On 27 June 2023, the Croatian Constitutional Court held that the obligation to present evidence of testing, vaccination or overcoming an infectious disease in order to enter certain premises (including work premises), which was in force at a certain stage of the pandemic, was not unconstitutional.
At the same time, the Constitutional Court reaffirmed its position expressed in related cases, according to which the challenged measure prima facie indicates that all individuals, including unvaccinated ones, are obliged to present a COVID-19 certificate. Therefore, the obligation to present a COVID-19 certificate is not conditioned by their vaccination status, as it can also be obtained on the basis of proof of recovery or testing, making the contested measure equally applicable to all individuals who wish to access given premises, regardless of their vaccination status.
The court has also considered that the vaccinated and those who have recovered do not have to comply with the additional condition of testing. However, this does not indicate that this condition puts unvaccinated individuals who have not recovered from the disease of COVID-19 in a disadvantageous position compared to those who have been vaccinated or those who have recovered from the disease.
The court also found that the contested measure did not impose a disproportionate burden on the unvaccinated.
