The state-mandated quarantine was not in accordance with the constitution – TVNOVINY.sk

The state-imposed quarantine was not in accordance with the Constitution of the Slovak Republic.

About the decision Of the Constitutional Court of the SR after Wednesday’s (December 8) closed session of the plenary, the chairman Ivan Fiačan and the judge rapporteur Martin Vernarský informed.

She initiated this matter at the Constitutional Court Public Defender of Rights Mária Patakyová and the judges asked for an assessment of the constitutionality of certain interventions in rights during the pandemic.

The Constitutional Court thus found the Ombudsman right that state facilities and hotels in which the government held repatriates after returning from abroad violated the right to personal liberty. The state set up quarantine facilities during the first wave of the coronavirus to isolate Slovaks who returned from abroad. However, the Constitutional Court claims that they had no right to do so.

Repatriates cannot sue the state

In their decision, the judges also stated that such a decision does not establish a legal right of repatriates to sue the state.

“It does not create compensation claims as a result of ordered measures based on unconstitutional provisions and applied to their addressees at a time when the non-compliance of these provisions has not yet been pronounced by the Constitutional Court,” it states, inter alia, in the decision.

In the future, however, the state can no longer use quarantine facilities, but the mandatory domestic quarantine is in order according to the Constitutional Court.

ÚVZ response

We take note of the court’s decision by the Public Health Office. As the media reported, the communication department will comment on it only after “having thoroughly acquainted itself with the decision.”

A week ago, ÚS decided that the issuance of anti-pandemic measures by the ÚVZ in the form of decrees as generally binding legal regulations is in accordance with the constitution. The legal regulation was challenged at the CC by the Prosecutor General of the Slovak Republic, Maroš Žilinka.