scholarly journals Constitutionalizing Emergency Power in a Time of Jihadist Terrorism: France 2016 as a Case of Misunderstanding and Failure

2018 ◽  
Vol 19 (2) ◽  
pp. 251-266
Author(s):  
Pasquale Pasquino

In this article, I present some aspects of the debate on the state of emergency that ensued in France after the terrorist attack at the Bataclan on November 13, 2015. The proposal by President Hollande to constitutionalize emergency provisions triggered the debate. I will also discuss why that attempt failed. In agreement with what Ernst-Wolfgang Böckenförde wrote in his article “The Repressed State of Emergency: The Exercise of State Authority in Extraordinary Circumstances,” I intend to show that constitutionalizing emergency measures—rather than presenting a threat to theRechtsstaat—may be the best way to protect it. In the absence of a constitutionalized definition of competence and limits of such an exceptional power, the government can act without limits as to the exceptional measures that it may want to take.

2021 ◽  
Vol 30 (4) ◽  
pp. 41-67
Author(s):  
Valentina Chekharina

The COVID-19 pandemic became widespread across the world throughout 2020 and 2021 in an emergency that gravely impacted the health and lives of people around the world. States have taken exceptional measures to combat the pandemic, including controversial decisions to introduce emergency regimes, which have been questioned in regards to their compliance with constitutional regulations. The fight against the COVID-19 pandemic requires special measures, however they must remain within the constitutional framework. Consequently, the pandemic and its effect upon the legality of regimes in a state of emergency has captured the attention of legal scholars. The aim of this study is to analyse the constitutional regulation of the state of emergency in the Republic of Poland which was introduced in the country during the COVID-19 pandemic. In Poland, an emergency regime was introduced following an order by the Minister of Health. However the state of emergency (here, natural disaster) as stated by the Constitution was not introduced, although, according to analysts, some state bodies and officials had confirmed that all the necessary conditions for this were met. On 2 March 2020, the so-called Special Law on Coronavirus was adopted, followed by other regulations to fight the pandemic. These analysts stated that the measures introduced by the new acts corresponded to a legal regime containing the constitutional characteristics of a state of emergency, but lacked the appropriate constitutional procedure for their introduction. Presidential elections were held at this time, however legally they cannot be held during a state of emergency, as it indicates the presence of political interests in the choice of the regime. The unconstitutional procedure of the introduction of emergency measures alongside their characteristics of the state of emergency make it possible to consider the epidemic regime introduced in Poland a “hybrid” state of emergency, which is not detailed by the Constitution or legislation. On this basis, the study concludes that reasons behind the unconstitutional response to the COVID-19 pandemic in Poland can be found in both the Constitution, and in the manifestations of the crisis of the constitutional and legal system, which began with the reform of Poland’s Constitutional Tribunal by the ruling Law and Justice party in 2015.


Author(s):  
Zlatka Grigorova ◽  

The report summarizes information on the state of the tourism business in Plovdiv after the introduction of Covid-19 restrictive emergency measures, as well as the expectations for the development of tourism in the coming months based on an online survey at the end of April 2020. The report outlines the overall state of the industry as well as the difficulties it faces and the efforts it made to retain employment and towards recovery. The adaptability of the business in the current economic situation and the search for new innovative approaches to attract and welcome tourists are highlighted, in order to reach more potential customers after the end of the state of emergency.


Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 663
Author(s):  
Iwan Satriawan ◽  
Devi Seviyana

The research aims to analyze the power and limit of the state and whether Indonesia has properly adopted the concept of powers and limits during state emergency of COVID-19 pandemic. The method of the research was normative legal research which used statute and case approach were employed for data analysis. The result shows that a state may apply some types of power in an emergency condition. However, in using its powers, the government must consider principle of limits in a state of emergency. In fact, Indonesia does not properly adopt the balance of power and limit in the state of emergency during COVID-19 pandemic. It is true that the government may take actions to respond to the COVID-19 pandemic. However, the State cannot exceed the limitations of using powers in accordance with state emergency principle. There was a tendency to exceed the limits by the State during the pandemic. The State has violated some state of emergency principles during COVID-19 pandemic such as temporary, the rule of law, necessity, proportionally, intangibility, constitutionalism, harmony, and supervision. The research recommends that the Government and the House of Representatives (the DPR) in the future should obey the state of emergency principles, particularly in terms of state power limits to respect constitutional principles and rule of law. In addition, individuals, groups of people, or organizations may submit judicial review of laws or regulations that violate the state of emergency principles in handling pandemic in the light of protecting the fundamental rights of citizens.


