The diploma thesis deals with the normative regulation of the human right to freedom of movement in Slovenia and Germany, government measures that restricted this right and their compliance with the Constitution. Freedom of movement is one of the fundamental human rights and freedoms. Its history dates back to antiquity, and the arrangement as we know it today appeared in the period after World War II. In Slovenia, it is regulated by the Constitution, which guarantees citizens free movement, choice of residence and leaving and returning to the country. The conditions within which this right can be restricted are also determined, namely at the time of declaring a state of emergency and by law. In the latter case, it is essential that we observe the principle of proportionality. Government measures in Slovenia and Germany consisted of restricting movement to municipalities, statistical regions, and the federal state, a curfew was introduced, and the crossing of the state border was restricted. Many of these measures have been met with disagreement from the public and legal experts, which has also led to a constitutional review by the courts. In Slovenia, the Infectious Diseases Act proved unconstitutional, on the basis of which several decrees restricting freedom of movement were adopted. In Germany, a similar law was expeditiously amended and upgraded, which again raised questions about the constitutionality of the measures. Important differences also arose in the governmental composition of Germany itself, which differs significantly from the Slovene system. A comparison of the measures shows that the measures in Slovenia and Germany were comparable and that they restricted human rights similarly.
The diploma thesis is useful in order to broaden the horizons of readers and enable them to better understand one of their fundamental rights, and it can also encourage them to be more interested and publicly involved in the discourse on this issue.
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