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Regulatory Responses to COVID-19 Pandemic and Impact on Fundamental Rights and Freedoms in Croatia

Decisions, instructions, and security measures affecting rights and freedoms in the context of COVID-19 pandemic in Croatia are mainly based on the Acts on Civil Protection System and on Protection of Population from Infectious Diseases, and on the related authority of the Civil Protection Headquarters to issue them. This authority of the body established by the Government has been heavily disputed, leading to a total of 31 submissions and initiatives for review of constitutionality and legality of its decisions until September 2020. Despite early initiatives of several judges to initiate the review of more decisions and measures, the Constitutional Court decided only on a small number thereof, affirming disputed authority of the Headquarters and declaring only the ban on working on Sundays for shops as unconstitutional (disproportionate). Court decisions were largely criticized in the public and even by the Croatian President. Ever since, new regulatory responses have been scarce until the escalation of the pandemic in Croatia and untimely toward any effective prevention thereof. While many consider the current situation in Croatia catastrophic, a significant number of citizens still see the imposed measures as a significant encroachment of rights and freedoms - including the duty to wear face masks in indoor spaces. Public criticisms of Constitutional Court’s decisions undermine the needed public confidence in the efficacy of this Court to protect rights and freedoms, and have an impact on the related behaviour of individuals. On that account, this lecture will examine legal issues surrounding the Court decisions and effects thereof on the system for protection of rights and freedoms that are affected by measures to prevent spread of the disease. It also proposes optimization of proceedings before the Court towards urgent and more efficient handling of similar initiatives and submissions in the future.

COVID-19 ; fundamental rights ; Acts on Civil Protection System ; Act on the Protection of Population from Infectious Diseases ; Constitutional Court

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