Журнал. World association for medical law. The COVID-19 pandemic. Volume 39 2

133 Medicine and Law The federal government’s assigned and exclusive competence regarding preventive health care is the competence to take nationwide “ measures on prophylaxis ”. 9 This only concerns mandatory vaccinations 10 . If the federal government wants to act during a health care crisis, it must invoke powers other than those relating to this narrow competence in public health. For example, the fundamental ban on leaving one’s house that was issued to the population was taken under civil protection and safety legislation 11 . The same legislation was used to declare 12 the federal phase of the national emergency plan. Federal economic legislation was then used to regulate the trade and distribution of various medical devices, personal protective equipment and biocides. 13 Shortages of medicines were addressed under the Pharmaceutical Act 14 . b) Delegation of Powers To deal with this fragmentation of competencies and allow swift action, a Delegation of Powers Act was declared 15 by parliament on 27 March 2020. It gives the federal government broadly defined and prima facie unlimited powers to tackle the crisis. For a period of three months, measures can be taken to prevent the spread of the virus and to preserve public health and public order (such as providing sufficient medicines andmedical devices 16 ). The government 9 See article 5, §1, I., lid 1, 1°, a) en lid 2, 2° (BWHI) Special Law to Reform Institutions of August 8, 1980, BS August 15, 1980. 10 GwH 19 december 1991, nr. 40/91, 7.B.; Parl. St. Kamer 2002-03, nr. 2056/001, 7-8. 11 Ministerial Decision April 3, 2020 amending Ministerial Decision of March 23, 2020 on urgent measures to limit the spread of the coronavirus COVID-19, BS April3, 2020. That measure was taken under articles 181, 182 and 187 Act of May 15, 2007 on civil security, BS July 31, 2007 and the Civil Protection Act of December 31, 1963, BS January 16, 1964. 12 Ministerial Decision March 13, 2020 declaring the federal phase on the coordination and management of the coronavirus COVID-19 crisis, BS March 13, 2020; RD January 31, 2003 establishing the emergency plan for crisis events and situations requiring coordination or management at national level, BS February 21, 2003. 13 Ministerial Decision of March 23, 2020 special measures under the SARS-CoV-2 pandemic under book XVIII of the Code of Economic Law, BS March 23, 2020. The specific legal basis here concerns regulation in the case of market disruption. 14 For example, see Royal Decree of March 24, 2020 taking special measures to combat drug shortages under the SARS-CoV-2 pandemic, BS March 24, 2020. 15 Law of March 27, 2020 authorizing the King to take measures in the fight against the spread of the coronavirus COVID-19 (II), BS March 30, 2020. Also in 2009, a Law was voted on that gave executive powers to the government in the event of a flu epidemic or pandemic: Act of October 16, 2009 granting permissions to the King in the event of a flu epidemic or pandemic, BS October 21, 2009. 16 Parl. St. Kamer 2019-20, nr. 1104/001, 5.