Health Emergency as a Threat to Constitutional Principles and Human Rights
摘要
The COVID-19 pandemic posed an unprecedented challenge not only to public health systems but also to constitutional principles and human rights protections within the European Union. Governments across Member States introduced extraordinary measures, often restricting fundamental freedoms such as movement, assembly, and expression. While many of these actions were justified as necessary to safeguard public health, others raised serious concerns regarding proportionality, legality, and the risk of governmental overreach. This article examines the legal responses of EU Member States to the health crisis, highlighting the tension between public health imperatives and the preservation of democratic values. Particular attention is given to the risks of abuse of emergency powers, the adequacy of constitutional and statutory frameworks, and the role of international legal standards—especially those enshrined in the European Convention on Human Rights and the International Covenant on Civil and Political Rights. The analysis demonstrates that while temporary restrictions may be permissible, they must remain proportionate, limited in duration, and subject to parliamentary and judicial oversight. Ultimately, the pandemic underscores the need for resilient legal frameworks that can balance effective crisis management with the protection of fundamental rights and the rule of law.