THE STATE OF EMERGENCY IN CONSTITUTIONAL REGULATIONS
THE STATE OF EMERGENCY IN CONSTITUTIONAL REGULATIONS

Summary/Abstract: The state of siege and the state of emergency regard crisis situations generated by the emergence of serious threats to the country’s defence and national security, constitutional democracy or by the need to prevent, limit or remove the consequences of disasters. State bodies can appreciate, depending on circumstances, to what extent they will apply the rule of law when there is a state of necessity, because, in such exceptional circumstances, the competent bodies may ask for the necessary measures, even if the law would be violated for this purpose. The measure ordered by the authorities must be in direct proportion with the situation that caused it and be applied indiscriminately, without causing prejudice to the existence of the law or to freedom. The Constitution, in Art. 92 par 3 and Art. 93, regulates two situations in which the state of siege or the state of emergency, as state of necessity, would justify such measures being taken.

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