Could You, Would You, Should You? Regulating Cross-Border Travel through COVID-19 Soft Law in Finland
Korkea-Aho, Emilia and Scheinin, Martin LU
(2021)
In European Journal of Risk Regulation
12(1).
p.26-44
- Abstract
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... (More)
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.
(Less)
- author
- Korkea-Aho, Emilia
and Scheinin, Martin
LU
- publishing date
- 2021-03
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Adminstrative law, Förvaltningsrätt
- in
- European Journal of Risk Regulation
- volume
- 12
- issue
- 1
- pages
- 19 pages
- publisher
- Cambridge University Press
- external identifiers
-
- scopus:85104290263
- ISSN
- 1867-299X
- DOI
- 10.1017/err.2020.112
- language
- English
- LU publication?
- no
- id
- 0c7187a5-ea8e-497b-b9be-02b1a3528ca7
- date added to LUP
- 2025-02-25 11:03:46
- date last changed
- 2025-05-06 15:59:21
@article{0c7187a5-ea8e-497b-b9be-02b1a3528ca7,
abstract = {{<p>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.</p>}},
author = {{Korkea-Aho, Emilia and Scheinin, Martin}},
issn = {{1867-299X}},
keywords = {{Adminstrative law; Förvaltningsrätt}},
language = {{eng}},
number = {{1}},
pages = {{26--44}},
publisher = {{Cambridge University Press}},
series = {{European Journal of Risk Regulation}},
title = {{Could You, Would You, Should You? Regulating Cross-Border Travel through COVID-19 Soft Law in Finland}},
url = {{http://dx.doi.org/10.1017/err.2020.112}},
doi = {{10.1017/err.2020.112}},
volume = {{12}},
year = {{2021}},
}