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“Could You, Would You, Should You?” Regulating Cross-Border Travel Through COVID-19 Soft Law in Finland
European Journal of Risk Regulation ( IF 1.8 ) Pub Date : 2021-02-09 , DOI: 10.1017/err.2020.112
Emilia Korkea-Aho 1 , Martin Scheinin 2
Affiliation  

In the coronavirus pandemic that has swept the world, the Finnish Government, like many of its peers, has issued policy measures to combat the virus. Many of these measures have been implemented in law, including measures taken under the Emergency Powers Act, or by ministries and regional and local authorities exercising their legal powers. However, some governmental policy measures have been implemented using non-binding guidelines and recommendations. Using border travel recommendations as a case study, this article critically evaluates governmental soft law-making. The debacle over the use of soft law to fight the pandemic in Finland revealed fundamental misunderstandings about the processes and circumstances under which instruments conceived as soft law can be issued, as well as a lack of attention to their effects from a fundamental rights perspective.

中文翻译:

“你会,你会,你会吗?” 通过芬兰的 COVID-19 软法规范跨境旅行

在席卷全球的冠状病毒大流行中,芬兰政府和许多同行一样,出台了抗击病毒的政策措施。其中许多措施已在法律上实施,包括根据《紧急权力法》采取的措施,或由各部委、地区和地方当局行使法定权力采取的措施。然而,一些政府政策措施已经使用不具约束力的指导方针和建议来实施。本文以边境旅行建议为案例研究,批判性地评估了政府的软立法。芬兰使用软法抗击疫情的惨败暴露了对可以发布被认为是软法的文书的过程和情况的根本误解,
更新日期:2021-02-09
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