The 2. COVID-19 Act and more: The current legislation at a glance
In week 2 of the crisis, the legislator passed the
2. COVID-19 Act: once again at a rapid pace, and this time as a legislative piece covering amendments to 39 laws and five new laws. Many legal questions remain unsolved. Not all wishes can be accomodated, not all concerns addressed. Not each and every business owner will receive support from the crisis funds immediately and at the desired level. At least the first tranche of the Hardship Fund should be paid out soon (applications can already be filed, if the website of the WKÖ is not crashing).
Times of crisis require balanced acts by government. How much freedom of economy should / may / must remain? Are the instruments of combating the Corona virus suitable and reasonable within the framework of fundamental rights, i.e. in the interest of protecting human beings, and are they proportionate to the intrusion into privacy and the fundamental freedoms in private and professional life? Veritable “tension” is in the – now less polluted – air. Conflicting fundamental rights stand face to face (pars pro toto: curfews but exceptions for professional activities? Use of “big data” to monitor restrictions of free movement?).
The European Commission finds itself in a surprisingly modest role. Shortly after the first 100 days of the new College of Commissioners, the Corona virus strikes, first in Italy and then - you know the story. And suddenly the national governments take control again. In global pandemic times, public order and security are back en vogue. Global crises with national responses. Not exclusively - the European institutions are also offering assistance (e.g. financial resources and rapid EU state aid decisions). At the same time, the European Commission warns the Member States to screen foreign direct investment (FDI) more closely. Europe must, according to the Commission, protect its security and economic sovereignty in a crisis. This must apply, in particular, to the protection of public health. A widely open EU market for FDI is "subject to conditions" (quote: Ursula von der Leyen).
And the lawyers at Binder Grösswang? Still in home office, fully committed to you. With many legal questions on the topic No. 1. And - as usual - we continuously share relevant information on our website and on social media.
Please note: This blog merely provides general information and does not constitute legal advice of any kind from Binder Grösswang Rechtsanwälte GmbH. The blog cannot replace individual legal consultation. Binder Grösswang Rechtsanwälte GmbH assumes no liability whatsoever for the content and correctness of the blog.