A legal analysis of Kosovo's use of the state of emergency during the Covid-19 pandemic

The legal regulation of the state of emergency is a very wide and controversial due to the fact that the tension between the branches of government, which is not so obvious in everyday life, is often more transparent in cases of state emergency. This tension appeared in many countries as well as in...

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Bibliographic Details
Published in:Journal of legislative studies 2024-10, Vol.30 (4), p.549-569
Main Authors: Xhemajli, Haxhi, Çeku, Nur
Format: Article
Language:English
Subjects:
parliamentary oversight
protection of human rights
separation of powers
State of emergency and COVID-19
Citations: Items that this one cites
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Summary:The legal regulation of the state of emergency is a very wide and controversial due to the fact that the tension between the branches of government, which is not so obvious in everyday life, is often more transparent in cases of state emergency. This tension appeared in many countries as well as in Kosovo during the application of the measures to deal with the COVID-19 pandemic, and which revolves around whether the parliament should decide on the measures taken and their financing, or if this responsibility falls within the purview of the executive branch. This paper analyses the legality of the actions taken by the government during the pandemic. Further, it examines the legal ramifications of declaring a state of emergency, the resulting tension between the branches of government and measures taken to ensure respect for human rights.
ISSN:1357-2334
1743-9337
DOI:10.1080/13572334.2022.2116887