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 22. 2020. | No IУо-42/2020. | Constitutional Court of Serbia | State of emergency | The Constitutional Court of Serbia held that the declaration of state of emergency in March 2020. by the joint decree of the President of the Republic and the Prime Minister, also approved by the National Assembly was constitutional. | The Constitutional Court of Serbia merged several claims submitted against the declaration of state of emergency in Serbia in March 2020. due to the Covid-19 pandemic. The state of emergency was declared by the joint decree of the President of the Republic and the Prime Minister, also approved by the National Assembly. The state of emergency was lifed on May 6. 2020. The Constitutional Court analysed the definition of state of emergency and also cited extensive ECtHR case law to outline the standards of its applicability. According to the reasoning, the Covid-19 pandemic amounted such a threat on the existence of the state and its citizens which justified the declaration of state of emergency. Moreover, the President of the Republic and the Prime Minister had the competence to declare state of emergency subject to parliamentary approval in the next sitting of the National Assembly. Apart from this, the duration of state of emergency shall not exceed 90 days. The state of emergency declared in March 2020. have complied with all these requirements, therefore, its declaration was constitutional. | http://www.ustavni.sud.rs/page/predmet/sr-Cyrl-CS/16219/?NOLAYOUT=1 | https://www.covid19litigation.org/case-index/serbia-constitutional-court-republic-serbia-case-no-iuo-422020-2020-05-22 | https://oxcon.ouplaw.com/display/10.1093/law-occ19/law-occ19-e7 | |
October 28. 2020. | No. 45/2020. | Constitutional Court of Serbia | Freedom of movement; criminal law | The Constitutional Court of Serbia held that the misdemeanors envisaged for the non-compliance with quarantine rules, imposed by the Ministry of Internal Affairs was unconstitutional. | Several initiatives challenged the constitutionality of a ministerial decree establishing a missdemeanor for those who violate the quarantine regime during the public health emergency. The claims submitted considered that the executive power has the possibility to restrict fundamental rights exclusively on the ground of explicit constitutional authorization, however in the present case, such authorization was missing. Moreover, criminal proceedings have been already ordered against those violating the quarantine regime, the concurring application of missdemeanors is not in harmony with the ban on double punishment provided by the Serbian Constitution and by the European Convention on Human Rights. The Constitutional Court accepted the arguments of the claimants and abrogated the impugned governmental measure. | http://www.ustavni.sud.rs/page/predmet/sr-Cyrl-CS/16517/?NOLAYOUT=1 | https://www.covid19litigation.org/case-index/serbia-constitutional-court-republic-serbia-iuo-452020-2020-10-28 | https://oxcon.ouplaw.com/display/10.1093/law-occ19/law-occ19-e7 |