Open AccessRestrictions during pandemic: justified but is it lawful?
Author(s) -
Andra Mažrimaitė,
Vytautas Pasvenskas
Publication year - 2021
Publication title -
vilnius university open series
Language(s) - English
Resource type - Journals
ISSN - 2669-0535
DOI - 10.15388/tmp.2021.4
Subject(s) - closure (psychology) , law and economics , state (computer science) , property (philosophy) , subject (documents) , business , property rights , private property , economics , law , political science , philosophy , epistemology , algorithm , library science , computer science
The article analyses if restrictions on business during the quarantines were proportionate and legitimate. The authors of this article argue that the forced closure of businesses during quarantine in its essence resembles the institute of taking private property ownership rights for public needs rather than restricting the freedom of economic activity because activities have been suspended entirely instead of merely being subject to certain operational restrictions. Such restrictions may be imposed only in exceptional cases and in the form of a law. It would be in line to consider proportionate compensations for businesses’ losses due to forcible closure from the State.