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Order of the person in charge of emergency situation for imposing a restriction on the freedom of movement in social welfare institutions

Passed 03.04.2020 No. 58

Due to the emergency situation declared by the Government of the Republic Order No. 76 “Declaration of an emergency situation in the administrative territory of the Republic of Estonia” of 12 March 2020, the person in charge of emergency situation decides under § 31 (1) and (3) of the Emergency Act to impose on people a restriction on the freedom of movement and a prohibition on stay for the protection of the life and health of people and overriding public interest in order to prevent the spread of the coronavirus causing the COVID-19 disease as follows:

1. People in general and special care homes (hereinafter social welfare institution) are prohibited from leaving the territory of their social welfare institution until the end of the emergency situation.
2. The restriction on the freedom of movement and the prohibition on stay referred to in clause 1 do not apply to:
1) persons who are not showing any symptoms of the coronavirus causing the COVID-19 disease and who want to go to their place of residence without the possibility of returning to the social welfare institution until the end of the emergency situation;
2) the employees in and the owner or a representative of the owner of the area covered by the restriction on movement;
3) persons carrying out official duties.
3. The person in charge of emergency situation in cooperation with the relevant social welfare institution may designate an area outdoors where persons not showing any symptoms of the coronavirus causing the COVID-19 disease are allowed to move around.
4. Persons in social welfare institutions diagnosed with the coronavirus causing the COVID-19 disease are prohibited from any contact with other people, except for the staff of the relevant social welfare institution and medical staff.
5. Under § 24 (2) of the Emergency Act, social welfare institutions shall ensure compliance with the restrictions provided for in clauses 1 through 3 according to the conditions set out in this Order.
6. Supervision over the measures provided for in clauses 1 through 3 is exercised by the Police and Border Guard Board.
7. The measures established by this Order shall apply until this Order is changed and the need for these measures shall be assessed no later than after every two weeks.
8. Broadcasters shall publish the Order promptly in unaltered form and free of charge.
9. This Order takes effect upon signing.

This Order establishes specific measures for the protection of the life and health of people and overriding public interest, said measures being essential for preventing the spread of the virus. The reasons and considerations are set out in the explanatory memorandum to the Order, which will be published on the website of the Government of the Republic.
Failure to duly comply with measures of emergency situation will prompt the application of the administrative coercive measures set out in § 28 (2) or (3) of the Law Enforcement Act. According to § 47 of the Emergency Act, the amount of penalty payment is 2000 euros.
This Order can be appealed against by filing a challenge pursuant to the procedure provided by the Administrative Procedure Act within 30 days as of the day the relevant person became or should have become aware of the Order. This Order can also be appealed against by filing an action with the administrative court pursuant to the procedure provided for in the Code of Administrative Court Procedure within 30 days as of the day of announcement of this Order.