Constitutional challenges and timely human rights protection in times of COVID-19 in Slovenia

The paper examines the Slovenian Constitutional Court’s case law dealing with the constitutionality of (mainly) governmental measures adopted to contain the pandemic, such as the temporarily prohibition of movement outside the municipality of one’s residence, the temporary prohibition of gatherings of children with special educational needs in educational institutions, the nationwide night-time curfew, and the temporary prohibition of peaceful assembly. Unlike in some other jurisdictions, in Slovenia no state of emergency has been declared. The adopted measures have nonetheless provided a significant impact on lives over a prolonged period of time. They have severely constrained human rights and thus provoked many constitutional challenges. The paper explores various constitutional issues arising from the contested measures in the context of the fight against the pandemic. It also addresses the question whether the Constitutional Court has timely engaged in adjudicating these measures.