Отменя ли извънредното положение или обстановка правовата държава?
Does the Emergency State or Situation Derogate the Rule of Law?

Summary/Abstract: This article tackles the current tensions between the legal regime of the emergency state or situation and the constitutional principle of the rule of law. It offers criticism of the way in which the Bulgarian Constitutional Court addresses these issues, and especially the lack of any legal restrictions on the discretion of the authorities to declare either an emergency state or an emergency situation. The reasoning of the Constitutional Court is close to the approach of Carl Schmitt, the famous theorist of the emergency state, whose contribution to the debate for the Rechtsstaat in 1933-1936 is highly controversial. Such parallel raises a number of questions regarding the use of emergencies to abolish the rule of law in practice.

• Details
• Contents