Briefing Note

SOLIDAR FOUNDATION THE LOCKDOWN IS NO EXCUSE TO BYPASS DEMOCRACY

Introduction So that we run the risk to not see another unprecedented test brought about by the The Coronavirus outbreak is, as we hear outbreak: the one to the democratic constantly, an unprecedented situation in so foundations of our systems. In order to get many ways. Unprecedented implications for past the crisis, rights need to be prioritised: entire communities, calling for the right to health, the right to privacy (South unprecedented action, leadership and Korea and Czechia), the right to assembly solidarity. (everywhere), the right to a decent living (in The people across Europe, across the world, any affected economy), the right to vote resort to their national and regional leaders (France). The checks and balances behind to hear their announcements and find hope our institutions are heavily tested while for a future in which we will have overcome directly or indirectly deciding at fast speed the outbreak. Whatever it takes: wearing what rights have the priority. masks and gloves, embracing social Biopolitics and “states of alarm/danger” distancing, giving up our privacy to track the vis à vis national Constitutions are virus, adopting emergency measures with no posing a challenge to the social contract. parliamentary backup. Now it does not Our democracies are proving their maturity, matter that the outbreak would have been political parties their democratic foundations, way less painful if we would have invested our societies their cohesion. And we find out more and better in social policies, from the once again that in Europe these traits are not healthcare to the education system, homogeneous and we must stay alert for universal access to welfare fit for the 21st emergency measures to remain so. The century. Or in a vibrant civil society: imagine symmetric effect of coronavirus on European if the scientific community would have economies can have an asymmetric impact learned about the pandemic effects of Covid- on European democracies. We must stay 19 earlier on, instead of when China had vigilant. already lost control of it, silencing people and thus letting the virus proliferate. Now we only care about eradicating Covid- 19. And it is fair. Because we feel deprived of hugging our families, seeing our home towns, spending time with friends and in our communities. Because we never missed each other this much. Because it scares us to death to not know when this will end. And we want it to end as soon as possible.

Watch out the exit strategies: three cases constitutional duties, and the consequential institutional checks and balances. Citizens are asked across Europe to take every possible prevention measures, they Czech Republic are asked to stay apart, they are heavily fined for breaking the lockdown, people who have been tested positive are invited to share their data from mobile phones and payment cards to find all the potential people that could be infected as a result. And it is all necessary, because extraordinary and urgent measures are needed to overcome the crisis. Hence the test to social cohesion: tons of people have The Czech Republic has adopted quite been accusing each other for going out or not swiftly very strict prevention measures going out in all EU countries. But overall, the against the outbreak of Covid-19. On the majority is showing respect and a rooted 15th of March the government has declared sense of collective responsibility by staying a 30-day long “state of emergency” and since at home in order to protect others as much the 18th of March Czechs are only able to be as themselves, for instance. in public areas wearing face masks or Governments enjoy higher approval rates, as covers. Czech citizens who wanted always when a population seeks security. protection were forced to sew masks by Some heads of State seem to look for themselves because there are no masks electoral gains by using this leverage, like available in pharmacies. So many masks Macron, who compared the outbreak to a war had to be sewn that the trade Minister has situation six times during his 20-minutes decided to leave haberdashery shops open address to the nation. despite the lockdown. It is in order to monitor this kind of aggressive However, it is not only the DIY approach to rhetoric in times when solidarity rather than raise eyebrows, but rather the “smart divisive messages should underpin any quarantine system” that is being introduced policies that SOLIDAR Foundation has to track movements of infected citizens. The decided to release this briefing note. Hate system uses data from mobile phones and speech and aggressive rhetoric underpin the payment cards of people who have been policies that have shrunk the civic space in tested positive to find all the potential people the EU over the past decade. The that could be infected as a result. A measure extraordinary measures and instruments to that can be reasonable in times of an out-of- pass them can set dangerous precedents for control spreading, also because the data European democracies. While we fully sharing happens upon consent of the user. support the efforts that must be made by all However, it happens along the statement of to overcome the spreading, it is also our duty the chief of Central Crisis Staff and deputy to be watch dogs for our democracies to Health Minister Roman Prymula saying that remain open and allow organised civil border restrictions could last for one or even society and social movements to thrive. two years depending on how well (or badly) other countries manage the outbreak. Citizens must comply to the exceptional rules but governments too must respect their

