Area, Extent, and Restriction of Fundamental Rights During the Special Legal Order, with Exceptional Regard to the Epidemiological Situation in the Territory of the Slovak Republic

  • Dávid Kaščák Department of Criminal Law, Ministry of Justice of the Slovak Republic
Keywords: fundamental rights, epidemiological situation, coronavirus, COVID-19, special legal order in the Slovak Republic


The Slovak Republic, as other countries around the world, was affected by the coronavirus pandemic in the first half of 2020. This epidemiological situation has had a substantial social impact on the basis of which it was necessary to take measures that affected the daily lives of individuals. To prevent the spread of the coronavirus, states have often been forced to apply restrictions that were on the verge of acceptance in terms of respect for fundamental rights. Interference with such sensitive issues as fundamental rights and the adaptation of urgent and immediate measures to minimise the spread of the coronavirus had to be effective and conform to the requirements of balance and mutual proportionality. In 2020, the Slovak Republic, as many countries, faced difficulties in the fight against the coronavirus. This paper focuses on this global problem, the steps taken by government officials in the Slovak Republic, and the theoretical basis for respecting and exercising fundamental rights in this area. The aim of the introduction of this professional article is to present the anchoring of fundamental rights and freedoms in the context of revolutionary events. The purpose of the remaining portions of this expert article is to explain and analyse the related and most discussed legal facts that have had a social impact following the discovery of the coronavirus in the Slovak Republic. An additional intention is to elucidate and generalise the solutions that have been introduced in the fight against the pandemic while noting the actual steps taken by the government over time.