisions, Compensation, and Penalties During Quarantine
10.5 Active Participatory Role of the Public - Awareness and Preventive Behavior
10.5.1 Common Use of Masks and Response to Shortage
10.5.2 Promoting and Self-Adhering to Social Distancing
10.6 Healthcare System and Capacity
10.6.1 National Health Insurance (NHI) and Data Integration
10.6.2 Infectious Disease Control Medical Network
10.6.3 Assuring Care and Support for the Providers
10.7 The Heights of Cases, Anxiety, and Dilemmas
10.7.1 The Surge of Spring/Summer 2021
10.7.2 Amended Policies and Reflections of the Surge
10.8 Vaccine Supply, Hesitancy, and Distribution
10.8.1 Slow Delivery and Shortage of Supply
10.8.2 Vaccine Hesitancy and Demand
10.8.3 Vaccine Prioritization and Administration
10.9 Reflections and Conclusions
References
Chapter 11 The Legislative and Political Responses of Viet Nam to the Covid-19 Pandemic: The Balancing of Public Health and Collective Civil Liberties
Disclaimer
11.1 Introduction
11.2 Background: The Four Waves of Covid-19 in Viet Nam
11.2.1 The First Wave (23 January-19 April 2020).