Pandemic and the constitutional law in the Czech Republic

The Covid or Chinese flu pandemic put a number of countries in a state of emergency. Whether this state is explicitly a state of emergency is not decisive, since various legal systems use various terms, but it is decisive that in respect of its power the Czech state uses collective and blanket bans to regulate persons differently than under normal conditions. The article deals with the impact of the Covid pandemic on the legal system. It points out to the deficiencies in the current legislation. Its basic idea is that the fundamental legal solution to states of emergency must be represented by constitutional regulation. It determines areas in which the Constitutional Act on the Security of the Czech Republic should be amended. Constitutional embodiment of emergency lawmaking with executive power is suggested along with introducing controls by the Chamber of Deputies and with obligatory inspection of emergency legislation acts by the Constitutional Court. It is also suggested for a form of legislation to be thoroughly used for blanket bans and orders in preference to a form of a special administrative decision – measure of a general nature. The experience with the Covid pandemic approved that the legal solution to a crisis must stem in the constitutional legislation. A regular act cannot represent the basis. This constitutional legislation may in the future also be the constitutional act on security. Although it is appropriate to amend it in the following areas: 1. Introduce the possibility of emergency legislation issued by the executive power. 2. Introduce parliamentary review of individual emergency legislation acts. 3. Introduce mandatory review of emergency legislation acts by the Constitutional Court. 4. In the case of general bans issued by the Ministry of Health amend their provisions from general nature to sublegal regulation

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