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LEGAL CHALLENGES IN THE CONTEXT OF SECURITY CHALLENGES IN THE REPUBLIC OF CROATIA IN 2020

The reality of events from the beginning of 2020 in the world, which will be caused by the security challenges such as global mobility in the fight against the COVID-19 virus pandemic will illustrate the achievements of particular countries’ legal action in “fighting” the aforementioned threat. Therefore, a known but invisible enemy that caused planetary mobilization, with elements of open war against civilization and humanity, will give states a new theory of understanding the term Ius ad bellum, in the context of the legal struggle against the said enemy itself, both within national legal frameworks and at national borders. Legal, normative struggle within one’s own national legal frameworks, i.e. in the Republic of Croatia in the context of the real time of the events themselves, will relate precisely to the procedures for protecting citizens’ safety by all available means, including their own legal system and the application of legal and regulatory provisions. In the context of the fight against the invisible enemy and the “open war”, the authorities (be they national or local) will implement those measures which they consider as appropriate to real time and convenient to eliminate threats and protect national security. The existing legal frameworks of the Republic of Croatia, i.e. laws and other by- laws, as well as the proposed new legal frameworks, in their broad and intensive interpretation, become subject of doubt in terms of endangering and protecting human rights, individual rights, citizens’ rights and the protection of the national security. The emergence of terminology and the possible indications of “bioterrorism” will mobilize all state capacities in this fight, with the aim of protecting all citizens, and accordingly national security. Therefore, the aforementioned contemporary threats and the emergence of new ways of protecting citizens’ and national security will raise the question of adopting new legal frameworks or the need to interpret the existing ones considering the fact whether they protect the citizens from potential threats, as well as in what sense and to what extension the measures against the global epidemic of the virus should be taken, while keeping everything within the framework and implementation of the Homeland Security Act. Furthermore, the question arises as to what legal or other solutions in “waging the war against an invisible enemy” have real justification in realistic circumstances, for the purpose of protecting citizens from the threat of the COVID-19 virus, and whether the normative or other activism of the Government and local government and self- government units “hides” certain measures for the slow destruction of a democratic society and fundamental freedoms. Also, taking into account the measures taken to combat the epidemic, as well as possible “bioterrorism”, the question arises as to whether the rule of law acquired in democracy and the democratic system as such is threatened. Therefore, in this paper the author will compare the existing and new legal and other provisions used in the “fight” against the spread of the COVID- 19 pandemic in the Republic of Croatia, elements of bioterrorism, all for the purpose of protecting citizens within the framework of the Homeland Security System and the possible concurrent threat to human rights, fundamental freedoms of citizens and democracy in all aspects of citizens’ lives.

Homeland Security System Act ; bioterrorism ; human rights, security of citizens

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