2019 ◽  
pp. 48-51
Author(s):  
I. Shcherbakova

An attempt to solve the agrarian question at the beginning of the 20th century has been analyzed. The interaction and confrontation of two ministries – the Ministry of Finance and the Ministry of the Interior and local authorities: local committees of the Special Meeting on the needs of the agricultural industry and provincial committees of the Editorial Commission of the Ministry of the Interior, their attempts to discuss and resolve the peasant issue at the beginning of the 20th century, – have been examined. It has been substantiated, that at the beginning of the 20th century the state authorities did not develop a unified course in resolving the peasant issue and only the events of the 1905 revolution forced the government to take emergency measures in the development of agricultural legislation.


SEEU Review ◽  
2020 ◽  
Vol 15 (1) ◽  
pp. 24-42
Author(s):  
Abdulla Azizi

AbstractConsidering that in times of state of emergency or civil emergency (such as the pandemic caused by COVID 19), governments in many countries around the world have restricted human rights and freedoms through legally binding government decrees. These restrictive measures increasingly raise dilemmas about their effect and possible violations by the government of international norms guaranteeing human rights. The paper aims to analyze whether these restrictive measures set out in the decisions of the Government of the Republic of Northern Macedonia (RNM) are in compliance with the derogations allowed under the European Convention on Human Rights and Freedoms (ECHR) and the positive laws in power. In the framework of this paper is analyzed whether these measures have the sole purpose of protecting the health of citizens or not.The work is limited in terms of time (as long as the state of emergency lasted three months) and territory (government decrees with the force of law).Descriptive, historical, analytical, comparative and citizen survey methods are used in this paper.Government decrees have been analyzed in order to assess whether they were prudent, in accordance with international standards and consequences that they have caused to citizens.The conclusions provide data on whether the management of the situation has been appropriate or not and to what extent it has been effective, as well as how much it has been within the international framework and how they have affected the quality of life of citizens.


2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Bifatife Olufemi Adeyese, ◽  
Ishola Kamorudeen Lamidi

This study examines the extent to which the Nigerian journalists comply with ethical values in the course of their reportage. Two national dailies – The Nation and Daily Trust newspapers were selected for content analysis, using systematic random sampling technique to pick 26 editions per newspaper. A period of six months from 14 December 2014 to 14 June, 2015, covering the 4th phase of the state of emergency was chosen. Tables, figures, and sample percentage counts were employed in making the research data easily understandable. The findings revealed that though the newspapers appeared to be ethically compliant in their reportage, none of the two newspapers was neutral in its reportage of the state of emergency rule. Majority of their stories were considered unpleasant and capable of aggravating the crisis in the troubled states. The hypothesis were tested, one showed that there is a significant difference between the number of news stories and the number of ethical breaches in the selected newspapers; hypothesis two showed a significant difference between ethically breaching and ethically standard reports/content of the selected newspapers; hypothesis three showed a significant difference between the ethical breaching of Daily Trust and those of The Nation –X2 = 0.09; P<0.05, df1. The study therefore, recommends that journalists should always have a healthy regard for the public interest, desist from slavish adulation and join hands with the government in bringing about lasting peace to the troubled states and desist from publishing inflammatory stories.


Author(s):  
Richard Danakari

Introduction. The article examines the nature and essence of patriotism and friendship of peoples, their crucial role for the life of the Russian Federation. Over the past decades, radical changes have taken place in the political system of Russia, its social and ethnic structure, and a heterogeneous ethno-confessional society has been formed. The author shows that patriotism and friendship of peoples are the most important determinants, specific properties necessary for the integration of our multinational federation ensuring order and stability in the country, its sustainable and dynamic development, the gradual formation of new supra-ethnic and supra-confessional values, and general cultural identity. Methods. The combination of applying methods and approaches is the key to studying the theory and practice of patriotism, recognizing its procedural nature, unity and opposition in the activities of the state and society, the interests of the government, political parties and social groups. The use of the polyparadigmatic methodology in studying the nature and essence of patriotism, in particular, the activity and civilizational approaches, the synergetic method, dialectic categories made it possible to determine the complexity and continuity of the formation of patriotism and patriotic work, to reveal dynamism and conflict, general and special features in them. Analysis. Studying the real state of Russian society points to the weakness of systemic activities of patriotic education, preserving and strengthening the unity and friendship between nations. The lack of a common goal problematizes the search for a common patriotic idea, new foundations for Russian civilization, the common existence of nations, the construction of a welfare state and a harmonious society. Results. The article reveals inadequacy of the declared ideas of patriotism and friendship of peoples to the policy and practice of implementing neoliberal values and the priority of individualism. The author shows that the process of further fragmentation and stratification, alienation and separation of people according to racial, national, ethnic, cultural, religious, confessional, generational, professional and other characteristics continues in society. The transition of already atomized individuals from the ethnic mentality and national behavioral stereotypes to a single patriotic goal – the all-Russian identity – is formal. Today, the activity on the formation of patriotism and patriotic attitudes of consciousness does not affect the deep, essential foundations of society, is of a festival and manipulative nature, and in many respects concerns only the military sphere, tourism and sports. The notes mentioned create significant difficulties in understanding the idea of the common welfare, genuine and false in patriotism, the definition of objective interests of the state, authority and society, social groups and individual elites. Modern globalization inevitably involves taking into account the national interests of Russia, the search for optimal forms of interconnection of civilizational and universal principles.


