Publication at Faculty of Law |
2021
Abstract
The division of power in an emergency can weaken the courts in relation to the executive. However, this did not happen during the pandemic in the Czech Republic.
The article describes the reasons why executive measures have been reviewed by different types of courts. Cases in which the main reason was the proportionality of the measure are dealt with separately.
Proportionality was applied in the case of obligatory tests on arrival from abroad, in the case of discrimination in the detection of antibodies in relation to vaccination, and in the case of closure of ski resorts. The paper is supplemented by a table of the most important decisions of the Constitutional Court and administrative courts for the entire period of the pandemic.