ABSTRACT
OBJECTIVE: This study analyzes the compatibility of the emergency legislative measures adopted between March 2020 and October 2021 by the Brazilian federal government and the precepts of the ILO to address the impacts of the Covid-19 pandemic on the labor market. METHODOLOGY: Based on a deductive approach, a comparative bibliographic and documentary analysis was carried out between the main changes imposed by the Brazilian legislation adopted in connection with the sanitary crisis and the precepts of the ILO in the official reports called "ILO Observatory: Covid-19 and the World of Work". RESULTS: As for facing the impacts of the pandemic in the labor market, it is argued that the Brazilian emergency legislation took the opposite direction of what was precepted by the ILO, revealing an option for deepening neoliberal policies of reduction or flexibilization of labor rights and social protection. © 2021 Centro Universitario FG (UNIFG). All right reserved.
ABSTRACT
This paper offers some reflections on the effectiveness of the insolvency law measures adopted in Spain during the Covid crisis and on the provision of public funding during this crisis and the repayment of the corresponding claims. The analysis shows that the insolvency measures were inherently ill-suited for achieving the policy goal of preserving businesses, and that there was a good case for the provision of public funding. However, in the Spanish case this funding came too late, and there are now significant challenges associated with restructuring these funds where they were extended by way of loan or guarantee rather than as grant. With regard to the recovery of these funds, the paper concludes that there are no good reasons to insulate the State from the restructuring of debtors' liabilities in the context of a crisis with the characteristics of the pandemic crisis. On the contrary, credit risk should also be transferred to the State—as to other creditors—, and the State will then have to assume the role of loss absorber of last resort. © 2023, T.M.C. Asser Press.
ABSTRACT
The work examines the emergency legislation adopted by the Italian legislator to regulate the fate of contracts affected by the effects of the SARS-CoV-2 pandemic. The new disposition is analyzed from a comparative perspective, comparing the regulatory solutions that other European legal systems have prepared to deal with a common global problem. The investigation into the questions that the provision presents in terms of consistency with the traditional contractual system also allows to address the debated and complex issue of the renegotiation of contracts as an alternative remedy to termination due to supervening impossibility or excessive onerousness. © 2023, Societa Editoriale Federalismi s.r.l.. All rights reserved.
ABSTRACT
To face the emergency linked to the Covid-19 virus, sports organisations have responded in different ways and this has posed problems regarding the regularity of competitions, but above all regarding the sustainability of an international competitive level, linking the various national federations. This contribution will therefore examine the immediate effects on the fate of ongoing contracts and the regular execution of the relationship, making the implementation of the negotiation bond different. We will therefore look at the provision introduced by Article 3 of Law Decree no. 6 of 23 February 2020, converted with amendments by Law no. 13 of 5 March 2020, paragraph 6 bis, with regard to sports sponsorship contracts, reconstructing the meaning of the rule, also in relation to the pre-existing disciplines, in order to then verify its compliance with the structure of interests underlying the sponsorship contracts. © 2023, Societa Editoriale Federalismi s.r.l.. All rights reserved.
ABSTRACT
The Scottish Parliament is the only devolved legislature that has passed general coronavirus-related emergency primary legislation, and it is now debating legislation that would put emergency public health powers on a permanent footing. This paper considers whether, and if so to what effect, human rights have acted as a core concern in law-making during the pandemic in Scotland to draw out lessons for future crises. The analysis reveals a mixed picture. In situations where Parliament is closely involved in scrutiny, like legislative debates, human rights concerns were surfaced and in notable ways rights operated as an effective limit on desired state action. However, much of the pandemic response was executed by means of secondary legislation, as enabled by the Coronavirus Act 2020, and there was a clear pattern of making this secondary legislation using the made affirmative procedure. This "scrutiny-lite” legislative pathway is one in which there are reduced opportunities for and compulsions towards rights-based reasoning and justification, even though as a matter of democratic legitimacy and the limitation of state power such instruments are particularly in need of robust parliamentary scrutiny. Thus, while well-embedded parliamentary processes and an apparent hospitability towards rights by the Scottish Government resulted in admirable levels of rights-based scrutiny of COVID-19 related primary legislation, this was undermined by extensive recourse to scrutiny-lite modes of delegated law-making and the Scottish Parliament's failure to subject resulting Scottish statutory instruments to meaningful scrutiny. © 2022 Thomson Reuters and Contributors.
ABSTRACT
Emergency public procurement during the COVID-19 health crisis has been a resourceful instrument to provide an immediate response to public needs by the public administrations. The States have developed different emergency legislation and measures to resolve a crisis, as both the Spanish and Mexican cases demonstrate. The implementation of an emergency public contract shows some risks such as weakness in the legal bases and emergency reasoning, a disproportionate use or a deficiency in the administrative control that can affect the legal principles related to procurement. This article demonstrates the existence of different meanings of the concept, nature, and requirements of emergency public procurement. Based on anticipatory governance, Public Administrations must be prepared to use strategic public procurement to contribute to strengthening the Rule of Law within times a context of crisis.
ABSTRACT
Emerging evidence indicates that the COVID-19 pandemic and government measures put in place in response to this have had a detrimental impact on young people's mental health. A children's human rights-based approach was taken to examine the impact of the legislative and policy measures that were implemented in Scotland in response to the pandemic on children's rights related to their mental health. Key concerns were identified around children's rights to access mental health services and information, participation in decision-making and non-discrimination of vulnerable groups. Although the analysis focussed on Scotland, recommendations to protect these rights are likely to be relevant to other countries following similar approaches as lockdown restrictions are eased, or in the event that stricter local or national measures are required again to curb rising infection rates or subsequent wave(s).
ABSTRACT
This article examines the changes made to mental health and capacity laws in Northern Ireland through temporary emergency legislation, known as the Coronavirus Act 2020. The purpose of the legislation was to respond to the emergency situation created by the COVID-19 pandemic, in particular the increase pressure placed on health services in the United Kingdom. An overview is provided of the government's rationale for the changes to Northern Ireland mental health and capacity laws, as well as exploring how they are likely to be operationalised in practice. Consideration is also given as to how such changes may impact upon existing human rights protections for persons assessed as lacking mental capacity. It is argued that it is important that regular parliamentary oversight is maintained in relation to the potential impact and consequences of such changes during the period they are in force. This should be done in order to assess whether they remain a necessary, proportionate and least restrictive response to the challenges faced in managing mental health and capacity issues in Northern Ireland during this public health emergency.