Dealing with Uncertainties in the Pandemic : A German Perspective

Kappler, Katrin

doi:10.30709/eucrim-2021-019

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Dealing with Uncertainties in the Pandemic : A German Perspective

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Kappler, Katrin
Public Law, Max Planck Institute for the Study of Crime, Security and Law, Max Planck Society;

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https://doi.org/10.30709/eucrim-2021-019
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Citation

Kappler, K. (2021). Dealing with Uncertainties in the Pandemic: A German Perspective. Eucrim – the European Criminal Law Associations' Forum. doi:10.30709/eucrim-2021-019.

Cite as: https://hdl.handle.net/21.11116/0000-0008-DF4E-7

Abstract

The uncertainties experienced throughout the COVID-19 pandemic have posed major challenges both to the law itself and to its application. Prognostic uncertainties and gaps in knowledge about the new virus, on the one hand, and the need to act quickly, on the other, confronted the legislator and administrative courts with a challenge that could not be fully met by applying the hitherto existing Infection Protection Act. This contribution examines the legal responses to dealing with such uncertainties and illustrates them with examples of how the pandemic was handled in Germany. The focus is on aspects of legislation, followed by an analysis of the possibilities for judicial review of legislative decisions taken under uncertainty.