Koronavirus u pravnom poretku BiH: kratka dijagnoza bolesti
Corona virus in the legal order of Bosnia and Herzegovina: a brief diagnosis of the disease

Author(s): Harun Išerić
Subject(s): Constitutional Law, Human Rights and Humanitarian Law, Public Law, Evaluation research, Health and medicine and law
Published by: Fondacija Centar za javno pravo
Keywords: BiH; public law; COVID-19; human rights; Republika Srpska; Constitution;
Summary/Abstract: The Paper examines two main issues: interference with human rights during COVID-19 crises and declaration of the state of emergency in Republika Srpska (RS) as well as number of orders issued by different civil protection headquarters. The research shows that interference hardly meets legality and proportionality tests. State of emergency declaration in RS is found to be unconstitutional as well as number of orders issued by municipal and cantonal civil protection headquarters since they have been violating freedom of movement clause from the Constitution of Bosnia and Herzegovina. Civil protection headquarters become alienated decision-making bodies as executive failed to supervise their activities. In the meantime, parliamentary oversight in whole country has been a dead letter. Finally, coordination and harmonization of public authorities’ actions in combating COVID-19 has not been achieved.

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