The Court of Justice of the European Union (CJEU) has approved the travel limitations, control and quarantine requirements brought within the Union due to the COVID-19 pandemic. In a case involving a travel company and the Belgian state, the Court decided that in times of pandemic, a Member State may limit non-essential travel to other Member States designated as high-risk quarantine zones.
According to SchengenVisaInfo. com, NORDIC INFO, a tour operator that facilitates trips to Sweden, canceled all flights from Belgium to Sweden for the 2020 summer season. Sweden was placed on Belgium’s red list in July 2020, designating areas high-risk. COVID-19.
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Sweden was moved to the amber list on July 15, 2020, indicating that its citizens faced less stringent requirements, such as not being mandatory or being quarantined. NORDIC INFO claims that Belgium made errors in the implementation of the applicable regulation and seeks reimbursement before a Belgian court for the damages suffered as a result of the arrival and modification of the colour codes.
The case brought before the CJEU through the Dutch-speaking Court of First Instance in Brussels, which ruled that regulations imposing restrictions on freedom of movement within the European Union can be implemented by widely applicable rules.
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The judgment states: “However, such rules must be reasoned, clear, precise, non-discriminatory and proportionate. They must also be subject to appeal. ” The Advocate General in the case stressed: “The Provide case also highlights the eternal question of the balance that public authorities, in a democratic society, must strike between, on the one hand, the valid objective of combating risks to society well and, on the other hand, the basic rights of the persons concerned through the measures taken in this regard. ” While the Court has already had to address this issue, specifically in the fight against crime and terrorism, it will have to address with it, for the first time, in the context of the risk posed by a pandemic. “
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