POLITICAL AND CONSTITUTIONAL APPROACH TOWARD COVID 19

THE CASES OF KOSOVO AND CROATIA

Authors

  • Murat Jashari Faculty of Law, University of Prishtina “Hasan Prishtina”
  • Behar Selimi Faculty of Law, “UBT College”, Prishtina
  • Islam Pepaj Faculty of Law University of Prishtina “Hasan Prishtina”

DOI:

https://doi.org/10.30925/zpfsr.42.3.12

Keywords:

Kosovo, Croatia, Constitution, State of emergency, President, Emergencies

Abstract

This paper analyzes the political and constitutional confrontation of Kosovo and Croatia with the COVID-19 pandemic. The similarities of the constitutional provisions governing emergency situations and possible restrictions on human freedoms and rights in both countries, alongside hybrid parliamentary systems with strong presidents, have produced the same approaches, respectively similar in political and constitutional terms as well as in the academic and professional aspect. Therefore, this paper is focused more on government responses to the situation, including divergences between presidents and governments, as well as constitutional court approaches and respective academic opinions on the subject axis: extraordinary measures within the ordinary or extraordinary legal order with a formal declaration of a “State of Emergency”. Both countries set out for the first model, contenting themselves with amending legal frameworks without a formal declaration of a state of emergency. How and why, it happened is explained in the second and third parts of the paper, resulting in conclusions and recommendations. 

Additional Files

Published

2022-02-16 — Updated on 2023-12-15

Versions

How to Cite

Jashari, M., Selimi, B., & Pepaj, I. (2023). POLITICAL AND CONSTITUTIONAL APPROACH TOWARD COVID 19: THE CASES OF KOSOVO AND CROATIA. Collected Papers of the Law Faculty of the University of Rijeka, 42(3), 817–837. https://doi.org/10.30925/zpfsr.42.3.12 (Original work published February 16, 2022)

Issue

Vol. 42 No. 3 (2021): Collected Papers of the Faculty of Law of the University of Rijeka

Section

ARTICLES

License

Copyright (c) 2022 Behar Selimi, Murat Jashari, Islam Pepaj

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

Collected Papers is an open access journal. Journal does not charge article processing charges (APC) to authors. It is licensed under CC BY-NC licence 4.0.

Collected Papers of the Law Faculty of the University of Rijeka" is an Open Access journal. Users are allowed to read, download, copy, redistribute, print, search and link to material, and alter, transform, or build upon the material, or use them for any other lawful purpose as long as they attribute the source in an appropriate manner according to the CC BY licence.
The papers published in "Collected Papers of the Law Faculty of the University of Rijeka" can be deposited and self-archived in the institutional and thematic repositories providing the link to the journal's web pages and HRČAK.

Upon acceptance of the manuscript for publication by this journal, the author can publish same manuscript in other journals only with the permission of the Editorial Board (secondary publication). A repeated publication should contain a notice as to where the manuscript was originally published.