Restrictions on Movement to and from Uusimaa Region as a Temporary Derogation From Fundamental Rights Under Section 23 of the Constitution
DOI:
https://doi.org/10.33344/vol11Ypp12-33Keywords:
constitutional law, freedom of movement, temporary derogation from fundamental rights, Emergency Powers Act, proportionality principle, inviolability of the core content of rightsAbstract
Section 23 of the Constitution of Finland allows temporary derogations from fundamental rights during a state of emergency. This article examines whether the restrictions of movement between Uusimaa region and the rest of Finland during the spring 2020 Covid-19 crisis can be considered derogations under Section 23 of the Constitution, as the Constitutional Law Committee did. The question is twofold: did the restrictions exceed the boundaries of ordinary limitations to fundamental rights, namely the inviolability of the core content and the prohibition of exceptional and nonspecific measures, and, if the answer is positive, did they fulfil the conditions for derogations? It is argued that the restrictions did exceed the limits for ordinary limitations to fundamental rights at least due to their exceptional and nonspecific nature. The restrictions also seem to fulfil the constitutional requirements for derogations, even though the application of the proportionality principle by the Committee was somewhat superficial.
