COVID-19 Soft Law: Voluminous, Effective, Legitimate? A Research Agenda

• Main Author: Oana Stefan
• Format: Article
• Language: English
• Published: European Papers (www.europeanpapers.eu) 2020-06-01
• Series: European Papers
• Subjects: covid-19 and the eu; soft law; commission guidance; legal effects; legitimacy; rule of law
• Online Access: https://www.europeanpapers.eu/en/europeanforum/covid-19-soft-law-voluminous-effective-legitimate

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(1), 663-670 | European Forum Insight of 3 June 2020 | (Table of Contents) I. Advantages of soft law for crisis regulation. - II. Rule of law credentials. - III. Legal effects of COVID-19 soft law. - IV. Conclusion: the need to clarify soft law. | (Abstract) After the various recent crisis - financial, migration, Brexit, to name but a few - the mantra "the end of the EU is nigh" has somewhat become a common place. It is hardly surprising to see this repeated over and over again, while Europe got caught in the COVID-19 whirlwind - or the "eye of the storm" if you prefer more established quotes. Albeit initially a tad bit slow in mobilizing, the EU is producing measures at a competing speed. This short contribution aims at reflecting on the instruments used to achieve all these goals. And, in this regard, the conclusion is foretold, while Europe does indeed what it does best: governing through soft law. A look at selected COVID-19 emergency instruments shows that the salience of both the advantages and the drawbacks of soft law are brought to the fore by this pandemic. The current crisis should be turned into an opportunity for reform.