The remote voting between force majeure and procedural guarantees: EP’s leading initiative and other national examples. What changes and what remains


Abstract

In the face of a health emergency of global proportions such as the COVID-19 contagion, even the institutional bodies risk inexorably stopping. In this sense, the EP’s initiative to hold the first and historic virtual plenary session is to be welcomed. At the same time, this has been able to avoid freezing parliamentary work and to continue to guarantee the democratic participation into the legislative procedure. This does not, however, exclude some concerns that have arisen with regard to the legitimacy of the decision to vote remotely, given the state of the art of legislation. The Treaties, as well as national constitutions, do not seem to have adequate specific mechanisms to deal with the state of emergency. What is certain is that the COVID-19 outbreak has demonstrated how the opening of a constructive debate can’t be postponed anymore. The time to repair the roof is when the sun is shining.

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