Political and constitutional approach toward COVID 19

Abstract

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.