Venice Commission - Observatory on emergency situations
www.venice.coe.int
Disclaimer: this information was gathered by the Secretariat of the Venice Commission on the basis of contributions by the members of the Venice Commission, and complemented with information available from various open sources (academic articles, legal blogs, official information web-sites etc.).
Every effort was made to provide accurate and up-to-date information. For further details please visit our page on COVID-19 and emergency measures taken by the member States: https://www.venice.coe.int/WebForms/pages/?p=02_EmergencyPowersObservatory&lang=EN
2. Do organic/constitutional or ordinary laws regulating the state of emergency exist in your country?
The two ordinary laws - "On Civil Protection" and "On the prevention and control of infections ..." (see Q3) regulate ordinary powers of the competent State authorities, not falling within the emergency regime
According to Art 120, part 4 of the Constitution the legal regime of state of emergency shall be prescribed by a law adopted by majority of votes of the total number of Deputies.
Similar to the Federal Constitution, there are no organic/constitutional or ordinary laws which explicitly regulate the state of emergency. Certainly, several provisions in ordinary laws can be pertinent in emergency situations or in order to avoid such situations; some of these provisions contain authorizations for the executive to take certain measures. For instance, Section 19 of the Security Police Act (Sicherheitspolizeigesetz) regulates the competences of security authorities to provide help in cases of imminent danger to life, health, freedom or property of individual persons. Protective regulations and precautionary measures can be found in other laws, as well, e.g. in the Water Rights Act (Wasserrechtsgesetz) and the Trade Regulation (Gewerbeordnung). In the field of construction law, regulations can be enacted (by the provinces) for protection against avalanches, storms, floods and fires. Section 43 of the Road Traffic Act (Straßenverkehrsordnung) permits traffic restrictions or traffic bans in cases of (current or imminent) elementary events, e.g. the exclusion of certain groups from using a street or a part of a street.
The Law on state of emergency was adopted in 2004 (No. 681-IIG) - click here
In Belgium, there is no special legislative act regulating the state of emergency in general. During the First World War the decree-law of October 11, 1916 "relating to the state of war and the state of siege" was issued. This decree will be in force again in the event of a possible new war.
The provisions of the Law on Defence of Bosnia and Herzegovina stipulate that the Parliamentary Assembly of Bosnia and Herzegovina is competent to declare a state of war at the request of the Presidency of Bosnia and Herzegovina in case of a direct attack on Bosnia and Herzegovina or part of Bosnia and Herzegovina. The Parliamentary Assembly of Bosnia and Herzegovina is competent to declare a state of war at the request of the Presidency of Bosnia and Herzegovina when there is a threat to the existence of Bosnia and Herzegovina, a threat of attack on Bosnia and Herzegovina or any part of Bosnia and Herzegovina or if there is an imminent threat of war (Article 10). Furthermore, Article 12 of the Law on Defence of Bosnia and Herzegovina states that the Presidency of Bosnia and Herzegovina shall adopt decisions by consensus and that it is competent to request a declaration of a state of war from the Parliamentary Assembly of Bosnia and Herzegovina and declaration of a state of emergency from the Parliamentary Assembly. Chapter IV of this Law, entitled: Declaration of War or State of Emergency (Articles 40-43), and Chapter V - Natural and Other Catastrophes and Disasters (Articles 44-45) regulate the issue of requests for declaration of state of war or state of emergency, as well as deadlines for consideration or engagement of the armed forces of Bosnia and Herzegovina in case of natural and other catastrophes and disasters. The text of the law in one of the official languages of BiH is available at here)
The Disaster Protection Act of 2006 regulates measures taken during the emergency situations. For the text in Bulgarian click here. It mostly regulates the activities of State services in cases of local disasters and provides for a special legal regime in such situations.
Article 183 of the Constitution does not specifically mention public health as justification for proclaiming an emergency.
The Czech Republic’s legal order knows four types of the state of emergency: the state of danger (stav nebezpečí), the state of emergency (nouzový stav), the state of the threat to the State (stav ohrožení státu), the state of war (válečný stav). The legal regulation is enshrined in the Constitutional Law on the Security of the Czech Republic (No. 110/1998 Coll.) and the Law on Crisis Management and on amendments of certain acts (No. Act N. 240/2000 Coll., so called Crisis Law - for the English text click here). The former pertains to the state of emergency, the state of the threat to the State and the state of war, the latter contains norms related to all the four types of the state of emergency.
