Σύνταγμα και Πανδημία – Ατομικά και κοινωνικά δικαιώματα: Η περίπτωση της αρχής της αναλογικότητας

Abstract

This paper deals with the issue of the constitutionality of the legislative restriction of the personal freedom of Greek citizens (art. 5, par. 3, Constitution), and in particular of the restriction of the freedom of movement (art. 5, par. 4, Constitution), which was imposed in order to prevent the spread of the COVID-19 coronavirus pandemic in Greece. The constitutionality of the restriction of the freedom of movement is assessed under the criterion of the principle of proportionality (art. 25, par. 1, Constitution), the aim of which is the delimitation of the state interventions on the constitutionally defined field of freedom of the individuals. The first part develops basic parameters of the theoretical background of the principle of proportionality, as well as the methodology of its application, while the second part evaluates the argument of the need to protect public health by weighing the proportionality of restrictive measures based on scientific data and the constitutional criteria as appropriateness, necessity and stricto sensu proportionality.