疫情揭露了一场对所有人的战争-脆弱的联盟和每个特立独行的欧盟国家

原文始发于微信公众号(瑞中法协):疫情揭露了一场对所有人的战争-脆弱的联盟和每个特立独行的欧盟国家



疫情揭露了一场对所有人的战争-脆弱的联盟和每个特立独行的欧盟国家
疫情揭露了一场对所有人的战争-脆弱的联盟和每个特立独行的欧盟国家




摘要:作者通过以疫情期间意大利的事件为例,指出无论欧盟的原则和指令如何,欧盟中几乎每个国家都奉行自己的政策。这与多年来所有欧洲领导人一直在呼吁欧洲自由的口头承诺形成鲜明对比,而实际上,发生事情时,每个国家都走自己的路。这场大流行病揭示了欧盟的根基和原则多么脆弱。从而证明了托马斯·霍布斯(Thomas Hobbes)所说的“一场无休止的,为每个人准备的战争”。本文原题为“Covid could expose a war of all against all: Can European unity cope?”


作者Maurizio Gardenal是北约国防学院基金会的定期撰稿人,担任“lawfare”专栏的编辑,也是其科学委员会的成员。他还是“ II Sole 24 ore”“国际法观察站”专栏的编辑,还是美国律师协会和国际法委员会的成员。有关他的完整传记和详细信息,请访问www.gardenal.it。本文发表于《瑞中法律评论》第三期。





疫情揭露了一场对所有人的战争-脆弱的联盟和每个特立独行的欧盟国家
疫情揭露了一场对所有人的战争-脆弱的联盟和每个特立独行的欧盟国家


On 30 September, 2020 the European Commission issued the 2020 Rule of Law Report which can be summarized in the words of the President von der Leyen “The rule of law helps protect people from the rule of the powerful. It is the guarantor of our most basic of every day rights and freedoms. It allows us to give our opinion and be informed by a free press”.


Likewise, on November 13, 2020 the European Union Parliament issued a resolution on the impact of Covid-19 measures on democracy, the rule of law and fundamental rights.


The bottom line of both statements is a warning to the governments of each EU member state to abide by the fundamental rights set forth by the Union and the rule of law with respect to the Covid-19-related restrictions.


The parliamentary resolution urges the governments of the EU to reconsider all the limitations on personal freedoms and gauge the long-term impact of the generalized lockdown on individuals.


However, it seems that most European countries have not heeded such calls with the due attention that could have been expected.


Notably, the situation in Italy presents a case in point. The country is made up of about 8,000 municipalities – big and small towns alike – that during the extended period of national lockdown last year witnessed some very stringent restrictions according to which the people were not allowed to move out of their towns without the risk of committing an offense, sometimes with criminal implications.


The government had pledged that another lockdown would be avoided for two weeks during the Christmas holidays, following on from the one in the autumn of 2020. Nevertheless, tough restrictions were, in fact, reimplemented at Christmas.


Such decisions were not supported by irrefutable scientific evidence and were allegedly based on certain criteria that the Ministry of Health acknowledged without making them accessible to the public, in spite of mounting pressure from scientists and academics. 


As early as October 2020, the Secretary General of the Council of Europe warned Rome with regard to the potential violation of the citizens’ fundamental rights during the period of the first wave of the pandemic. His letter noted that it would, ultimately, be up to the European Court of Human Rights, not the Italian government, to decide whether article 15 of the European Convention on Human Rights had been violated during the lockdown.


Aside from the Italian case we must point out that pretty much every country in the Union has pursued their own policies regardless of the EU’s principles and directives.


This stands in striking contrast to what all European leaders have been claiming over the years, paying lip service to European freedoms, whereas, in fact, when push comes to shove, each country goes its own way.


The pandemic has revealed how flimsy the very foundations and principles of the EU are. And, thereby, setting the stage for the anarchic, each-for-themselves scenario that Thomas Hobbes called “a war of all against all”.



Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on pinterest
Pinterest

发表评论

您的电子邮箱地址不会被公开。 必填项已用*标注