JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW
|
2020年
/
7卷
/
02期
关键词:
soft law;
COVID-19;
legal effects;
legitimacy;
European Union;
GOVERNANCE;
DEMOCRACY;
D O I:
暂无
中图分类号:
D9 [法律];
DF [法律];
学科分类号:
0301 ;
摘要:
Following an analysis of selected COVID-19 emergency instruments, this article shows that the current crisis increases the salience of both the advantages and the drawbacks of soft law instruments. It argues that now is a decisive moment for the future of the European Union soft law, from the point of view of research, as well as of policymaking. It is necessary to use the opportunity offered by this crisis to clarify, without impairing flexibility, the processes through which soft law should be issued, as well as the potential effects that such instruments can have absent legally binding force.