Abstract
This paper briefly analyses the legislation of the state’s liability for the measures adopted in relation to the epidemic of coronavirus in the period of the state of emergency, it especially deals with the state’s liability for damage accrued upon entrepreneurs in a casual relation to the restriction of the right to engage in enterprise. The aim of the paper is to carry out a legal analysis of liability for damage according to the Crisis Act on one hand, and of liability for damage caused by the terminated measures of the state according to the Act referring to the protection of public health, on the other hand. The paper provides a practical guideline for claiming damages and draws attention to the limits of such claims.
Highlights
After the pandemic outbreak numerous studies that reflect the impact of the corona virus crisis from the medical, economic, social, environmental as well as legal points of view started to appear
3.1.1 Liability for damage according to the Crisis Act
Regarding the institute of state of emergency, it provided in Article 5 as follows: ‘The government may declare a state of emergency in the event of natural disasters, environmental or industrial accidents, incidents or other dangers which pose a significant threat to lives, health or property, or internal order and safety
Summary
After the pandemic outbreak numerous studies that reflect the impact of the corona virus crisis from the medical, economic, social, environmental as well as legal points of view started to appear. Firano and Fatine [1] model the economic consequences of the epidemic in Morocco in their research, and they emphasize that the choice of the restrictive policy has enabled reduction of the negative medical impacts of the pandemic. Another study [8] emphasizes that the COVID-19 pandemic has forced the society worldwide to resort to social distancing to slow down the spreading of the SARSCoV-2 virus. Studies exist that point out the fact that the negative economic impact of the Covid 19 virus spreading might have political consequences and give rise to the strengthening of extremist groups and opposition movements and escalate into armed conflicts [9]. A study by Neumeyer et al [10] on the other hand points out that Covid 19 represents a great challenge to entrepreneurs and an opportunity towards a permanently sustainable and circular economy
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