Why has Djøf formed a Corona Task Force?
In record time, COVID-19 has changed the world as we know it.
The rapid spread of the corona virus has created fear in populations, closed borders, and sent entire communities home. It has turned both the national and international political balances of power upside-down.
Governments and parliaments around the world have passed comprehensive emergency legislation to slow the rate of infection. The Danish parliament passed a number of urgent laws in March and April 2020, which grant the government and its ministers far-reaching powers and restrict very basic freedoms.
Special emergency powers aimed at protecting populations in crisis situations are often justified; not least during a pandemic, the extent of which no one knows in advance. However, emergency powers must be necessary and proportionate. And they should only be used as long as the need exists. But when fear reigns, there is a risk that what is initially considered far-reaching will, over time, be accepted as a new normal. Or be used in a different way than intended.
In the wake of the terror attacks of September 11, 2001, and the heightened terrorist threat, so-called terror packages expanded the powers of the authorities and intelligence services to obtain personal information and use tele-data and surveillance. That which was intended as a weapon in the fight against terrorism also affects ordinary, law-abiding citizens. It has become normal.
In Denmark and other European countries, the first, acute focus after the corona outbreak was naturally on health: containment of the infection, social/physical distancing, test strategies, protective equipment, plans for treatment, and the race to develop a vaccine. Purpose: to limit the number of infected and dead as much as possible.
This was followed by a strong focus on the economic consequences. Financial aid packages to support wage-earners, businesses, the self-employed—and the economy—and proposals made in the EU for a common EU pandemic recovery fund. Purpose: to avoid mass layoffs, bankruptcies and economic turmoil.
The time has now come for a democratic aid package. Purpose: to focus on our democracy, our freedom, and our rule of law and to ensure that we emerge from the crisis stronger than when it broke out.
Terror threats and COVID-19 share little in common. What they do share in common is the risk that special emergency powers become normal powers. It is important that the current ‘corona-democratic state of emergency’ ceases once we have overcome the health-related consequences of the virus. The crisis legislation must not become routine. The restriction of very basic freedoms must not become permanent.
There is therefore a need to monitor and ensure that the countries of Europe recover as quickly as possible from the current ‘corona-fever’ state and return to their normal state: as democratic states governed by rule of law.
Here in Denmark, legal experts already fear for the rule of law as a result of the actions taken by politicians during the corona crisis. In Hungary, Viktor Orban was authorized to rule by decree while there was a state of emergency. In Poland, the incumbent government amended the electoral law by trumping an emergency election through the parliament.
On the domestic stage, the Danish Folketing has given the Minister of Health far-reaching powers. Should the Minister deem it necessary, he can now, on his own, order citizens to be examined, admitted, treated, and isolated. The Minister can also decide on far-reaching restrictions on freedom of assembly and movement, and he can restrict access to means of transport and business premises. Many other European countries have restricted rights in the same way (some to an even greater extent) than has been the case in Denmark. All in the name of the corona crisis.
And that’s why Djøf has taken the initiative to form Djøf’s Corona Task Force. We have gathered a small group of experts who are shining a spotlight on democracy, freedom, and rights during and after the corona crisis. Not only must we ensure a return to a democratic state of normalcy, we must use the corona crisis to strengthen democracy; both in Denmark and throughout the rest of Europe. And we must draw on this experience to ensure that we are better equipped for the crises that may befall us in the future.