Author(s):  
Michael Menzhega ◽  
Marina Sawelewa ◽  
Aleksandr Smuskin

The authors analyze the work of law enforcement bodies in the conditions of the pandemic when the situation has not been recognized as an emergency by the government authorities and the state of emergency has not been announced (using the example of the situation in March — April of 2020 connected with the COVID-19 pandemic). They stress the importance of a comprehensive assessment of how critical the situation is and of carrying out certain actions even before it is recognized as an emergency. The authors also analyze various approaches to this situation used in difference regions of Russia and point out negative consequences of the implementation of some decisions. It is shown that law enforcement activities, in comparison with other functions of the state, provide fewer opportunities for avoiding personal contact with citizens. In this connection, different ways of carrying out criminalistic activities effectively that take into consideration the necessity of minimizing personal contact for the investigator are presented, such as: distance communication, investigative activities in virtual reality, use of unmanned aerial vehicles to examine the scene of crime without visiting the area during lockdown, use of criminalistic robotics and other robotic complexes. The authors note with regret that while the administration of law enforcement during an emergency situation or a state of emergency is supported by research-based recommendations, it is left in a virtual vacuum, research- and methodology-wise, in the situation of restrictive measures and self-isolation. The article describes both measures of general prevention (use of medical masks, disposable gloves, disposable clothes, hazmat suits), and special possibilities provided by information and communication technologies available in the conditions of the fourth information revolution. The latter, according to the authors, are a wider use of videoconferencing (including its use for such investigative actions as interrogation, confrontation, identification parade, examination), use of computer-augmented reality, implementation of the concept of electronic justice and the use of robotic complexes for criminalistic purposes.


Author(s):  
Tatiana Vasilieva

Dueto the global nature of the COVID-19 pandemic, public authorities of different countries had to deal with similar tasks related to protecting of public interests and ensuring the right to health, inextricably linked to the right to life. Italy was the first Western democracy to experience the effects of the coronavirus. On January 31, 2020, a state of emergency was introduced in the country, which was supposed to be in effect until July 31, 2020. In March it was extended to the entire territory of the country, and severe restrictions on freedom of movement were introduced. The COVID-19 pandemic has demonstrated the ability of public authorities to withstand an emergency and at the same time exposed systemic problems in the relationships of public authorities, both at the horizontal and vertical levels. Introduction of the state of emergency resulted in the Government’s significant increase of power. The situation was managed either by delegated legislation, or by administrative regulations of the President of the Council of Ministers or individual Ministers. The decrees of the President of the Council of Ministers have taken a leading role in the emergency management. Within a month after the declaration of the state of emergency, the Italian Parliament did not show any activity and resumed its activities only due to necessity to approve decrees and laws. In fact, the constitutional control over the Government activity was weakened. The lack of due coordination between the State and regions in the normative sphere undermined trust between authorities and had a negative impact on adherence to the principle of loyal cooperation.


Author(s):  
Akhileshwar Pathak

The Fundamental Rights, guaranteed by the Constitution of India, are very substantive rights. The rights, however, are available only against the State as defined in Article 12 of the Constitution. The definition of State includes the Union and States' legislatures and executive. The meaning of these terms is clear and definite. The last entry in the definition is Other Authorities. This term has been subject to judicial interpretations. The Airport Authority of India Case was a landmark judgement expanding the scope of Other Authorities. It formulated that a public corporation, which was an instrumentality or agency of the government, should be considered as Other Authority.


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