There are no general organic, constitutional or ordinary laws regulating the state of emergency, since the constitutional provisions on the special emergency regimes are absent. Instead, there are, within various sectors of society, legislation allowing for emergency measures. This applies for example to legislation on epidemics and pandemics.
A 2004 ordinance (delegated legislation) codified the state of siege in the Defence Code (as a military emergency regime). As soon as the state of siege is decreed, the powers vested in the civil authority for the maintenance of order and the police are transferred to the military authority. It has not been used in France since the Second World War.
A special legislative act of the Federal Republic of Germany regulating the state of emergency does not exist. According to Article 70 of the Basic Law the states (Länder) shall have the right to legislate as far as the Basic Law does not confer the legislative power to the Federation. Averting dangers for public safety is jurisdiction of the states in Germany’s federal system. Therefore, all 16 states passed Disaster Protection Acts containing different rules for declaring a state of disaster.
According to Articles 53 and 54 of the FL the detailed rules to be applied under a special legal order shall be laid down in a cardinal act.
Ireland does not have a concept of organic or constitutional laws.
A law On the Civil Protection enacted in 1992, now restated in legislative decree of 2 January 2018, n. 1 with amendments (for the text in Italian click here , enables government to declare the state of emergency under certain conditions. During such state, the administrative authorities may adopt orders derogating ordinary laws, but not constitutional laws.
The state of emergency is regulated by the Constitution which gives the President the power to issue acts having the force of the law (see Q1); in addition, certain measures can be taken by the executive on the basis of ordinary legislation (see Q3)
Since article 15 of the Constitution of the Kyrgyz Republic explicitly specifies that a state of emergency may be declared only in cases provided by constitutional law, the Constitutional Law «On the state of emergency» adopted in 1998 with modifications and additions in subsequent years. The last amendments to the above-mentioned Constitutional Law were made on 14 July 2015.
The Bevölkerungsschutzgesetz (Civil Protection Act) (LGBl 2007/Nr. 139) which is an ordinary law regulates the preparation, execution, and financing of measures to protect civil society and their livelihoods in the event of normal, special, and extraordinary situations. Another aim of the Civil Protection Act lies within the prevention, limitation, and handling of damage events.
According to Paragraph 3 of Article 144 of the Constitution, the state of emergency shall be regulated by law.
The state of emergency is regulated by the Constitution but there is no special law regulating it. Measures taken in respect of the COVID-19 crisis were based on the ordinary legislation on health risks which confers certain powers on the executive.
There are no specific provisions of this nature. However, Law 1.430 of 13 July 2016, covering various measures relating to the preservation of national security, states that "1. The purpose of the administrative police is to detect, identify, prevent and stop any threat that could harm public order, the safety of persons and property, and the fundamental interests of the Principality." These powers belong to the Minister of State.
The regime of the state of emergency is not provided for in the Constitution and therefore remains justiciable by an infra-constitutional norm, in this case a law. It does not affect the functioning of the institutions (Government/Parliament relations), can be decreed within all or a part of the territory, increases the administrative police powers of the authorities and restricts public freedoms (freedom of movement, of assembly, of demonstration, etc.).
No, in absence of a constitutional entrenchment of the special emergency regime, no organic law regulating it exists. That being said, there is special legeislation on "ordinary" emergencies - see Q3.
The state of emergency is regulated by the constitutional norm, Article 137. It is one of the two possible exception regimes provided in the Constitution, next to the state of siege. There are not ordinary laws regulating the state of emergency.
The constitutional provisions on the state of emergency are specified in the Organic Law on the State of Siege and the State of Emergency No. 1/2012, of 11 May 2012, that modified and republished the Law nº 44/86, of 30 September 1985, which has the status of an organic law (for the text in Portuguese click here. For the text in English click here.
The state of emergency is not specifically regulated under national law. However, according to Article 2, paragraph 2, letter b) of Constitutional Law n. 183/2005 on the Congress of
The Constitution of the Republic of Serbia regulates the issue of the state of emergency in great detail.
Organic laws do not exist in the Slovak legal system. Constitutional laws (see Q1) have the same legal force as the constitution itself. The state of emergency is regulated in Art. 5 of Constitutional Law no. 227/2002 on the national security during war, state of war, state of alarm and state of emergency, which reads:
Yes. The provisions of Art. 116 SC are developed in the Organic Law 4/1981, of 1 June, of the states of alarm, exception and siege (hereinafter, LOEAES). This organic law establishes that the state of alarm may be declared in the event of natural crises, including health crises: this is the normative basis for the measures taken in Spain in the face of the COVID-19 crisis.
