Šimon Chvojka
Author’s affiliation: Faculty of Law, Charles University in Prague

The role of the Constitutional Court during coronacrisis

Jurisprudence 2/2021 Section: Articles Page: 14-27

Keywords: Constitutional Court; COVID-19; judicial protection; state of emergency; crisis measures; emergency measures

Abstract: The article focuses on the powers and position of the Constitutional Court regarding the declaration of the state of emergency, crisis measures of the government and the Ministry of Health’s emergency measures. It argues through an analysis of recent case-law that the Constitutional Court’s approach was in many cases too formalistic, which made effective judicial protection unachievable. At the same time, examples from abroad and the latest decision of the Constitutional Court show the need for substantive review (especially of the crisis measures). Furthermore, it is argued that the current case-law is, in some ways, inconsistent, contradictory, or is evading some questions. Moreover, the article suggests some solutions to these problems – it is equating the Constitutional Court and review of the declaration of the state of emergency to the European Court for Human Rights and proposes to enshrine new powers or use of academic decisions for review of no longer effective crisis measures.