Publication details
Nouzové zákonodárství a roušky
| Title in English | Emergency Legislation and Face Masks |
|---|---|
| Authors | |
| Year of publication | 2020 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | Enabling act; emergency legislation; state of emergency; face mask; coronavirus. |
| Description | The text deals with the position of emergency legislation, ie the possibility of creating legislation to replace laws. The article contains a brief history of regulations with the power of law issued by the government. The subject of the article is also the measures of the government and the Ministry of Health in connection with the coronavirus crisis. The article concludes that emergency legislation in exceptional times is a necessity for the state, but it can only be applied if the constitutional order allows it. Under the current legislation, the imposition of duties by the executive is possible only in accordance with the Constitutional Security Act. The conditions for such an impostion of duties are: a declared state of emergency and the government is responsible for the decision. Measures of the Ministry of Health setting out obligations that are not explicitly mentioned in the law have no constitutional support. The article criticizes the fact that the government's crisis measures, which impose obligations on citizens, do not take the form of a legal regulation, even though they are materially assessed as a legal regulation by the Constitutional Court. |