Original scientific paper
https://doi.org/10.31141/zrpfs.2023.60.147.119
State of Emergency in the context of COVID-19: Croatian Constitutional Framework and Practice
Anita Blagojević
orcid.org/0000-0001-7153-7444
; University of Osijek, Faculty of Law
Martina Antunović
; University of Osijek, Faculty of Law
Abstract
The last two to three decades have been marked by many and diverse crises and challenges, from
terrorism to the global financial crisis and migration crisis, but the one brought about by COVID-19
was certainly one of the most serious in terms of its scope and character as well as being the most
unexpected. On the one hand, unprepared to combat an unknown enemy, and on the other hand,
expected to undertake various health, economic and legal measures, countries coped as best they
could. However, the measures taken, which were certainly among the most restrictive measures not
only in recent times, have justifiably raised concern regarding challenging respect for democracy,
human rights and the rule of law. Without any doubt, the COVID-19 pandemic has tested the
commitment of countries to the rule of law, human rights and democracy under extraordinary
circumstances. Some countries passed the test with flying colors, while others failed miserably.
The aim of this paper is to analyze the constitutional and legal framework, as well as the actions of
the Croatian authorities during the pandemic, and to conclude which of those the particular country
passed the test of constitutionality and preservation of the rule of law and human rights during the
pandemic. In this context, an analysis of the relevant provisions of international documents and the
provisions of the Constitution of the Republic of Croatia on the state of emergency will be carried
out, after which an overview of anti-pandemic measures will be presented, as well as the relevant
practice of the Constitutional Court of the Republic of Croatia regarding the constitutionality of
certain measures.
Keywords
state of emergency; pandemic; Constitution; human rights; Croatia
Hrčak ID:
296634
URI
Publication date:
28.3.2023.
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