Lawyers: Checking Curfew via SMSs Gross Violation of Law

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Stock photo by TASR

Bratislava, February 1 (TASR) – Former Constitutional Court vice-chair Eduard Barany and constitutional lawyer Vincent Bujnak from the Department of Constitutional Law at Comenius University in Bratislava consider the possibility to obtain an exemption from the curfew via an SMS message to be a gross violation of the law, TASR learnt on Monday.


Barany called the proposal a “legal outrage”. “I’m afraid that in our country today we’re going the way that if something is technically possible, it will be done. Given the limited range of entities that have the opportunity to turn to the Constitutional Court, and the short time, it is expected that no remedy will happen. Therefore, several fundamental rights are violated in the long-term. It is a gross violation of the law,” stated Barany.

Bujnak assumes that if there is a change, it will be implemented through an amendment to the Constitutional Act on State Security. He considers the proposed measure to be a very significant interference with fundamental rights and freedoms, which should be assessed by the Constitutional Court if adopted. However, only the prosecutor-general, a group of 30 MPs, the president and the Government can address it within five days of approving the measure.

Health Minister Marek Krajci (OLaNO) said earlier on Monday that the current lockdown in Slovakia isn’t working. He sees a potential solution in toughening up the curfew. This might be carried out via SMS messages. “People will send SMS’s requesting an exemption, and a head office will send them back an SMS allowing them to break the curfew for the necessary time,” said the minister.