The impact of fear on law-making process. Analysis of governmental decisions regarding Covid-19 restrictions in migration policies

Abstract

Law-making is not a neutral process since it is shaped on the basis of the ideological system, principles, values, beliefs and interests of the party/parties with a parliamentary majority. Also, the governing majority sets the agenda issues, indicating its priorities. However, Law cannot be solely based on the above, since it contains core values such as the Constitution, human rights, respect for the person, the protection especially of those who are the most vulnerable, those who do not have the opportunity to have their voice heard. Notwithstanding, in times of crisis many of these values are considered as secondary to the need to solve the arising problems, and an “emergency” legislation is formed. Thus, as the rhetoric of fear expands and strengthens politically and socially, as a climate of non-recognition that the “other” is human and deserves respect, as the “other” is reduced to a vector of infectious diseases, a transmitter of the virus, then law, as a concept and moral content, is being replaced by a utilitarian law-making, and the legislation is replaced by a state of exception. The main aim of this study is to investigate how the changes in the legislative framework regarding the management of migratory flows in Greece, especially during the period of the first Covid-19 pandemic, are shaped in relation to the governmental measures regarding the management of migration. The study shows that even before the outbreak of the coronavirus pandemic in the Greek state there was a discourse of fear of the “other”, with decisions of detention instead of integration; however, with the pandemic the legislator turned to full containment measures, considering migrants/refugees/asylum seekers as carriers of the virus, in need of complete isolation from the natives. With this legislation, what is recorded is a complete reversal of perspective: instead of focusing on the health of refugees/asylum seekers who are the ones with increased health needs, they are actually referred to as a risk and their movement is completely prohibited, as they are presented as a public danger. This is a xenophobic perception, which is masked behind the discourse of fear and this fear penetrated the law-making process.