ZAGREB, 21 December, 2021 - Constitutional Court president Miroslav Šeparović said on Tuesday that in future the national COVID-19 crisis management team would have to explain its every decision in detail, and that the court's decisions applied to everyone, including the head of state.
Speaking to the press after the court ruled that the pandemic protocols are legitimate, Šeparović said the court delivered several decisions, primarily regarding the law protecting the population from infectious diseases.
He said the national crisis management team would have to explain its next decision already so that those to whom it applied and the public knew why it was made.
According to Šeparović, that will make it easier for the court to decide in future if the protocols are appropriate. "We have the authority to request that and that's not contentious."
As for the constitutionality of COVID certificates, Šeparović said they were based on the law and aimed at protecting people's health, notably of those who are most vulnerable.
"The measure is reasonable, it's based on expert and scientific papers. Therefore there is no discrimination," said Šeparović.
The Constitutional Court found that mandatory vaccination can be introduced only by law in parliament, which the court would then assess.
Šeparović said that in making its latest decisions, the court referred to Council of Europe recommendations on banning vaccination-based discrimination. "We also relied on the decisions of the German Constitutional Court, the best constitutional court in the world, which decided that curfews are not good, nor are bans on attending school."
Responding to a question, he said the government had until 24 December to provide the court with its explanation on the testing mandate in the public sector.
As for President Zoran Milanović's accusations against the Constitutional Court and prejudging of its decision on a referendum against COVID certificates, Šeparović said he would rather not comment on statements from politicians and state officials.
"Such statements have no influence whatsoever on the decisions of the Constitutional Court, which is independent and whose decisions are mandatory for everyone, including President Milanović."