Other states of emergency (besides war) are governed by ordinary laws, but only within the framework of the provisions in Chapter 15 of the Constitution (Instrument of Government). The Constitution does not provide for the possibility to declare a state of emergency due to civil crises in peacetime. Nor does it provide a framework for a general emergency act in ordinary legislation. See also Q1.
As indicated in Q1, the Swiss Constitution does not contain any provisions regulating the state of emergency. According to legal doctrine a qualified extraordinary situation arises when certain protected objects are under concrete and immediate threat (such as the life and independence of the nation or the survival of the people) by exceptional events (such as wars or natural disasters). In order to cope with such situations, legal doctrine advocates the application of an unwritten rule, according to which the powers of the legislative power (Federal Assembly or Parliament) are transferred to the executive power (Federal Council). In the history of Switzerland, this has happened only twice: During the First World War (more specifically, on 3 August 1914), the Federal Assembly transferred unlimited authority to the Federal Council (so called “Vollmachtenbeschluss”), thus enabling the executive to take all measures necessary for the safeguarding of security, integrity and neutrality of Switzerland, for the protection of the credit and economic interests of the country. Another such transfer of powers or authority happened on 30 August 1939, at the beginning of the Second World War.
No, no law regulating the state of emergency exists in North Macedonia.
Decree 78-50 of 26 January 1978 regulating the state of emergency, although taken under the aegis of the old constitution of 1 June 1959, remains in force - see here
The state of emergency regime is regulated by the Constitution (see Q1).
The emergency situations are regulated by ordinary laws: Law of Ukraine «On Legal Regime of the State of Emergency » of 16 April 2000, No. 1550-III (as amended) - click here. The State of Emergency is defined as "a special legal regime that may be temporarily imposed in Ukraine or in certain places in the event of emergencies of man-made or natural nature not lower than the national level, which have led or may lead to human and material losses, endanger life and health of citizens, or in an attempt to seize state power or change the constitutional order of Ukraine" (Article 1). Those powers include temporary limitations of certain rights and freedoms.
The UK legal order does not provide for "constitutional" or "organic" legislation, i.e. laws which are above ordinary statutes and are adopted by a supermajorities or in special procedures.
At Federal Level: The four organic laws of the United States have been held to be the Declaration of Independence, the Articles of Confederation, the Northwest Ordinance, and the United States Constitution. The powers of the federal government discussed in Q1 regarding Articles I and II of the United States Constitution are equally relevant here in Q2.
Albania
Armenia
Law on Legal regime of state of emergency has been adopted by the National Assembly on 21.03.2012 (for the text in Armenian click here)
It is an ordinary law, not an organic/constitutional one.
The law on the legal regime of the state of emergency describes the powers the Government may excercise following the declaration of the state of emergency.
The Constitutional Law of the Republic of Armenia on Rules of Procedure of the National Assembly (adopted by the National Assembly on 16.12.2016) addresses the procedure for convening and holding a special sitting in case of a declaration of a state of emergency (Article 48), the procedure for submission and debate of a draft resolution of the national assembly on the termination of state of emergency or cancellation of the implementation of measures introduced during state of emergency (Article 107) (for the English translation click here)
Austria
Azerbaijan
Wile under the Constitution the prareogative to declare the state of emergency belongs to the President, under the 2004 law the state of emergency should be delcared by "appropriate body of the executive".
Belgium
On the basis of article 105 of the Constitution (see Q1), Parliament adopted laws of March 27, 2020 empowering the King to take measures to combat the spread of the Coronavirus Covid-19 (I) and (II), have conferred powers specials to the King for a period of three months, with the aim of enabling him to quickly take the necessary measures in the context of the coronavirus epidemic or pandemic and to manage the consequences (Mon. B. 2nd ed., March 30, 2020),
Bosnia and Herzegovina
In addition to the Law on Defence of BiH, the Framework Law on Protection and Rescue of People and Material Goods from Natural and Other Disasters in BiH roughly regulates the issues of protection and rescue of people and material goods from natural or other disasters in Bosnia and Herzegovina through realization of international obligations and cooperation in the implementation of protection and rescue measures, i.e. civil protection; competencies of institutions and bodies of Bosnia and Herzegovina in the field of protection and rescue of people and material goods from natural or other disasters in Bosnia and Herzegovina; coordination of activities of institutions and bodies of Bosnia and Herzegovina, Entity civil protection administrations and the competent body for civil protection of the Brčko District of Bosnia and Herzegovina; adoption and coordination of plans and programs for protection and rescue from natural or other disasters.
