Republika Chorwacji: wyrok Trybunału Konstytucyjnego z 3 lipca 2020 r. dotyczący prawa do głosowania osób znajdujących się w izolacji w związku z zakażeniem lub podejrzeniem zakażenia koronawirusem SARS-CoV-2, sygn. U-VII-2980/2020

Abstract

The parliamentary elections in Croatia were ordered for 5 July 2020. However, as the election date approached, the number of coronavirus infections increased, prompting the authority responsible for overseeing the conduct of the elections, i.e., the State Election Commission of the Republic of Croatia, to issue appropriate voting guidelines. People in self-isolation had the opportunity to vote only if the registration activities were completed by 2 July 2020, as this guaranteed a visit from a member of the election commission to whom they could pass the vote, but completely excluded infected persons from the vote. On 1 July 2020, one of the Croatian non-governmental organizations, the GONG, submitted a request to the Constitutional Court (supported by the signatures of several dozen citizens) to examine the legality of the elections, arguing that the state authorities are obliged to give each voter the possibility to vote in the elections. The Constitutional Court stated that the state authorities are obliged to create the legal possibility of exercising the right to vote guaranteed by the constitution for all citizens who express such wish, including those who have been diagnosed with SARS-CoV-2 (COVID 19) or any other infectious disease, and who, for this reason, remain in isolation.