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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, registered the amendments to the Prevention and Control Act of communicable diseases of people Skvernelis, Algirdas Stončaitis and Lukas Savickas.
“Faced with extremely high risks to public health and safety, the application of strict quarantine conditions, especially throughout the country, is a last resort, so it is natural that this decision should be made quickly, often without time to discuss it with However, once the situation has stabilized and the expected results of the quarantine have been implemented, and it can be reasonably assumed that a period of four months is more than enough to take extreme measures, it is appropriate to return to the regime parliamentarian and give the Seimas, – 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 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 correspond practically to those established in the Law of the State of Emergency (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 Government resolutions, they pursue constitutionally justified and lawful objectives. Considering the arguments presented, it is reasonable to consider that the Seimas should consider Parliamentary scrutiny is crucial when decisions have a significant impact on the rights and freedoms of people ”, states the explanatory memorandum.
He points out that the imposed quarantine restrictions have had extremely serious negative consequences for the Lithuanian economy and population, so the legitimacy of the state government’s actions to announce / continue 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 disproportionately restrict or even deny certain human rights, ”say deputies S. Skvernelis, A. Stončaitis and L. Savickas.
Current law stipulates that the quarantine period 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 can 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.
After the resumption of the unfavorable epidemiological situation, the Government on November 4 announced the quarantine for the second time throughout the territory of Lithuania through a resolution. The duration of the quarantine regime is from 2020. November 7 00:00 until 2021 March 31 24:00
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