CYIL vol. 12 (2021)

CYIL 12 (2021) COVID-19 RESTRICTIONS OF FREEDOM OF MOVEMENT IN THE CR AND LITHUANIAs … the Cabinet to lift the quarantine from 17 June 2020, but to extend the state-level emergency. Due to the deteriorating epidemiological situation in the country, a second quarantine was introduced by Government decree from 7 November 2020 until 31 January 2021. AT the moment of writing, it is extended through 30 June 34 . As for the external dimension of free movement, the temporary reintroduction of the controls at internal Schengen borders was instituted on 14 March 2020 for the reason of COVID-19 and was valid through 31 May 2020. Later, the control was applied to the land border with Poland until 12 June 2020 and to sea and air borders until 14 September 2020. Similarly to other states, Lithuania was also “closed” to foreigners: the rules of the quarantine prohibited the entry of foreign citizens with certain exceptions. The initial list of exceptions was more limited, including drivers and crew members of commercial cargo, persons having the right of residence in Lithuania, diplomatic personnel and NATO and NATO countries military personnel. The document was later changed to include more categories of persons who were allowed to enter Lithuania. During May 2020, the restrictions for certain neighbouring countries (Poland, Latvia, Estonia) were lifted, depending on their pandemic situation. From the beginning of June, the citizens of EU and EEE countries could enter Lithuania, if the cases of COVID-19 in their country did not exceed 25 cases per 100,000 inhabitants in the period of two weeks, and the list of such countries was established every week by a decision by the Head of State Emergency Operations. As of the writing of this article (June 2021), according to the regulation of the second quarantine the citizens of EU and EEE countries may enter Lithuania, and the citizens of other countries – if they belong to certain categories of persons outlined in legal acts. All persons (assuming that this includes also citizens coming back to Lithuania) coming into Lithuania by means of regular, special and charter passenger transport routes (all modes of transport) are required to present a document regarding a negative test of COVID-19. In March 2020, Lithuania had also established the prohibition for Lithuanian citizens to leave the country “except when they return to their place of residence, go to their place of work, as well as with the permission of the head of the State Border Guard Service under the Ministry of the Interior of the Republic or his authorized person”. 35 This prohibition was lifted on 4 May 2020, allowing Lithuanians to travel abroad (of course on the condition that the country they were travelling to accepted foreigners). Such limitation was not introduced during the second quarantine. During the second quarantine, all persons entering Lithuania were requested to present a negative COVID-19 test. The legality of not allowing the citizens of Lithuania to return to their country has been challenged in the Constitutional court (see below). In Lithuania, there has also been a number of measures restricting the internal dimension of free movement. During the first quarantine in Lithuania, the restrictions on travelling were more concerned on the number of people who may be travelling and visiting public places together. The legal acts limited the intensity of the regular intercity and suburban passenger transport routes, also allowed visting parks and other open public places and to 34 Decree of the Government of the Republic of Lithuania, „Regarding the Declaration of Quarantine in the Republic of Lithuania“ TAR, 2020-11-05, Nr. 23062, para. 22. 35 Decree of the Government of Lithuania, “Regarding the Declaration of Quarantine in the Republic of Lithuania”, TAR, 2020-03-14, Nr. 5466.

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