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Measures against koronasmitte challenge the rule of law and the Constitution. The local politicians can allow themselves to push to the strict smitteverntiltak. Scary many accept the very restrictive measures without that it is good enough democratic and legally anchored.
It believes a lawyer and former lagdommer Brynjar capital economics in Tromsø.
today, he is partially been heard: Some northern municipalities alerts now that they will drop the requirement of quarantine for people who come from the south. Municipalities must take a position on the matter in the course of the week, because the rules do not apply more than seven days at a time.
It has been a hard debate about søringkarantene. A jussprofessor believed the scheme was illegal, while the government gave the information that the police should not enforce the rules.
Olav Gunnar Ballo believes that the municipalities are being overrun.
Photo: Andre Bendixen / NRK
Kommuneoverlege in Loppa, Olav Gunnar Ballo, but if the County prevents smittevernarbeidet through to drive lovlighetskontroll of the municipalities.
He wrote an opinion piece about the case together with the leaders of the Finnmark county medical association, and elaborated on his views towards the NRK.
Small step in the dangerous direction
Attorney capital economics, is, however, concerned that so many are willing to disregard the laws and human rights in the fight against the pandemic.
– Smittevernvedtak will often interfere with the general freedom that we all have in our self-expression. It required a solid legal basis to curtail these freedoms, ” said capital economics.
He refers to the fact that the Constitution has a separate section that gives everyone the right to roam freely within Norway.
– In a rule of law and have the citizens demand that intervention occurs in a legal way. If you give up on it, you go over in a samfunnsform that we would rather not have, with the arbitrariness and uncertainty for the citizens.
capital economics believes we could get many small steps in the wrong direction.
– Now, we have seen the curtailment of the travel options. Yes well – what is next? It is the long lines one has to look at when considering about the rule of law is threatened or not. I’m surprised how many agree to virtually any action and that blows a little bit of this with the rule of law and formalities.
capital economics believes Ballo and the other doctors have an honest commitment to the citizens – but:
– What to say the next time someone has an honest commitment to a cause that in and of itself is good? One should also then look away from the jussen? When venturing out out on a path that can end in a completely different place than you imagined.
Has not stopped any
– We have not stopped a only søringkarantene, says the regional Elisabeth Vik Aspaker.
Photo: Tonje Hareland / NRK
Also the regional Elisabeth Vik Aspaker responds to Ballos claims. The county has revoked the decision of the three municipalities, but Aspaker highlights:
– the County has not stopped a single søringkarantene. We have required that the decisions should be well reasoned, for they are so restrictive. The municipalities have made the new decision and retained his karantenebestemmelser.
Attorney capital economics defends that the County intervene against illegal karanteneregler.
– That I think is important, for the local can you get in the damage for the taking of small regard to the principal aspects of this. Therefore, it is advantageous that the one who has more distance to this review. One should also not disregard that the local politicians can be subjected to a pressure that pushes the limits of the law and take action that goes too far.
More about koronaviruset StatusRåd and infoØkonomiSpør NRK Status NorgeSist updated: 14.04.20206613Smittet202Innlagt140Dødestatus for Norway