the Government faces a tough, if it plans to find a legal justification for the new country of isolation of the corona virus.
the new country a population of about 1.7 million people, so the restrictions would apply to approximately one third of the finns.
Yle interviewed legal advisers and according to the new country’s isolation requires full justification. Movement restrictions must be necessary and proportionate to the situation severity.
the Constitution familiar with professor Martin Scheinin considers that the capacity law movement restrictions of the clause 118 use yes grounds, but I saw a big area of isolation is questionable.
– you have to ask, is it this capacity of the law the wording “a certain place or area”. Whether the population of a third of the closure too far-reaching measure that under section, Scheinin asks.
Scheinin considered that the regional and county-specific restrictions would be a better solution than a new country closure. In his opinion, the corona of the spread can be prevented without capacity under the law mobility restriction there.
– Municipalities could, for example, the number of areas arrive at the people to test and set them to quarantine. Such information dissemination can itself be a better means to curb this unnecessary transition to the Finland locality to another, Scheinin assessed.
the Exceptions defined
Yle according to information received by the board is strongly leaning to the fact that the entire Uusimaa isolated. Restrictions to keep watch over the very likely to the police and if necessary, also servicemen.
the university of Tampere, associate professor of public law Pauli Rautiainen to remind, that capacity of the law implementing regulation should be sufficiently specific and strictly limited.
things you need to be described so accurately, that people understand whether their actions are permissible or prohibited. Also exceptions should be defined in a sufficiently precise manner, Rautiainen said.
Helsinki university criminal law professor Sakari Melander estimates that the curfew violation can be imposed day fines.
It would then be the standby law violation, punishable by a fine. No previous practice, but I understand that it is the day of the fine, Melander said.
“the Insulation effect immediately”
Professor Martin Scheinin also worry about the fact that the new isolation of the country has been talked about for days in the public eye.
in Italy Lombardy the closure came before the public, which led to panic and mass exodus of the area. This may spread the disease to other areas.
emergency act introduced regulation can be issued urgently, in which case it will take effect immediately. The parliament took the later position, can it also remain in force.
Scheinin says the government should put the movement restriction in force immediately, if such is found necessary.
– If you drift to the fact that the need to isolate any area, so I can put it directly into practice. It’s also the police to be immediately ready for the fact that tiesuluin and boom to prevent crowds gathering at the Helsinki railway station.
the case for the interviewed also Åbo Akademi university public law professor Markku Skis.
the Case can debate Thursday night at 23.
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