Montenegro

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 
July 23. 2020. U-II 22/20. Constitutional Court of Montenegro Right to privacy; protection of personal data The Constitutional Court of Montenegro annulled the decision of the Coordinating Body for Contagious Diseases to publish the name and adresses of persons ordered to be in self-isolation during the public health emergency. The Constitutional Court of Montenegro heard a case concerning the decision of the Coordinating Body for Contagious Diseases to publish online the name and adresses of those  persons who were ordered to be in self-isolation, including foreigners entering into Montenegro, and also Montenegrin citizens subjected to this measure. The Constitutional Court argued, that this measure did not constitute a proper balance between right to privacy and the protection of public health, moreover, medical data fall within the category of personal data entitled to special protection. As a consequence, the decision of the Coordinating Body was abrogated as unconstitutional. The Government promised to compensate those persons whose names and addresses had been already published. http://www.ustavnisud.me/ustavnisud/skladiste/blog_4/objava_181/fajlovi/Odluka%20USCG,%20predmet%20U_II%20br%2022_20.pdf   https://www.covid19litigation.org/case-index/montenegro-constitutional-court-montenegro-u-ii-2220-2020-07-23 https://balkaninsight.com/2022/02/21/montenegro-promises-to-compensate-for-publishing-self-isolators-names/
June 30. 2020. U-II 23/20. Constitutional Court of Montenegro Freedom of movement; right to assembly The Constitutional Court of Montenegro held, that the Ministry of Health strucked a proper balance between competing fundamental rights and constitutional interests, when it issued decrees restricting severely freedom of movement and right to assembly to combat the Covid-19 pandemic. The Constitutional Court of Montenegro heard a claim against the decrees of the Ministry for Health restricting heavily freedom of movement and right to assembly during the first vawes of the Covid-19 pandemic. The Ministry ordered, that people in self-isolation should be supervised closely, including foreigners entering into Montenegro. Moreover, assemblies on public spaces, as well as larger private gatherings were banned. The Constitutional Court found that the measures of the Ministry were reasonable, and were based on a proper balancing of competing fundamental rights and constitutional interests. Non-compliance with public health orders is also sanctioned by criminal law, so the severe restrictions introduced by the decrees met with the principle of legality. Moreover, the interference of the Ministry had a legitimate aim, while the measures were necessary and proportionate, therefore, the claim was rejected. http://www.ustavnisud.me/ustavnisud/arhiva.php   https://www.covid19litigation.org/case-index/montenegro-constitutional-court-montenegro-u-ii-2320-2020-06-30