Ustavnost vanrednih mjera povodom pandemije COVID-19 u BiH
Constitutionality of emergency measures and legal consequences of COVID-19 pandemic in BiH

Author(s): Jasmin Muratagić
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; emergency measures; Constitution; human rights;
Summary/Abstract: Emergency measures, which the executive powers in BiH put in place tackling COVID-19 pandemic, are relevant in context of the rights and freedoms guaranteeded in the BiH Constitution. By violating freedom of movement, expression as well as freedom of assembly, executive power in BiH left citizens in state of legal uncertainty. Failure to coordinate prevention and public health activities and measures of entities and Brčko District BiH led to a violation of art. I/2 of the BiH Constituton. Different emergency measures throughout BiH infringed principle of legal normative hierarchy from art. III/3.b), which resulted in inconsistency and discriminatory legal solutions in contrast with imperative on prohibition of discrimination stipulated in art. II/4 of the BiH Constitution.

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