The text of the lawin one of the official languages of BiH is available here)
In the Federation of BiH and the Brčko District of Bosnia and Herzegovina, the definitions of natural and other disasters are subject to the Law on Protection and Rescue of People and Material Goods from Natural and Other Disasters of the Federation of BiH and the Law on Protection and Rescue of People and Material Disasters from Natural and Other Disasters of the Brčko District of BiH. Unlike legal arrangements at the level of BiH, the Federation of BiH and the Brčko District of BiH, in the Republika Srpska there is the Law on Protection and Rescue in Emergencies of the Republika Srpska, which precisely defines the concept of emergency and regulates the type and category of preventive, protective and rescue measures.
Bulgaria
Due to the COVID-19 pandemic the National Assembly of the Republic of Bulgaria adopted an ordinary Act on the Measures and Actions during the State of Emergency Declared by a Resolution of the National Assembly of 13 March 2020 and on Addressing the Consequences (SG No. 44/2020, effective 14.05.2020) Promulgated, SG No. 28/24.03.2020, effective 13.03.2020.
Cyprus
On 10 March the Cypriot Government decided to 'go back in time' and use the March 1932 Quarantine Law, legislation dating back to colonial times, long before the entry into force of the 1960 Constitution. That was possible by virtue of Article 188(1) of the Constitution, which allows legislation predating the Constitution to continue to apply unless modified or repealed.
Czech Republic
Under the Constitutional Act on the Security of the Czech Republic (No. 110/1998 Coll.). Under this act the Government may declare the state of emergency "in cases of natural catastrophe, ecological or industrial accident, or other danger which to a significant extent threatens life, health, or property or domestic order or security." The state of danger is declared, under the Crisis Law, by the competent regional authorities and can be prolonged with the consent of the Government.
Denmark
France
The state of emergency (which is not in the Constitution - see Q1) is defined by Law 55-385 of 3 April 1955 (i.e. adopted before the current Constitution), amended in particular by the law of 20 November 2015.
The state of emergency is issued by presidential decree, submitted to the counterseing of the Prime Minister and deliberated in the Council of Ministers (Article 13 of the Constitution), but a law is needed to extend it beyond 12 days (Article 2). The decree triggering the state of emergency can be challenged before the Council of State.
Article 4 states that "the law extending the state of emergency is null and forth after a period of fifteen free days following the date of resignation of the Government or dissolution of the National Assembly."
Article 4-ter added by law of 20 November 2015 states that "The National Assembly and the Senate are informed without delay of the measures taken by the Government during the state of emergency. They may require any additional information as part of the monitoring and evaluation of these measures." According to Article 5-ter of Ordinance 58-1100 of 17 November 1958, the Legal Committee of the National Assembly decided to set up a "continuous watch" on 2 December 2015 to allow effective and permanent monitoring of the implementation of the state of emergency. The primary objective of this work is to assess the relevance of the measures adopted and to make recommendations where appropriate.
The so-called "administrative police" emergency measures, taken by the civil authority and authorized by the 1955 law, include: prohibition of the movement of persons or vehicles (Article 5, 1); institution of protection or security zones where people's stay is regulated (Article 5, 2); prohibition of residence in all or part of the department to any person seeking to obstruct, in any way, the action of the public authorities (Article 5, 3); house arrest, persons for whom there are serious reasons to believe that their behaviour poses a threat to public safety and order; (Article 6); dissolution of associations or de facto groups that participate in the commission of acts that seriously violate public order or whose activities facilitate or incite the commission (Article 6-1); temporary closure of concert halls, drinking establishments and meeting places of any kind (Article 8, al. 1); ban on meetings (Article 8, al 2) ; handing over of certain weapons and ammunition, legally held or acquired, for reasons of public order (Article 9); requisitioning of persons, goods and services (Article 10); search at home day and night (Article 11.I); blocking of websites inciting to the commission of acts of terrorism or by making the apology ”(article 11.II). Some of these measures, such as house and house arrest and searches, normally fall under the jurisdiction of the judiciary.
