The Resilience Challenge: why and how we should treasure this pandemic legacy

Recurring crises, systemic transitions and new challenges and threats have drawn attention to legal resilience – both resilience through law and the resilience of law (Sari, 2021; Ungar 2021). The Covid-19 pandemic itself was a testing ground for legal resilience and new resilient regulatory strategies (Boschetti & Poli, 2021 and 2022). The formal recognition of resilience as a key concept/principle of the Next Generation EU regulatory framework (article 2 of Regulation 241/2021/EU) is part of the pandemic’s legacy. It is a game changer for the post-pandemic world, with a two-pronged adaptive capability: defensive, to resist shocks, and proactive, to make change possible. This paper aims to help understand what resilience is in law, its novelty compared with other principles (from sustainability to a precautionary approach) traditionally used to deal with uncertainty and applied to legal resilience approaches (Robinson, 2014), and how it can be taken seriously in the legal field.