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Centralised and decentralised responses to COVID-19 : the EU and the USA Compared
ID
Aubrecht, Paul
(
Author
),
ID
Essink, Jan
(
Author
),
ID
Kovač, Mitja
(
Author
),
ID
Vandenberghe, Ann-Sophie
(
Author
)
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https://utrechtlawreview.org/articles/10.36633/ulr.738
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Abstract
The European Union and the United States of America have experienced some of the most concerning outbreaks of COVID-19. This paper investigates the division of power in the EU and the USA, suggesting the radical uncertainty created by the COVID-19 pandemic means that states’ procurement and distribution of the materials they need for testing and the obtaining of medical supplies to treat the seriously ill might best be centrally administered. The centralised procurement and distribution of essential medical goods can resolve the problems arising from harmful competition between states to procure them and allow states to exercise their buying power. Moreover, it might solve the moral hazard problem, which leads to the hoarding of necessary medical goods, thereby creating a cross-border externality when other states within the federal system do not have enough of the medical items needed. However, the paper argues that the importance of local information suggests that organising the provision of testing programmes is optimally done as part of a decentralised process. Finally, to enable the most effective health responses for future pandemics and achieve the most effective integration of EU Member States, the current regulatory and legal adaptations and allocation of competences should also become permanent features in the EU’s constitutional landscape.
Language:
English
Keywords:
pandemic
,
federalism
,
USA
,
EU
,
COVID-19 pandemic
,
comparative law and economics
,
economics of federalism
,
federal systems
,
optimal pandemic governance
Work type:
Article
Typology:
1.01 - Original Scientific Article
Organization:
EF - School of Economics and Business
Publication status:
Published
Publication version:
Version of Record
Year:
2022
Number of pages:
Str. 93-107
Numbering:
Vol. 18, iss. 1
PID:
20.500.12556/RUL-144513
UDC:
327
ISSN on article:
1871-515X
DOI:
10.36633/ulr.738
COBISS.SI-ID:
129078019
Publication date in RUL:
27.02.2023
Views:
614
Downloads:
90
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Record is a part of a journal
Title:
Utrecht law review
Publisher:
Utrecht University School of Law
ISSN:
1871-515X
COBISS.SI-ID:
1024177505
Licences
License:
CC BY 4.0, Creative Commons Attribution 4.0 International
Link:
http://creativecommons.org/licenses/by/4.0/
Description:
This is the standard Creative Commons license that gives others maximum freedom to do what they want with the work as long as they credit the author.
Secondary language
Language:
Slovenian
Keywords:
pandemija
,
krize
,
federalizem
,
ZDA
,
EU
Projects
Funder:
ARRS - Slovenian Research Agency
Project number:
P5-0128
Name:
Izzivi vključujočega in trajnostnega razvoja v prevladujoči paradigmi ekonomskih in poslovnih znanosti
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