In times of epidemics must accept companies with massive restrictions on their public life. So also in the current Corona-crisis. It is, for all to see, in the case of fixed-term contact is forbidden, home and Travel bans to slow the spread of the disease. Now, however, some Central and South – Eastern European countries make use of the Corona-crisis, to the rule of law to overturn it, with no better prospects of success in the fight against the epidemic.
above All, Hungary is. Last Friday, the government of Viktor Orbán presented the draft enabling law that provides the Executive of indefinite duration with dictatorial powers. This “law for the protection against the Corona Virus” should at the latest be approved.
Already, the government can rule made in Hungary with special powers, since she has declared a state of emergency, called in Hungary “danger situation”. However, it is applicable only for 15 days and must be renewed by Parliament again and again.
Perpetual danger of the situation and the new offences
in Contrast, the new law provides that the risk applies to a situation after a one-time vote by the Parliament indefinitely, and the government for the protection of the population and to stabilize the economy decrees may be adopted, which can also deviate from the law. The work of the Parliament is to be suspended during the duration of the danger situation, elections and referendums should not take place, only the constitutional court is expected to days. When the danger ends, decides the design, according to the government.
in Addition, the bill introduces two new offences: Whoever obstructs disease control measures, depending on the gravity with up to eight years in prison. And: Who spreads the dangerous places or in a dangerous situation, false or distorted news, you can be punished by up to five years in prison.
The proposed law to be adopted next week by the Parliament. Two – thirds of the votes of the rich- about you, Orbán’s government majority.
concern about the draft law,
Hungary’s Opposition criticized closed the bill as “the introduction of the total Power for Orbán,” and as a “blank check for the Rule by decree”. Your approval of a limited duration of the proposed regulations and of other legal guarantees of a dependent.
Also, many of the Hungarian non-governmental organizations and commentators expressed great concern about the bill, including the left-wing philosopher Gáspár Miklós Tamás. “If we see that the Orbán government uses the epidemic as a pretext to an open, formal dictatorship, to introduce”, he asks in an article for the magazine HVG, “how can we believe that restrictive measures justified and are justified?”
in other Southeast European countries, the disease serves as a pretext for dubious legal state restrictions. So, about four member States of the Council of Europe – Armenia, Latvia, Republic of Moldova and Romania – announced so far, a so-called Derogation from the provisions of the European Convention on human rights. This can be set in these countries during the emergency situation of a part of the citizens ‘ rights to be in force. Critics refer to these measures as completely disproportionate.
In Bulgaria, the President of a put Radev Rumen vetoed a controversial law on state of emergency measures. The law was originally, similar to that in Hungary, the prison sentences for the dissemination of false information about infectious diseases. A more controversial regulation empowers the army to implement emergency measures, which are typically the responsibility of the police, including identity checks. Surprisingly, a part of the coalition government accepted the Veto Radevs. However, it remains open whether or not similar provisions to be re-formulated. The Parliament will have to vote in the coming days.
Controversially, the Corona-Management is a discussion of some of the presidents and governments in Western Balkan countries. In Serbia, accusing politicians of democratic opposition parties, independent legal experts, the President of the Republic, Aleksandar Vucic, on 15. March imposed to have a state of emergency without a constitutional basis call – in order, according to the critics, is Serbia away, “a step of dictatorship.”
In Albania, announced Prime Minister Edi Rama sharpest penalties for all that curfews do not comply with, and sent armored vehicles with machine guns on patrol driving through the capital city of Tirana – what opposition politicians led to sharp criticism.
In Montenegro, in turn, the government published on its website a continuously updated list containing the names and addresses of citizens who were quarantined. According to a statement from the Prime Minister Duško Marković was necessary because the authorities could not control all such persons, therefore, the need to inform citizens. It is now to health and life, so Marković, it was no time for debates about the legal nuances and the protection of personal data. Of the Montenegrin human rights activists came to the heavy criticism of this practice you speak of a “call to Lynch”.
author: Keno taking place
*The contribution of “Corona-the crisis in South East Europe: quarantine for the rule of law” is published by Deutsche Welle. Contact with the executives here.