Măsurile excepționale în „războiul“ antiviral și problema responsabilității autorităților
Abstract
The paper aims to outline the vulnerabilities and major dangers posed by “exceptional“ measures in the current context of the pandemic from the perspective of “distribution of competences“ and the legal and moral responsibility of the authorities. The assumption of this paper is that in regimes with “exceptional“ measures there is (a) the risk of authoritarianism of executives in conditions of restricted role (supervision and control) of parliaments and the judiciary, civil society and the media, manifested as risk of misuse and mismanagement of COVID-19 funding and of increasing corruption in the spending of public funds; (b) the risk that the authorities will not take responsibility for “emergency“ decisions related or not to the pandemic, avoiding the verification of the legality and proportionality of the measures. ... Citește mai mult
The paper aims to outline the vulnerabilities and major dangers posed by “exceptional“ measures in the current context of the pandemic from the perspective of “distribution of competences“ and the legal and moral responsibility of the authorities. The assumption of this paper is that in regimes with “exceptional“ measures there is (a) the risk of authoritarianism of executives in conditions of restricted role (supervision and control) of parliaments and the judiciary, civil society and the media, manifested as risk of misuse and mismanagement of COVID-19 funding and of increasing corruption in the spending of public funds; (b) the risk that the authorities will not take responsibility for “emergency“ decisions related or not to the pandemic, avoiding the verification of the legality and proportionality of the measures. ... Citește mai mult