Arbitrariness at the Time of the Covid Pandemic

The Time of the Covid Pandemic has witnessed many challenges for Public Law. A remarkable one has been the lack of justification by public authorities. Many of the measures introduced have been barely coupled by the provision of reasons arguing, not on the urgency of addressing the Covid pandemic, but on the convenience, desirability, and adequacy of the particular measures implemented. The issue is highly problematic because the provision of reasons justifying decisions of public authorities is crucial to assure that these are of a discretional and not an arbitrary nature. The arbitrariness of public authorities is forbidden by and detrimental to the Rule of Law, a fundamental principle of public law.
In this paper, I present the conditions for the distinction between the notions of discretion and arbitrariness. Once the distinction is unveiled, I will present some cases of laws and regulations related to Covid in well-established European democracies that would qualify as arbitrary