Too Unpredictable to be Tamed? The Management of Emergencies and Crises in the EU

The handling of emergencies in the EU in the post-Lisbon era has occurred in a partial legal void: lacking an EU framework on emergency management, EU institutions have been able to operate with significant leeway to counterbalance the shocks generated by the various emergencies occurred in the last decade or so. Remarkably, the management of the financial, migration and COVID-19 crises is characterised by a number of patterns, including a significant empowerment of EU agencies and executive bodies, and pressure over fundamental rights, which raise constitutional concerns. This Brief examines the drawbacks of the current style of management of emergencies in the EU while proposing that the most plausible option to address such perils is the development of a doctrine of judicial review of emergency measures: lacking the political will to amend the existing rules, the EU courts should step in and ensure the respect of the EU's essential principles