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On Tuesday, after the presentation, 46 members of the Seimas voted in favor of the reforms to the Law for the Prevention and Control of Communicable Diseases of People, 48 against and 12 deputies abstained. They were rejected by 57 votes.
Conservative member Kęstutis Masiulis criticized the former head of the government for leaving the country in the worst place of the pandemic and is now proposing amendments to the law that would prevent the current government from functioning successfully. “I give it ten for cynicism,” said K. Masiulis.
Meanwhile, S. Skvernelis said that he wanted the Seimas Ethics and Procedures Commission to respond to such irresponsible and false statements, which he promised to go to.
If the quarantine lasts for more than four months, S. Skvernelis proposed to enshrine in the law that the Seimas would announce and revoke the quarantine of the territories in the entire territory of Lithuania or in several municipalities, would approve their size, limits, duration and regime .
After assessing the topical issue of the restriction of constitutional human rights during the quarantine, members of the Lithuanian Farmers and Greens Union faction, former Prime Minister Saulius Skvernelis, prepared the amendments to the Prevention and Control Act of communicable diseases of people, Algirdas Stončaitis and Lukas Savickas.
“Once the situation has stabilized and the expected results of the quarantine have occurred, it is reasonable to assume that a period of four months is more than enough for the application of extreme measures. Therefore, it is convenient to return to the management of the parliamentary republic and give the right to the Seimas, the representation of the nation, to decide on the quarantine regime and the restrictions that accompany it ”, say the authors of the project.
According to them, the Constitution imperatively establishes that fundamental human rights can only be restricted by the Seimas and only by law for the reasons provided for in the Constitution.
The authors of the amendments to the law also point out that the restrictions established by the Government Resolutions on the Announcement of Quarantine in the Territory of the Republic of Lithuania practically correspond to those established in the Emergency Law (vehicle restriction, etc.) .
“A very important guarantee of individual rights in the event of an emergency is the provision of the Emergency Law that this emergency cannot be imposed for a period exceeding six months.
After its expiration, the issue must be reconsidered by the Seimas. This guarantee of personal rights in case of quarantine does not exist. Thus, although the Government acts in accordance with the powers conferred upon it when announcing the quarantine regime and the restrictive measures established by the Government’s resolutions pursue constitutionally justified and lawful objectives, evaluating the arguments presented, it is reasonable to consider that the Seimas should consider quarantine for more than four months.
Parliamentary scrutiny is crucial when decisions have a significant impact on people’s rights and freedoms, ”the explanatory memorandum states.
It points out that the quarantine restrictions imposed have had extremely serious negative consequences for the Lithuanian economy and population, so the legitimacy of the actions of the state government in announcing / continuing the quarantine is very important in this situation.
With the new proposed legal regulation, the right delegated to the Seimas would ensure a more effective control of quarantine restrictions, in addition to acting as an excellent preventive measure against possible future lawsuits against the State, since complaints from natural and legal persons are already disproportionate restrict or even deny certain human rights ”, say deputies S. Skvernelis, A. Stončaitis and L. Savickas.
Current law stipulates that the duration of the quarantine of territories cannot exceed 3 months. If, at the end of this period, the need to limit the spread of communicable diseases persists, the quarantine of the areas may be extended for an additional period not to exceed one month at a time. The territorial quarantine is announced and revoked, its size, limits, duration and regime are approved throughout the territory of Lithuania or in several municipalities – by the Government at the proposal of the Minister of Health; in the territory of a municipality – the Government at the joint proposal of the director of the municipal administration and the Minister of Health.
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