Unconstitutional? Says WHO?

22.04.2020 - EB

Epidemiologists are in control here, and they were the ones who convinced PM Andrej Babiš to seal the borders in an order issued on March 12. To do this, the cabinet used the crisis law (§ 6 odst. 1 písm. b), which allows it to ban the "entry, presence and movement of individuals in or on specified areas or territories." Constitutional lawyer Jan Wintr argues that this was unconstitutional, because the entire world cannot be considered such a "territory." However, one day before the cabinet issued its order, the World Health Organization declared the disease covid-19 to be a pandemic. A pandemic, according to the WHO, is the "worldwide spread of a new disease." The WHO did not exclude any countries. As much as Pavel Rychetský and some other justices might be tempted to give Andrej Babiš a slap on the wrist, does anyone really think the Czech Constitutional Court will choose the Czech Constitution over the authoritative words of such an esteemed international organization?

Glossary of difficult words

to seal - to fasten or close securely;

esteemed - respected and admired.



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