[ad_1]
In the court’s opinion, the Government did not exceed its powers by declaring a state of emergency in the country, so the Government’s decision did not contradict the Constitution.
In the complaint, the Aukštaitija Implantology Clinic stated that in 2020 the Government March 14 After the quarantine, many restrictions and bans were imposed, causing some companies to suffer financial losses. According to the clinic, the government did not have the power to impose restrictions on economic activities and the restrictions imposed were disproportionate.
The Aukštaitija Implantology Clinic has asked the state to order nearly 34,000. damage suffered (loss of income).
The clinic also asked to suspend the examination of this administrative case and to ask the Constitutional Court if the Government had passed a resolution on the introduction of quarantine and some laws were not in conflict with the provisions of the Constitution.
However, the Vilnius Regional Administrative Court held that the Communicable Diseases Prevention and Control Act provided that the Government establish special conditions for people’s work, life, economic activities and other activities, including restrictions on activities economic. In addition, according to the court, the Civil Protection Law establishes that the liquidation of an emergency situation and the elimination of its consequences can temporarily restrict a person’s freedom of movement and property rights. Therefore, it was decided that the Government did not exceed its powers.
“The court is convinced that the government has taken proportionate measures; in this case, the public has faced an unprecedented spread of a deadly disease and the resulting emergency. Therefore, the government had to take known measures to stop the spread of the disease It was decided to apply the measures known at that time and applied throughout the world: isolation and limitation of contact (especially indoors).
The suspension of almost 2 months applied by the plaintiff, after evaluation and accompanied by support measures, met the criterion of proportionality in the judicial evaluation.
Therefore, in the opinion of the court, in the absence of illegal actions by the Government, the damage is not awarded to the plaintiffs, ”stated the Vilnius Regional Administrative Court in the report.
This decision can be appealed to the Supreme Administrative Court of Lithuania within 30 days.
[ad_2]