The possibility provided for in Article 11, for the civil authorities, to "take all measures to ensure the control of the press and publications of all kinds as well as that of radio broadcasts, cinematographic projections and theatrical performances" has been repealed by the law of 20 November 2015.
Article 14, amended by the law of 20 November 2015, provides that "the measures taken under this law shall cease to have effect at the same time as the state of emergency ends".
Police measures can be challenged before the administrative judge (article 14-1), including by way of summary proceedings.
In the present case, the French authorities did not use the emergency regimes provided for by the legislation in force (law n ° 55-385 of April 3, 1955), but introduced, by a law adopted to this in March 2020, a new "health emergency" regime.
Germany
Every Disaster Protection Act (DPA) has its own definition of disaster. Common to all definitions of the term disaster is the occurrence of a damaging event, the consequences of which cannot be eliminated without uniform management and additional resources; the authorities must be overburdened dealing with the event. For example, according to the Disaster Protection Act of North-Rhine-Westphalia a disaster “is a dam-aging event which endangers or substantially impairs the life, health or vital supplies of nu-merous people, animals, natural resources or substantial material assets to such an unusual ex-tent that the resulting threat to public safety can only be effectively countered if the compe-tent authorities and services, organizations and deployed forces work together under the uni-form overall management of the competent civil protection authority.”
Hungary
The Act CXIII of 2011 on National Defence and the Hungarian Defence Forces, and on measures to be introduced in the special legal order defines the competence and operation of the National Defence Council (Sections 30–34); and the special measures that may be introduced in the case of state of terrorist threat, state of preventive defence, state of national crisis, state of emergency and unexpected attack. (Sections 64–79). The latter provisions contain e. g. special measures on defence administration, special measures on public administration, public order and safety, special measures on jurisdiction, special measures on economical and obligation of material services, and special regulations on preventive defence.
Ireland
There is an ordinary law from before the date of the Constitution called the Protection of the Community (Special Powers) Act 1926. This Act allows for the proclamation by the Government of a national emergency related to the supply of the essentials of life. The Act has never been used and it is unclear to what extent it is consistent with the Constitution. There are other provisions, also from 1926, about the need to control broadcasting during a national emergency. These powers have never been used. On the legislation governing the powers of the authorities during the health crisis see Q3.
Italy
Korea, Republic
Kyrgyzstan
Liechtenstein
Lithuania
In implementing this constitutional provision, the Parliament adopted the Law on the State of Emergency, which regulates the basis and the procedure for the declaration of a state of emergency, temporary restriction on the use of individual rights and freedoms, temporary restriction on the activity of legal persons, temporary powers of public and municipal authorities during a state of emergency, control over the legality of the above-mentioned public and municipal authorities, and the procedure for the revocation of a state of emergency (Article 1, Paragraph 1). The purpose of this law is to protect the constitutional system of the state, guarantee public security and public order, and the protection of human rights during a state of emergency (Article 1, Paragraph 2). This law regulates the "constitutional" state of emergency declared by Seimas or by the President of the Republic (see Q1 for constitutional provision).
Another law regulating emergency situations is the Law on Civil Protection. This law provides for the possibility of declaring a situation of emergency, or the extreme situation (ekstremalioji situacija) which could be of the state or municipal level, by the Government. It is declared where an incident of a natural, technical, ecological or social character, of a certain intensity, poses a sudden and grave hazard to the life or health of residents, their property or the environment, or causes death and mutilation, or is likely to result in another damage (Paragraphs 6 and 7 of Article 2). The Law on Civil Protection lays down the legal and organisational framework for the organisation and functioning of the civil protection system, as well as the competence of state and municipal institutions and agencies. According to the provisions of this law, the Government, the Ministry of the Interior, the Emergency Commissions, the Fire and Rescue Department and agencies subordinate thereto, other ministries and the Director of the Municipal Administration concerned (where relevant) are competent institutions to perform functions provided for by this law. Under Point 11 of Article 9 of this law, the Government, among other things, is entitled to declare and lift a national level emergency and appoint the State-Level Emergency Operations Chief.
Finally, a quarantine may be imposed under the Law on the Prevention and Control of Contagious Diseases in Humans (see Q3)
Mexico
Monaco
Morocco
Until now, no text has regulated this, it was only after the Covid-19 that a law on the state of health emergency was adopted (Law N°23.20 ratifying Decree-Law N°2.20.292 of 28 rejeb 1441 (23 March 2020) enacting special provisions for the state of health emergency and the measures of its declaration (BO n°6887) - see here.
