Emergency Regulations Entailing a Special Case of Norm Collision Revisiting the Constitutional Review of Special Legal Order in the Wake of the COVID-19 Pandemic

Gabor Kecso (), Boldizsar Szentgali-Toth () and Bettina Bor ()
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Gabor Kecso: Eotvos Loránd University, Faculty of Law, Budapest, Hungary
Boldizsar Szentgali-Toth: Centre for Social Sciences, Institute for Legal Studies, Budapest, Hungary
Bettina Bor: Centre for Social Sciences, Institute for Legal Studies, Budapest, Hungary

Juridical Tribune - Review of Comparative and International Law, 2024, vol. 14, issue 1, 5-26

Abstract: This contribution will interpret conflict between an emergency order and an ordinary law as a special case of norm collision and will revisit the constitutional review of such cases through this lens. First, the theoretical framework of emergencies will be taken into account, and then, based on the relevant constitutional case law of Austria, Germany, Hungary, Romania and Slovenia delivered during the recent public health emergency, a comparative analysis will investigate the most popular techniques to outline the scope of emergency regulation. Finally, based on this research, a three-step analysis will be proposed for constitutional courts to approach such issues by taking into account either the theoretical, the formal and the substantial aspects of the case. Apart from highlighting the role of constitutional review to establish the objective limits of emergency regulations, we also aim at giving additional weight on the formal and the theoretical prongs of the assessment of extraordinary state interferences, which have been consistently underestimated in our sense.

Keywords: constitutional law; norm collision; hierarchy of law; emergency; constitutional review; Covid-19 pandemic (search for similar items in EconPapers)
JEL-codes: K10 K19 (search for similar items in EconPapers)
Date: 2024
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