Prethodno priopćenje
RESTRICTION ON PERSONAL LIBERTIES AND HUMAN AND CIVIL RIGHTS IN STATES OF EMERGENCY
Jasna Omejec
; Pravni fakultet, Zagreb
Sažetak
In times of emergency, for the sake of public order and legality
itself, the rule of law must be temporarily suspended. In Croatia
and in many other European countries the course which the
Executive must then take is constitutionally regulated. A state of
emergency in the Republic of Croatia has been in force for the
last four years. According to the Constitution, whenever a state of
emergency requires it, the President of the Republic has the right
to make decree laws (Notverordnungen) and take extraordinary
(emergency) measures. Such acts are justified during a state of
actual war, a real threat to State independence and integrity, as
well as of a state of internal, legal authorities disorder. During the
continuance of such states, the right to suspend the rule of law is
a prerogative inherent in the President grounded upon the
Constitution. At the same time, the Parliament - or the President,
if it is impossible for the Parliament to be in session - can enact
extraordinary powers of interference with personalliberties and
human and civil rights. The author compares such Croatian regulations
with French, Spanish, and Portuguese constitutional orders
on states of emergency. In accordance with those facts, the
author tries to answer the following questions: is what the
President of the Republic of Croatia is doing necessary, and not
more than is necessary, to protect public order in a state of emergency?
By doing so, is he undertaking all the usual measures
comprising skill and caution, so as to do no more harm than could
be reasonably avoided?
Ključne riječi
Hrčak ID:
32147
URI
Datum izdavanja:
1.3.1996.
Posjeta: 2.350 *