Policy paper N°295

Regulating European emergency powers: towards a state of emergency of the European Union

By Julia Fernández Arribas

Winner of the 2023 Jacques Delors Prize for the best thesis on a subject relating to European integration

| 23/01/2024

The aim of this policy paper is threefold. First, it seeks to demonstrate that the lack of a comprehensive European emergency framework has incentivised the surge of ‘creative institutional practices’. To avoid the inherent perils of these practices, it suggests regulating the emergency powers of the European Union. Secondly, this paper aims to examine the available models for designing emergency frameworks and concludes that the ‘constitutional model’ is both legally feasible and more constitutionally desirable than the ‘legislative model’. Finally, this paper seeks to propose a suitable architecture for an EU State of Emergency. To do so, it builds on the structure and principles of the constitutional model and identifies four limbs: the conditions to declare an emergency, the allocation of powers, checks and balances, and fundamental rights derogations. It explores the available options for design under each limb and puts forward a humble proposal for an EU State of Emergency.

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