Original scientific paper
https://doi.org/10.31141/zrpfs.2022.59.145.491
(No) justification of limitations and prohibitions crossing border crossings under the influence of the pandemic Covid-19
Boris Ljubanović
; Pravni fakultet Sveučilišta J. J. Strossmayera u Osijeku
Ana Đanić Čeko
orcid.org/0000-0003-1325-7692
; Pravni fakultet Sveučilišta J. J. Strossmayera u Osijeku
Abstract
Acknowledging the fact that human rights and freedoms are in the greatest danger precisely
during crisis (emergency) situations, it has been noted that the measures imposed during the
pandemic mostly relate to and affect the freedom of movement. The paper briefly examines the
impact of the pandemic on the restriction of freedom of movement through the constitutional and
legal conditions set in the constitutional articles. Furthermore, certain actions and decisions of the
appointed expert body - Headquarters are being reviewed from the administrative-legal aspect,
only with regard to prohibitions and restrictions related to cross-border movements with the aim of
preventing the spread of the COVID-19 disease. By applying the normative analysis, attention is
paid to the current legal framework established in the Civil Protection System Act and the Public
Protection Against Infectious Diseases Act, which both relate to the authority of the Headquarters
and the imposition, above all, of security measures regarding prohibitions and restrictions on crossborder movements. A brief overview of the selected constitutional-judicial practice, the so-called
“The COVID-19 cases”, is highlighted by certain constitutional and legal arguments. Conclusively,
critical considerations and conclusions are presented on the selected issue.
Keywords
restrictions and prohibitions; border crossings; Civil Protection Headquarters of the Republic of Croatia; constitutional and judicial practice; COVID-19
Hrčak ID:
284724
URI
Publication date:
24.10.2022.
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