The Future of European Union Soft Law: A Research and Policy Agenda for the Aftermath Of COVID-19
Forthcoming, Journal of International and Comparative Law
20 Pages Posted: 1 Oct 2020 Last revised: 12 Dec 2020
Date Written: September 30, 2020
Following an analysis of selected COVID-19 emergency instruments, this paper shows that the current crisis increases the salience of both the advantages and the drawbacks of soft law instruments. It argues that now is a decisive moment for the future of the EU soft law, from the point of view of research, as well as of policy-making. It is necessary to use the opportunity offered by this crisis to clarify, without impairing flexibility, the processes through which soft law should be issued, as well as the potential effects that such instruments can have absent legally binding force.
Keywords: Soft law, COVID-19, legal effects, legitimacy, European Union
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