Norway
Peru
Portugal
The organic law contains the rules related to nature and purposes of a state of emergency, sets the limits to the exercise of rights and guarantees by citizens, introduces the requirements of adequacy and proportionality, governs territorial coverage and duration of the state of emergency and guarantees the right of access to courts. This organic law also regulates the powers and constitutional competences for declaration and implementation of the state of siege or the state of emergency.
San Marino
State (“Congresso di Stato”), in situations of emergency, the Congress of State is entitled to adopt decrees
with force of law, which, under penalty of nullity, must be ratified by the Great and General Council
(“Consiglio Grande e Generale” - the parliament) within three months from their adoption. Such emergency
decrees are presented to the Captains Regent, who are responsible of their promulgation as “Law-Decrees”.
They shall indicate in the preamble the reasons of necessity and urgency that justified their adoption as well
as the deliberations of the Congress of State through which the respective Law-Decrees have been adopted
(see Article 12, Qualified Law n. 184/2005).
Serbia
In addition, the Law on Defense in Article 4 point 6 defines the state of emergency, which may comes as a consequence of military or non-military D60 threats to security. Under Articles 87 and 88 the National Assembly declares the state of war or state of emergency based on the joint proposal of the President and Prime Minister, who in turn act on adive of the Defense Minister.
In addition, there is the Law on Disaster Risk Reduction and Emergency Management from 2018 - click here (in Serbian)
Slovakia
Article 5 - State of emergency
(1) The Government may declare a state of emergency only if there is a threat or imminent danger of threat to life and health of people due to a pandemic, to the environment, or considerable threat to property as a result of a natural disaster, industrial or other operational accident, or a traffic accident; a state of emergency may only be declared in the affected or imminently threatened area.
(2) A state of emergency may only be declared to the necessary extent, for the necessary time and for no longer than 90 days.
(3) If a state of emergency is declared, fundamental rights and freedoms may be restricted and duties imposed to the necessary extent and for the necessary time in relation to the severity of the threat and in the affected or imminently threatened area, at most to this extent:
a) restricting the inviolability of the person and their privacy by evacuating them to a designated area,
b) imposing work obligations to ensure provisioning, maintenance of roads and railways, the implementation of transport, the operation of water supply and sewerage, the production and distribution of electricity, gas and heat, the performance of health care, the maintenance of public order or the elimination of incurred damage,
c) restricting ownership rights to real estate property for the purposes of deploying members of the armed and police forces, medical facilities, provisioning facilities, rescue and release services and other technical facilities,
d) restricting ownership rights to movable property by prohibiting the entry of motor vehicles or restricting their use for private and business purposes,
e) restricting the inviolability of residence for the purposes of accommodating evacuated people,
f) restricting the delivery of mail,
g) restricting the freedom of movement and residence by imposing a curfew for the specified time and denying access to the affected or imminently threatened areas,
h) restricting or prohibiting the exercise of the freedom of assembly or subjecting the assembly in public to permission,
i) restricting the freedom to distribute information regardless of state borders and the freedom of speech in public,
j) ensuring the assignment of television and radio broadcast time for the purposes of notifying and informing the public,
k) prohibiting the exercise of the right to strike,
l) implementing measures to address crude oil shortages.
(4) If a state of emergency is declared, the President of the Republic may, on the proposal of the Government,
a) order the performance of extraordinary service by professional soldiers, reserve soldiers called up for regular training or for carrying out armed service activity, and volunteer soldiers in military training,
b) call reserve soldiers into extraordinary service.
The constitutional law also regulates the state of alarm (Art. 4), which may be declared by the President of the Republic and is primarily aimed at addressing riots, large-scale street crime, terrorist attacks if threatening public order and the life of nation, and the state of war (Art. 3), which is declared by the President of the Republic on the proposal by the Government if a declaration of war or invasion of the Slovak Republic by foreign armed forces is imminent. The state of emergency is, on the other hand, primarily aimed at addressing natural and other non-violent disasters, including pandemics.
Spain
For the text of the LOEAES in Spanish click here.
Sweden
Switzerland
North Macedonia
Tunisia
The decree gives extended powers to the Minister of Interior and the governors while the State of Exception under Article 80 of the 2014 Constitution gives full power to the president.
