The French Senate recently walked back a state of emergency provision that shielded decision-makers from criminal responsibility related to their actions during the COVID-19 crisis. Law researcher Sophie Duroy analyses the provision, its rationale, and proposes an approach to high-risk decision-making that ensures legality while safeguarding effectiveness.
The extraordinary circumstances of COVID-19 put severe limits on movement in the EU, setting up a potential conflict between air carriers and ticketed passengers who could no longer depart. Will the Commission’s guidelines on the matter help or hurt consumers? Law researcher Marc Steiert takes a look.
Legal scholar Laura M. Henderson argues that a postmodern ethics of just judgment is necessary for dealing with contemporary legal transnational challenges, such as climate change and migration. Such a mode of just judgment calls on our legal interpreter to constantly interrogate the boundaries of the law and to make decisions that preserve space for future renegotiations of those boundaries.