Publication details
Mimořádná opatření Ministerstva zdravotnictví vydávaná v období od 24.03.2020 do 24.04.2020 a zásada nemo turpitudinem suam allegare potest
| Title in English | Extraordinary measures of the Ministry of Health issued in the period from 24.03.2020 to 24.04.2020 and the principle nemo turpitudinem suam allegare potest |
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| Authors | |
| Year of publication | 2021 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| Web | https://www.beck-online.cz |
| Keywords | coronavirus; state of emergency; Resolution of the Government of the Czech Republic; extraordinary measures of the Ministry of Health; nemo turpitudinem suam allegare potest |
| Description | In the context of the global coronavirus pandemic, the Czech Republic took measures in early 2020 to prevent or at least slow down the spread of coronavirus. At first it was a resolution of the Government of the Czech Republic declaring a state of emergency for the territory of the Czech Republic in accordance with Constitutional Act No. 110/1998 Coll., On the Security of the Czech Republic, as amended, then it was a resolution of the Government of the Czech Republic adopted pursuant to Act No. 240/2000 Coll., on Crisis Management and on Amendments to Certain Acts (Crisis Act), as amended (hereinafter the “Crisis Act”), which introduced certain restrictions, such as a ban on the sale of accommodation services, a ban on operation restaurants and much more. However, Section 36 of the Crisis Act regulates compensation for damage to which the state is obliged in the event that it arose in a causal connection with crisis measures and exercises carried out in accordance with the Crisis Act. Shortly after the promulgation of the resolution of the Government of the Czech Re-public pursuant to the Crisis Act, the professional and non-professional public began discussing whether Section 36 of the Crisis Act would be applied in this case as well. However, the government's response did not take long when, with effect from 24.03.2020, instead of a resolution of the Government of the Czech Republic, extraordi-nary measures of the Ministry of Health pursuant to Act No. 258/2000 Coll., On Public Health Protection and on Amendments to Certain Related Acts, as amended, began to be issued. subsequent regulations (hereinafter referred to as the “Public Health Protec-tion Act”), which does not contain provisions governing damages. However, the extraordinary measures of the Ministry of Health were annulled by a judgment of the Municipal Court in Prague of 23.04.2020, file no. 14 A 41/2020, which was subsequently annulled by a judgment of the Supreme Administrative Court of 26.02.2021 file no. 6 As 114/2020. The aim of this paper is to answer the question whether the extraordinary measures of the Ministry of Health issued under the Public Health Protection Act were in accord-ance with the legal order of the Czech Republic, or whether it was a circumvention of compensation for damages threatening the government of the Czech Republic, resp. Czech Republic. |
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