| Basic information | Substance of the ruling | Accessibility of the case and further relevant links | |||||||
| Date | Name of the case (or case number) | The body delivering the decision | Keywords, topic | Executive part | Brief summary | Full text | Page at the website of the issuing court | Page in other databases | Unofficial materials, press communications |
| May 24. 2021. | 2021-007 | Supreme Court of Micronesia | State of emergency; freedom of movement | The Supreme Court of Micronesia dismissed a claim submitted by 14 Micronesian citizens seeking a declaratory judgment from the unconstitutionality of the state of emergency and the border closure ordered by the president of the republic due to the public health concernrs. | The Supreme Court of the Federated States of Micronesia heard a challenge submitted by 14 individuals to issue a declaratory judgment from the unconstitutionality of the state of emergency and the border closure ordered by the president of the republic on public health grounds in January 2020. The Supreme Court dismissed the claim and held that the Covid-19 pandemic amounted such a natural disaster which justified the declaration of state of emergency; least restrictive alternatives were deemed to be ineffective. Moreover, although the fact, that at the moment of closing the borders no infections have been identified in Micronesia, without such a measure, the pandemic would have undoubtfully appeared in the country. Therefore, the president did not overstep his constitutional competences and acted lawfully. |
https://gov.fm/index.php/component/content/article/35-pio-articles/news-and-updates/468-fsm-supreme-court-dismisses-complaint-for-declaratory-judgment-against-president-panuelo-s-declaration-of-public-health-emergency; https://www.facebook.com/piofsm/photos/a.255668477848791/4060006880748246/?type=3 |
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