The outbreak of CODIV-19 has brought immense suffering and death to a considerable number of people around the world. It has impacted fundamentally the functioning of States, their democratic institutions, and legal systems. Therefore, it is understandable that governments have and are continuing to resort to exceptional measures in seeking to get control over the spread of COVID-19.

There have been taken several measures from the states that inevitably restrict the fundamental rights of citizens in ways that can be justified only in these extraordinary circumstances.

In these circumstances, “Bitri & Bakiu” Attorneys at Law, as an institutional member of the European Law Institute (ELI), a non-profit organization which is based on the contribution, research, recommendations, and provision of practical guidance in the field of European law, wants to put forward a summary of some of the important legal issues that arise concerning the COVID-19 crisis prepared by European Law Institute.

In this summary are set out 15 principles that are addressed to all European States whether or not Member States of the EU and are intended to guide the states during this pandemic times that everything is done under the rule of law and democratic values.

Despite the unprecedented situation created by the pandemic, fundamental human rights and freedoms enshrined not only in primary EU legislative rules, such as the Treaty on European Union (TEU), the Treaty on the Functioning of the European Union (TFEU), and the Charter on Fundamental Rights and Freedoms (CFREU) but also in the European Convention on Human Rights (ECHR) and the constitutions of States throughout Europe, must be preserved and maintained.

The COVID-19 crisis does not justify any kind of discrimination based on nationality or any of the other criteria and in the situations recognized as unacceptable under anti-discrimination laws in Europe.

Also regarding the principle of democracy, states should be careful about the measures that they take because some of them might result in a repressive or authoritarian course of action and undermine the democratic system in Europe. This also applies to the lawmaking principle, meaning that the Government should not abuse with the crisis and promote policies unrelated to COVID-19.

The judicial system should maintain a minimum level of operation to deal with urgent cases, providing the right to a fair trial. Regarding employment and the economy, states should update employers and employees with information about Covid-19 and provide them the highest standards of health and safety protection appropriate to their work.

The above-mentioned principles and more you will find in the summary prepared by Eli Principles for the Covid-19 in the link below.