A New Approach to the Legal Understanding of “Directness” and “Participation” in the Aftermath of COVID-19

Summary

COVID-19 has caused significant changes in the ways in which societies function. It has affected us on many levels, including in legal matters. Lockdown has forced millions of people to work remotely, which has not only changed their lives but has also influenced the interpretation and application of both public and private law, as well as forcing through changes in the law. In this context, the authors propose a new understanding of the terms “directness” and “participation”. An analysis of these terms, using various methods of interpretation, indicates that today, “directness” and “participation” should be understood differently, as they are implemented online using electronic means of communication. Many examples from both private and public law prove that there can be no easy return to the traditional, hitherto prevailing understanding of the terms analysed in this contribution. Indeed, there is a wide group of experts who, through various guidelines and recommendations, have indicated the clear need for a new interpretation and understanding of these terms. Against this background, it must be asked whether the COVID-19 crisis has caused a permanent change in the way that directness and participation are understood. This contribution aims to demonstrate the authors’ view that the new understanding of “directness” and “participation” has become a fact, and not one currently and typical only applied in the “new normality” of a global pandemic. The authors believe that a new understanding and approach to both notions seems to have become more ingrained and permanent due to the current crisis.

INTRODUCTION

It sounds very clich e d right now to say that COVID-19 has had a serious effect on our lives. It has also had a significant impact on the law, on many levels. First, the moves to prevent the effects of the negative phenomena caused by COVID-19 have led to legislative changes being implemented with the use of unusually rapid procedures. Secondly, the need arose to adopt a proper methodology for the interpretation and application of the law. A lockdown was introduced in the majority of the EU Member States, making it virtually impossible for professionals, consumers and general trade to function as usual.