Immunity of the Legal Order to Covid-19 Infection: The Response of the Albanian Legal Order to the Infection (Published)
The scope of this article is the analysis of the situation created by the Coronavirus which has been a risk to the health of the humans and at the same time has affected the legal systems in a country. In addition, this article will try to highlight likewise in the whole World, the same way the Albanian legal system is caught eminently unprepared to respond and protect “the right to health” and consequently the management of the Covid-19 pandemic. The situation of the pandemic in addition of being a great test for the human immunity, seems to have done the same for the ‘immunity” of legal systems in general and the Albanian system, on which the study will be focused mainly. Although the legal system provided for exceptional measures to respond to the situation in a subtle way in respect to fundamental rights, the Albanian government in particular and governments around the World seem to have been disoriented and have lost the thread to react in a natural way in respect to the provisions of the legal order in response to the Covid-19 and respect for individual rights of health with dignity. This disorientation of the government actions towards the response to the situation seemed to be ineffective and contagious like the virus itself. The situation of Covid-19 infection has begun to be managed through the law that regulates infections and infectious diseases, adopting various secondary regulations in accordance with this law. Thus, in Albania, the Government has made legislative interventions through the decree laws, to tighten the administrative sanctions against people who did not respect the “lockdown”. This legislation was followed by the proclamation of the state of emergency throughout the Albanian territory. The state of emergency is foreseen in the Albanian, obviously taking into account the proportionality of the reaction to the danger. In this context, the article intends to make a detailed analysis considering some comparative aspects, and as regards the proportionality of the measures adopted by the Albanian government. It will be highlighted moreover the principle of proportionality in the state of emergency, the inclusion of the non-compliance with government instruction towards prevention of the spread of Covid-19 as criminal offences in a state of emergency as a guaranty for the right to health.