Covid-19 pandemic: economic law & crisis

Covid-19 - Crisis - Economic Law - Freedom to conduct a business - Competence - Minister - Measure

In the context of a specific issue of the legal journal RDC/TBH dedicated to the law in times of crisis, Régine Feltkamp and Dodo Chochitaichvili prepared an analysis of economic law in (times of crisis).

In light of the lock down measures applied in Belgium, their contribution examines in the first place the principles regarding the freedom to conduct a business (vrijheid van ondernemen / liberté d'entreprendre) and the possibilities for the public authorities to limit this freedom in times of crisis. In this context they analyse the different decisions of the Council of State (Raad van State / Conseil d'Etat) in the context of disputes initiated by different businesses related to the lock down measures.

Secondly they evaluate the specific regime foreseen in the Belgian Code of Economic Law (Wetboek Economisch Recht / Code de droit Economie) for times of crises and the specific measures the Minister competent for the economy is entitled to take.

Should you wish to receive more information on the topic or if you have more generally questions in relation to the freedom to conduct a business, please reach out to us.

Focus Points

With a view to have an open eye on the future, we follow up on specific (legal) topics at the heart of modern businesses in transition.