<p>RESTRICTIONS ON IMPLEMENTATION OF FREEDOM OF MOVEMENT IN TIMES OF COVID-19 PANDEMIC BEFORE THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA: CONSTANT OR EVOLVING?</p>

Abstract

In democratic societies requirements on restrictions of implementation of freedom of movement remain a significant area challenged in different constitutional courts due to so-called the lockdown measures in times of COVID-19 pandemic. The question arises whether in Lithuania the standard of scrutiny on the level of protection of freedom of movement stays constant or evolves? Aiming to reveal these requirements, comprehensive analysis and comparison of them in the official constitutional doctrine of the Constitutional Court of the Republic of Lithuania is made. The author uses the holistic approach by evaluating the case law until the COVID-19 pandemic and during this pandemic, as well as after it. As the previous case law does not change, it also suggests position for the future providing some additional requirements for assesing constitutionality of legal regulation restricting implementation of non-absolute rights comprising the right of movement. These requirements are: constitutionally justifiable basis of restrictions, their necessity, temporal character, proportionality, equality, as well as possibilities for persons to implement other constitutional rights.