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The Czech PM, Andrej Babiš has also Committee in the EP has already released a blamed the EU for insufficient coordination statement expressing the concerns on the outbreak, when in fact he is among the stemming from the fact that the measures EU leaders calling for the Union to not that are currently undertaken by interfere with governments’ decisions. governments “should always ensure that fundamental rights, rule of law and In times when mutual aid should be the democratic principles are protected”. And guiding principle, the political stands that calling “on the Commission to assess if the the Czech government is taking seem to proposed bill complies with the values rely on citizens’ shock and awe instead of enshrined in Article 2 of the Treaty on solidarity. Investing in the public healthcare European Union and to remind member infrastructures instead of liberalising the states of their responsibility to respect and economy, investing in welfare measures for protect these common values”. precarious workers left with no safety net instead of liberalising the labour market, While the EP is already following closely how support to civil society organisations that do the emergency measures unfold in Hungary, most of the work to activate the citizens’ the Commission should step up its efforts in participation to democracy that is behind any this sense. The Blueprint for strengthening social cohesion. These policies should be the Rule of Law is there to support action by part of the ‘whatever it takes’ mantra. the Commission and the upcoming review of the Rule of Law mechanism should be Hungary seized by Commissioner Reynders as an opportunity to show to Europeans that the EU’s mission is also to protect them against authoritarian attitudes. Italy Covid-19 has brought the wealthiest Italian regions to their knees. The virus has endangered the South too, that has no adequate healthcare infrastructures to cope with any outbreak close to the one affecting The Hungarian government hardly fails to the North. The government has adopted find new grounds for threatening the rule of incremental measures to prevent a further law. The Covid-19 outbreak was the basis for spread, in a desperate attempt to alleviate the Hungarian government to table a bill on the burden putting under pressure the Monday, 23 March, which yesterday, 30 hospitals’ capacity, undermined by years of March, authorised the executive to rule by cuts in public spending, due to neoliberal decree if adopted. Although the Hungarian policies as much as to the consequences of legislature did not approve the proposal, the the fiscal compact. Citizens have been governing Fidesz-KDNP pushed the bill accepting the measures, alleviating the through Parliament, leveraging its two-thirds mental pressure of a life locked down by majority. singing together at their balconies. The In other words, the attempt is to expand the social cohesion that seemed lost until a few executive authority of the government in weeks back looks now restored vis à vis the order to rule by decree while the country need to protect public health. remains in a “state of danger”. The LIBE

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Yet something has not been discussed SOLIDAR and SOLIDAR Foundation will thoroughly enough. The government and the keep monitoring the situation and regions have decided to impose the assisting our members to protect the necessary restrictions to individual and civic space. collective freedoms by using regulatory instruments completely controlled by the executive powers: the Decree of the President of the Council of Ministers, Ministerial decrees and Governors’ decrees to swiftly adopt the anti-Covid measures. No checks by the respective Assemblies, nor by the Presidency of the Republic, as it would be the case for any legislative instrument. There is no time for it, is the mantra. Yet we must query: what kind of a precedent does this practice set? These instruments were never meant to restrict citizens’ rights, but to clarify or introduce regulatory aspects of the law. These practices carry a potential risk for Constitutional democracy, that of future ruling coalitions to rely on these precedents for purposes that differ from protecting public health. For Constitutional limits to power to be respected, democratic parties and Civil Society Organisations have to question the practice. The outbreak has spread in times of questionable democratic foundations for the most popular parties in Italy. The shock that all the social and civic actors in society are coping with must not refrain from calling for democratic scrutiny over the instruments that are used to protect public health.

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