27 February 2024 | Caroline Böck and Matthias C. Kettemann
Navigating the Constitutional Balance of Power in Post-Pandemic Europe
As the world emerges from the throes of the COVID-19 pandemic, the long-term ramifications on socio-economic structures and democratic governance continue to unfold. We need to explore the pandemic’s profound and possibly enduring impact on constitutional checks and balances, particularly within the European Union.
The COVID-19 pandemic has been an unprecedented event, presenting challenges that pushed healthcare systems to their limits and beyond, reshaping economies, and, perhaps most importantly, testing democratic governance. While the immediate health crisis has receded, the socio-economic after-effects linger, compelling a reassessment of resilience and preparedness in our democratic institutions.
As nations struggled to balance public health with economic vitality, rapid and far-reaching decisions were made – often by executive branches, and sometimes at the expense of fundamental rights and the principle of separation of powers.
In the research paper The pandemic’s comparative impact on constitutional checks and balances within the EU, we assess whether these emergency measures have led to a recalibration of the constitutional equilibrium in European democracies, or if a reversion to the status quo ante is observable.
Our research employs a comparative approach, examining the shifts in governance at multiple levels—international, national, and sub-national—within EU member states, with parallel observations from the US response. Through qualitative analysis of legislative and executive actions, the paper explores the implications of pandemic-induced governance on democratic oversight.
Democracy under pressure
The pandemic has catalyzed a centralization of authority at the national level, often to the detriment of international and sub-national governance structures. This dynamic has ignited concerns over the erosion of democratic principles and heightened the need for robust parliamentary scrutiny and review processes.
In the EU, the crisis exposed a deficiency in competencies regarding health policies and a pervasive inclination towards national self-interest over collective European solidarity, which stymied the potential for cohesive action. This was contrasted by the pressure felt by sub-national entities under the central governments’ directives, with varying consequences for federal structures across different nations.
A notable backlash against multi-level governance emerged, prompting a renaissance of national-level decision-making and a decline in democratic practices at other governance levels. The crisis has underscored the indispensable role of cooperative federalism and international collaboration in addressing such global challenges, laying bare the inadequacies of a purely nation-state-centric approach.
European democracies faced a formidable test as the pandemic exacerbated pre-existing tensions wrought by populism, illiberalism, and authoritarian tendencies. Although a centralization of power in governmental hands was deemed necessary, this often led to disproportionate infringements on the separation of powers. The pandemic laid bare a lack of preparedness in maintaining democratic processes during emergencies, with an overemphasis on empowering governments rather than bolstering parliamentary participation and safeguarding civil liberties.
Our research concludes that health crises with the magnitude of COVID-19 necessitate a global response. The imperative for future policy-making at all levels is to aim for a resolution of health crises on a global scale to protect the lives and well-being of the world’s populace, achievable through enhanced international cooperation and solidarity. Our comprehensive list of policy recommendations provides a blueprint for a more resilient approach to crisis management, rooted in democratic governance and collaborative statecraft.
This article highlights some of the findings in the REGROUP paper The pandemic’s comparative impact on constitutional checks and balances within the EU.
