Sanctions for failure to use protective masks in enclosed public spaces without a legal basis
A few days ago, the Supreme Court of the Republic of Slovenia published a news item, that it decided on the request for protection of legality against the final judgment of the district court, by which the perpetrator of the misdemeanor was reprimanded for the misdemeanor due to failure to wear a protective mask.
The court ruled, whether a government decree can order the wearing of protective masks in enclosed public spaces and define this as an offense while imposing sanctions on it.
The court ruled, that ˝decisions of the Government of the Republic of Slovenia cannot be considered a regulation, determining the content of the offenses˝. The Supreme Court also sought an answer in the interpretation of the ZNB statutory provision, however, it did not find a suitable basis here either.
The trial chamber found, that the ZNB provides for the urgent use of protective equipment, but only to protect healthcare professionals and associates for the prevention and control of nosocomial infections, but not more broadly for the entire population.
If an individual has been fined for such an offense, may claim back the fine already paid.
You can find more about the decision at the link below:
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