CYIL vol. 12 (2021)

CYIL 12 (2021) COVID-19 RESTRICTIONS OF FREEDOM OF MOVEMENT IN THE CR AND LITHUANIAs … many states considered the Czech Republic as a high-risk country and, therefore, introduced travel restrictions on travellers coming from the Czech Republic. As for the internal dimension of free movement, a government resolution of 15 March 2020 stipulated that, with effect of 16 March 2020, the free movement of persons throughout the Czech Republic was prohibited, however with a number of exceptions such as travel to work and to the pursuit of a business or other similar activity, the necessary journeys to family or close relatives, journeys necessary for the provision of basic life needs, travel to health and social care facilities, stay in nature or parks, and travel back to one´s place of residence. Persons residing in the territory of the Czech Republic were ordered to restrict movement in publicly accessible places for as long as necessary and to reside in their place of residence, except in the above-mentioned cases. A similar regulation was re-introduced on 22 October 2020. Unlike during the first wave, a night curfew was introduced from 11 pm until 5 am. As of 1 March, it was forbidden to leave the district in which a person has permanent residence or domicile. Exceptions from this rule concerned e.g., travel to work or to a medical doctor and later, as of 22 March 2021, also travel of parents to visit their minor children. People owning a house outside their district were allowed to go this place. However, in such a case they were required to stay there for the duration of the measure. 2.3 Judicial review An extraordinary situation like the COVID-19 crisis means a stress test for almost all fields of social, political, and economic life. The fast sequence of measures limiting various human rights and freedoms and the way how these measures were communicated during dramatically arranged press conferences of government officials caused significant doubts concerning their legality and legitimacy. In such a situation of great uncertainty, one may expect courts to provide the necessary orientation in legal terms and to hold society together. However, it has become evident that, for various reasons, courts could not properly meet such expectations. In March 2020, an individual complainant requested the Constitutional Court in Brno to annul, among other things, the government resolution of 12 March 2020 declaring a state of emergency and some extraordinary measures adopted by the Ministry of Health. According to the complainant, those measures were not in accordance with her freedom of movement under Article 14 of the Charter of Fundamental Rights and Freedoms. As, according to the complainant, there was a need for immediate intervention by the Constitutional Court, she requested a preliminary measure to be issued. On 22 April 2020, the Constitutional Court gave a highly disputed decision 18 which was adopted by a tense majority of 8 out of 15 judges. 7 judges filed dissenting opinions. Rejecting the complaint, the Constitutional Court distinguished three levels of review. With regard to the declaration of a state of emergency the Constitutional Court found that such act of the government, in principle, can only be reviewed by the Chamber of Deputies within the framework of political responsibility. The Constitutional Court may review only a potential conflict between the government resolution and the basic principles of a democratic state

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18 Pl. ÚS 8/20.