POLITICAL AND CONSTITUTIONAL APPROACH TOWARD COVID 19: THE CASES OF KOSOVO AND CROATIA
This paper analyzes the political and constitutional confrontation of Kosovo and Croatia with the COVID-19 pandemic. The similarities of the constitutional provisions governing emergency situations and possible restrictions on human freedoms and rights in both countries, alongside hybrid parliamenta...
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | deu |
| Published: |
University of Rijeka, Faculty of Law
2021-01-01
|
| Series: | Zbornik Pravnog Fakulteta Sveučilišta u Rijeci |
| Subjects: | |
| Online Access: | https://hrcak.srce.hr/file/394194 |
| _version_ | 1797206792126595072 |
|---|---|
| author | Murat Jashari Behar Selimi Islam Pepaj |
| author_facet | Murat Jashari Behar Selimi Islam Pepaj |
| author_sort | Murat Jashari |
| collection | DOAJ |
| description | This paper analyzes the political and constitutional confrontation of Kosovo and Croatia with the COVID-19 pandemic. The similarities of the constitutional provisions governing emergency situations and possible restrictions on human freedoms and rights in both countries, alongside hybrid parliamentary systems with strong presidents, have produced the same approaches, respectively similar in political and constitutional terms as well as in the academic and professional aspect. Therefore, this paper is focused more on government responses to the situation, including divergences between presidents and governments, as well as constitutional court approaches and respective academic opinions on the subject axis: extraordinary measures within the ordinary or extraordinary legal order with a formal declaration of a “State of Emergency”. Both countries set out for the first model, contenting themselves with amending legal frameworks without a formal declaration of a state of emergency. How and why, it happened is explained in the second and third parts of the paper, resulting in conclusions and recommendations. |
| first_indexed | 2024-04-24T09:12:38Z |
| format | Article |
| id | doaj.art-533cbee17a5a4491860a7077034edea7 |
| institution | Directory Open Access Journal |
| issn | 1330-349X 1846-8314 |
| language | deu |
| last_indexed | 2024-04-24T09:12:38Z |
| publishDate | 2021-01-01 |
| publisher | University of Rijeka, Faculty of Law |
| record_format | Article |
| series | Zbornik Pravnog Fakulteta Sveučilišta u Rijeci |
| spelling | doaj.art-533cbee17a5a4491860a7077034edea72024-04-15T17:33:19ZdeuUniversity of Rijeka, Faculty of LawZbornik Pravnog Fakulteta Sveučilišta u Rijeci1330-349X1846-83142021-01-0142381783510.30925/zpfsr.42.3.12POLITICAL AND CONSTITUTIONAL APPROACH TOWARD COVID 19: THE CASES OF KOSOVO AND CROATIAMurat Jashari0Behar Selimi1Islam Pepaj2Faculty of Law, University of Prishtina “Hasan Prishtina”, Prishtina, KosovoFaculty of Law, “UBT College”, Prishtina, KosovoFaculty of Law University of Prishtina “Hasan Prishtina”, Prishtina, KosovoThis paper analyzes the political and constitutional confrontation of Kosovo and Croatia with the COVID-19 pandemic. The similarities of the constitutional provisions governing emergency situations and possible restrictions on human freedoms and rights in both countries, alongside hybrid parliamentary systems with strong presidents, have produced the same approaches, respectively similar in political and constitutional terms as well as in the academic and professional aspect. Therefore, this paper is focused more on government responses to the situation, including divergences between presidents and governments, as well as constitutional court approaches and respective academic opinions on the subject axis: extraordinary measures within the ordinary or extraordinary legal order with a formal declaration of a “State of Emergency”. Both countries set out for the first model, contenting themselves with amending legal frameworks without a formal declaration of a state of emergency. How and why, it happened is explained in the second and third parts of the paper, resulting in conclusions and recommendations.https://hrcak.srce.hr/file/394194KosovoCroatiaCOVID-19State of EmergencyConstitutional CourtHuman Freedoms and Rights |
| spellingShingle | Murat Jashari Behar Selimi Islam Pepaj POLITICAL AND CONSTITUTIONAL APPROACH TOWARD COVID 19: THE CASES OF KOSOVO AND CROATIA Zbornik Pravnog Fakulteta Sveučilišta u Rijeci Kosovo Croatia COVID-19 State of Emergency Constitutional Court Human Freedoms and Rights |
| title | POLITICAL AND CONSTITUTIONAL APPROACH TOWARD COVID 19: THE CASES OF KOSOVO AND CROATIA |
| title_full | POLITICAL AND CONSTITUTIONAL APPROACH TOWARD COVID 19: THE CASES OF KOSOVO AND CROATIA |
| title_fullStr | POLITICAL AND CONSTITUTIONAL APPROACH TOWARD COVID 19: THE CASES OF KOSOVO AND CROATIA |
| title_full_unstemmed | POLITICAL AND CONSTITUTIONAL APPROACH TOWARD COVID 19: THE CASES OF KOSOVO AND CROATIA |
| title_short | POLITICAL AND CONSTITUTIONAL APPROACH TOWARD COVID 19: THE CASES OF KOSOVO AND CROATIA |
| title_sort | political and constitutional approach toward covid 19 the cases of kosovo and croatia |
| topic | Kosovo Croatia COVID-19 State of Emergency Constitutional Court Human Freedoms and Rights |
| url | https://hrcak.srce.hr/file/394194 |
| work_keys_str_mv | AT muratjashari politicalandconstitutionalapproachtowardcovid19thecasesofkosovoandcroatia AT beharselimi politicalandconstitutionalapproachtowardcovid19thecasesofkosovoandcroatia AT islampepaj politicalandconstitutionalapproachtowardcovid19thecasesofkosovoandcroatia |