Programme
Analysing constitutional risk management in the Visegrad countries; Post-Covid environment – exceptional legal orders, states of emergencies
funded by The responsiveness of the legal system in post-covid societies: risks and opportunities (project 05016764, Hungarian Academy of Sciences) and Constitutional risk management in the V4 countries (Incubator project, Centre for Social Sciences)
Seminar date: Friday, 8 September 2023
Venue: Institute for Legal Studies, Centre for Social Sciences, Tóth K. u. 4., 1097 Budapest
The workshop is open for the public.
The workshop will be about V4 national constitutional, legislative and international law environment of exceptional legal orders in the light of the experience of dealing with the Covid-19 pandemic, taking into account the following points:
- whether the related classic theories are still relevant in “post-Covid” circumstances;
- whether the level of national and international regulation is appropriate, i.e. whether it contains sufficient but limited authorisations for executive agencies;
- whether and how the restrictions on fundamental rights are justified in national and related international law (the question of derogation);
- whether the institutional guarantees to prevent abuse of exceptional power (parliamentary oversight, constitutional review, judicial protection, ombudsman, etc.) can function properly according to the effective concepts of special legal orders;
- whether and how the experience of the management of the pandemic would justify a change in the emergency legislation;
- how the Visegrad countries tackled the Covid-19 crisis;
- what is at stake with regard to separation of powers, human rights protection and the protection of the economy in the state of danger.
13.00-13.10: Opening remarks and the introduction of the theme, Fruzsina Gárdos-Orosz, (Professor of Law, ELTE Law School, CSS coordinator of the Post-Covid project)
Chair: Nóra Forgács (Research Fellow, CSS, coordinator of the Post-Covid project)
13.10-13.30: Zoltán Szente (Research Professor, CSS, PI of the Incubator project): The rule of law requirements of states of emergency
13.30-13.50: Gábor Mészáros (Associate Professor, University of Pécs): Shall we accept original theories of 'exception' in the age of permanent states of emergency?
13.50-14.10: Attila Horváth (Associate Professor, Ludovika University of Public Service): Emergency Regimes in the European Constitutions – An Overview
14.10-14.30: Discussion
14.30-15.00: Coffee break with discussion
15.00-15.20: Tomas Gabris (Professor of Law, University or Trnava – Slovak Academy of Sciences): Slovakia
15.20-15.40: Zdeněk Kühn (Professor of Law, Charles University and judge, Supreme Administrative Court): Czech Republic
15.40-16.00: Monika Florczak-Wątor (Professor of Law, Jagellonian University, Cracow): Poland
16.16.40: Discussion and cofee break
16.40-17.00: Fruzsina Gárdos-Orosz (Professor of Law, ELTE Law School, CSS) and Dr. Evelin Burján (assistant professor, ELTE Law School):
17.00-17.20: Pál Sonnevend (Professor of Law, ELTE Law School): Concepts, regulation and insights from international law
17.20-17.50: Discussion
17.50-18.00: Zoltán Szente (Research Professor, CSS) Closing remarks