Proporcjonalność a ograniczenia wolności przemieszczania się i wyznania w czasie pandemii koronawirusa – kazus Grecji

Abstract

Proportionality versus Restrictions on Freedom of Movement and Religion During a Coronavirus Pandemic: The Case of Greece The text discusses selected legal solutions used to deal with the coronavirus pandemic and restrictions on freedom of movement and religion in the Hellenic Republic introduced on their basis. The restrictions introduced in the initial phase of the pandemic, in the period between March and July 2020, were analyzed in terms of compliance with the proportionality principle. The main legal instrument used to deal with the pandemic were the ordinances of the President of the Republic. These are normative acts issued by the President of the Republic at the request of the Council of Ministers. Based on these regulations, the Council of Ministers reacted relatively quickly to the changing conditions caused by the pandemic, in particular the increase in the number of infections. The greatest limitations of constitutional freedoms and rights concerned freedom of movement. Greek citizens had to obtain a pass in the form of an SMS message each time. The pass system was met with reluctance by the Greek public. In particular, the rules for the collection and processing of personal data were not defined as a legal act. The rulers issued only soft law document. There were also doubts about the unlimited storage time of data of patients suffering from coronavirus and the method of anonymizing data obtained from passes. Regarding freedom of religion, Greece has generally banned religious practice in temples by persons other than those directly celebrating. The disease statistics show that the measures chosen by Greece during the period under review have been successful. The state handled the pandemic relatively well. Whereas, the courts recognized the compliance of the adopted restrictions with the Constitution.