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Government crisis measures in the vacuum of judicial (non)review

Publication at Faculty of Law |
2022

Abstract

The coronavirus pandemic provided an opportunity to review the legal regulation of emergency situations. One of the most pressing critical points in the broader problem of judicial review has been the inequality of the recipients of pandemic legal acts in the protection of their rights.

Shall the government issue emergency measures, it remains unaffected in many cases, whereas the same interference with rights and obligations regulated by emergency measures of the Ministry of Health under the Public Health Protection Act or the Pandemic Act may be subject to substantive review. In particular, this article attempts to demonstrate why the current incidental review is inappropriate.

Firstly, the author places the government's emergency measures in the context of pandemic legislation. Furthermore, she reviews the administrative and constitutional case law on their reviewability.

Finally, the author argues for concentrated review of the government's measures.