FREE MOVEMENT OF PEOPLE WITHIN “THE FIRST WAVE” OF THE CORONAVIRUS PANDEMIC IN THE EUROPEAN UNION MEMBER STATES

MILOŠEVIĆ Marija S. (Autorka je doktorand Pravnog fakulteta Univerziteta u Beogradu, zaposlena u Sekretarijatu Odbora za evropske integracije Skupštine Crne Gore, Podgorica), marija.milosevic@skupstina.me

The article deals with the limitation of certain human rights in order to protect human health and its justification. The paper focuses on examining the degree of restriction of freedom of movement of people from March to June 2020. In accordance with the principle of derogation from human rights, regardless of the state of urgency, restrictions must meet the requirements of legality, proportionality and necessity in a democratic society. The author examines the conditions of restriction from the aspect of correlation of the principles on which the concept of human rights is based, primarily the principle of limitation and the principle of prohibition of Abuse of Rights, as well as their derogation as a special kind of limitation. The author examines freedom of movement of people during the current pandemic, relating to the implementation of restrictive measures imposed within the EU Member States and evaluates their justification by the public interest.

Keywords: coronavirus, Human Rights protection, freedom of movement, European Union, limitations of freedom, restrictive measures