Turkey
In addition, it is regulated by the Law on State of Emergency of 25 September 1983 (No. 2935). This law includes provisions regarding
- declaration of state of emergency,
- financial, material and labour obligations to be imposed on citizens where state of emergency declared in cases of natural disasters, dangerous epidemic diseases or serious economic crisis,
- the manner of restriction and temporary suspension of fundamental rights and freedoms to be valid separately for each type of emergency situations,
- how and in what manner the measures required by the situation will be taken,
- what competences the public service officers will be given,
- what changes will be made in the positions of the officers, and
- administration of state of emergency.
For the unofficial English translation of the Law click here
Article 3 repeats the provisions of the Constitution on the declaration of the state of emergency; in addition, it requres the President to consult with the National Security Council before declaring the state of emergency or extending it. It also specifies that the reasons for taking the decision, the region and the duration of the state of emergency shall be announced through the Turkish Radio and Television Corporation and other means if deemed necessary by the President.
As regards COVID-19 crisis, the state authorities used powers given to them by ordinary legislation, not within the framework of the state of emergency legislation (see Q3)
Ukraine
Martial Law is regulated by the Law of Ukraine “On the Legal Regime of Martial Law” of May 12, 2015 № 389-VIII (as amended); it is applied in case of an armed aggression or threat of attack, danger of state independence of Ukraine, its territorial integrity and similar threats.
In addition, there are ordinary laws which regulate various aspects of health hazards and the powers and the organisation of the sanitary services: Code of Civil Protection of Ukraine of October 2, 2012 № 5403-VI (as amended - click here, Law of Ukraine "On protection of the population from infectious diseases", of April 6, 2000 № 1645-III (as amended), click here, Law of Ukraine "On ensuring sanitary and Epidemic Welfare of the Population", February 24, 1994 № 4004-XII (as amended) - click here.
United Kingdom
The closest provision to a “state of emergency” law in the UK is Part 2 of the Civil Contingencies Act 2004 (“CCA”). There are other provisions which permit the government to act with urgency in response to crises in specific fields (such as the Public Health (Control of Disease) Act 1984 (“PH(CoD)A”), but the CCA contains general emergency response powers.
The power conferred by Part 2 of the CCA is a sweeping regulation-making power, under which the Queen may, by Order in Council, make “emergency regulations”. In practice, this is a power which would be exercised only on the advice of the government, and chiefly the Secretary of State for the Home Department.
This power is extremely broad. Emergency regulations may make any provision which the person making the regulations is satisfied would be appropriate for preventing, controlling or mitigating an aspect or effect of the emergency (s. 22(1)). S. 22(3) provides a list of examples of the kind of regulation which could be made. That list notably includes the power to confer a function on an authority or person, confiscate property, create offences (within limits: see s. 23(4)), prohibit travel and gatherings, modify or disapply any act of Parliament (except Part 2 of the CCA and the Human Rights Act 1998 (“HRA”), see s. 23(5)) and deploy the armed forces. However, regulation may not require a person to provide military service or prohibit or enable the prohibition of strikes or industrial action (s. 23(3)).
The regulation must specify the parts of the UK to which it applies (s. 23(2)). It must also require the appointment of a regional or emergency coordinator for each part or region of the UK to which the emergency regulations apply (s. 24(1)).
The regulations will lapse either after 30 days or earlier if specified in the regulations (s. 26(1)). If the regulations lapse, new regulations may be made to replace them (s. 26(2)).
The power to make emergency regulation can also be exercised by a senior minister of the Crown, if it would not be possible, without serious delay, to arrange for an Order in Council (s. 20(2)(b)). “Serious delay” means delay that might cause serious damage, or seriously obstruct the prevention, control or mitigation of serious damage. In practice, this responsibility would most likely fall to the Secretary of State for the Home Department.
The state of emergency which can be declared under the CCA does not have effect across the legal system. The CCA provides a general, cross-sectoral framework for emergency response, but a statutory statement that the conditions in s. 21 are fulfilled does necessarily not trigger legal effects under other statutes which might provide for emergency powers where certain conditions are met.
