States of emergency in response to the coronavirus crisis

The present study examines the normative response of the 27 European Union Member States (EU-27) during the first phase of the Covid-19 pandemic (March to mid-June 2020). Following an initial description of the theories surrounding the states of emergency and exception (Schmitt, Rossiter, Agamben, Posner and Vermeule), the authors describe the international law framework of states of emergency and of the recommendations of the Venice Commission in this respect. The analysis identifies four main normative responses (constitutional states of emergency; statutory regimes; use of special legislative powers by the executive; and ordinary legislation). The study does not focus on the specific content of the various containment measures, but rather on the normative mechanisms that led to the introduction of such measures, highlighting the main features and trends. The study also devotes particular attention to the role of national parliaments in the adoption of the various normative responses and explores the degree to which national parliaments have been involved and could exercise parliamentary oversight over the normative measures used by the executive to contain the pandemic in the EU-27.