Oikeussuoja tuomioistuimissa covid-19 -pandemian aikana
Avainsanat:
oikeussuoja, poikkeusolot, pandemiaAbstrakti
Judicial protection during the COVID-19 pandemic
This study examines the role of courts in ensuring judicial protection during emergencies and exceptional times more broadly. We review case law from Finnish courts (Supreme Administrative Court, Supreme Court) as well as European courts (Court of Justice of the European Union, EFTA Court, European Court of Human Rights) during the COVID-19 pandemic. The study focuses on case law related to pandemic governance or involving legal assessments related to the pandemic. In particular, we analyse court decisions regarding fundamental rights restrictions introduced during the pandemic. We present transversal observations from the case law and reflect on the role of courts in ensuring judicial protection during the pandemic and in crises more broadly. Our conclusions suggest that both Finnish and European case law highlight safeguarding active judicial protection as the courts’ role, which is in principle independent of the regulation of emergencies or exceptional times more broadly.