United States of America
The National Emergencies Act (NEA), 50 U.S.C. § 1601-1651 (1976), provides that “[w]ith respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency.” 50 U.S.C. § 1621 (a). Furthermore, “[a]ny provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect (1) only when the President (in accordance with subsection (a) of this section), specifically declares a national emergency, and (2) only in accordance with this chapter.” 50 U.S.C. § 1621 (b). The National Emergencies Act requires the president to make a formal declaration of an emergency and then to specify which emergency powers already delegated to the president by Congress he plans to use to cope with that emergency.The Congress may veto the declaration of emergency by a resolution passed by a majority of both houses of Congress. However, to take effect this resolution will need to be countersigned by the President (in 1983, the Supreme Court decided, in INS v. Chadha, 462 U.S. 919 (1983) that the resolution is a law and thus needs to be signed - and hence vetoed - by the president). The presidential veto may be overruled by a two-thirds vote of both Houses.
In addition, the President has powers under other ordinary legislation which he may use during the epidemy: thus, the president has the power ubder the Defense Production Act (DPA) to order from private companies the production of scarce supplies that are needed for national security.
At State Level:
GA: O.C.G.A. § 38-3-51 permits the governor to declare a state of emergency in the event of “actual or impending emergency or disaster of natural or human origin, or pandemic influenza emergency, or impending or actual enemy attack, or a public health emergency, within or affecting this state or against the United States.” To declare a state of emergency, the Governor must judge the disaster to be “of sufficient severity and magnitude to warrant extraordinary assistance by the state to supplement the efforts and available resources of the several localities and relief organizations in preventing or alleviating the damage, loss, hardship, or suffering threatened or caused thereby.” O.C.G.A. § 38-3-3(7). Under Art. V, §2, para. 2 of the Georgia Constitution, within three days of declaring a state of emergency, the Governor must convene a special session of the legislature to certify that a state of emergency exists. Once declared, the state of emergency may continue for no more than 30 days unless renewed by the governor and should be terminated when the emergency ends. The state legislature can also terminate the state of emergency at any time without the consent of the governor by concurrent resolution. O.C.G.A. § 38-3-51 (a).
NE: Neb. Rev. Stat. 81-829.40 (3) requires the governor to issue a state-of-emergency proclamation “if he or she finds that a disaster, emergency, or civil defense emergency has occurred or that the occurrence or threat thereof is imminent.” The state of emergency remains in effect until the governor concludes that the emergency has been addressed such that the threat no longer exists. The (unicameral) legislature can terminate the state of emergency at any time.
NY: Article III, §25 of the Constitution of the State of New York provides that “the legislature, in order to insure continuity of state and local governmental operations in periods of emergency caused by enemy attack or by disasters (natural or otherwise), shall have the power and the immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and (2) to adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations.”
Pursuant to New York Executive Law §28, “Whenever the governor, on his own initiative or pursuant to a request from one or more chief executives, finds that a disaster has occurred or may be imminent for which local governments are unable to respond adequately, he shall declare a disaster emergency by executive order.” N.Y. EXEC. LAW § 28. Moreover, pursuant to New York Executive Law § 24, the “chief executive may proclaim a local state of emergency within any part or all of the territorial limits of such local government . . . .” N.Y. EXEC. LAW § 24. Furthermore, pursuant to New York Executive Law § 29-a, “the governor may by executive order temporarily suspend any statute, local law, ordinance, or orders, rules, or regulations, or parts thereof, of any agency during a state disaster emergency, if compliance with such provisions would prevent, hinder, or delay action necessary to cope with the disaster or if necessary to aid in coping with such disaster.” N.Y. EXEC. LAW § 29-a.
WA: Rev. Code Wash. (ARCW) §43.06.010 (12) permits the governor to proclaim a state of emergency “after finding that a public disorder, disaster, energy emergency, or riot exists within this state or any part thereof which affects life, health, property, or the public peace.” The state of emergency lasts until the governor terminates it, which the governor must do “when order has been restored in the area affected.” Rev. Code Wash. (ARCW) §43.06.210.
WI: Article IV, §34 of the Wisconsin Constitution provides that “ the legislature, in order to ensure continuity of state and local governmental operations in periods of emergency resulting from enemy action in the form of an attack, shall (1) forthwith provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and (2) adopt such other measures as may be necessary and proper for attaining the objectives of this section.”
Pursuant to Wisconsin Statute 323.10, “If the governor determines that a public health emergency exists, he or she may issue an executive order declaring a state of emergency related to public health for the state or any portion of the state and may designate the department of health services as the lead state agency to respond to that emergency.” WIS. STAT. § 323.10 (2009).