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EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION): Compilation of Venice Commission Opinions and Reports on States of Emergency Strasbourg, 16 April 2020, CDL-PI(2020)003]
This document is a compilation of extracts taken from reports/studies adopted by the Venice Commission on emergency powers and states of emergency and of country-specific opinions on relevant constitutional provisions and/or (draft) emergency laws. […]
1. INTRODUCTION
I. BENCHMARKS
II. DECLARATION OF STATE OF EMERGENCY: DEFINITION AND SUBSTANTIVE REQUIREMENTS
III. DEROGATION FROM HUMAN RIGHTS OBLIGATIONS
IV. CONSTITUTIONAL ENTRENCHMENT OF THE STATE OF EMERGENCY
V. DECLARATION OF STATE OF EMERGENCY: COMPETENCES
VI. OVERSIGHT OF THE DECLARATION AND PROLONGATION OF THE STATE OF EMERGENCY
a. Parliamentary oversight
b. Judicial review
VII. DURATION OF THE STATE OF EMERGENCY
VIII. DURATION OF THE EMERGENCY MEASURES
IX SCOPE OF THE EMERGENCY MEASURES
a. Principles of necessity and proportionality
b. Permanent effects
c. Specific matters
d. Interpretation
e. Constitutional amendment
f. The powers in respect of local self-governing bodies
g. Military tribunals, authorities and armed forces
X. ELECTIONS DURING STATES OF EMERGENCY
a. General
b. Constitutional referéndums
c. Extraordinary presidential elections during military and emergency situations
d. Postponing elections
e. Amendments to electoral
XI. DISSOLUTION OF PARLIAMENT
XII. ACTIVITIES OF POLITICAL PARTIES
XIII. REFERENCE DOCUMENTS
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This document is a compilation of extracts taken from reports/studies adopted by the Venice Commission on emergency powers and states of emergency and of country-specific opinions on relevant constitutional provisions and/or (draft) emergency laws. […]
1. INTRODUCTION
I. BENCHMARKS
II. DECLARATION OF STATE OF EMERGENCY: DEFINITION AND SUBSTANTIVE REQUIREMENTS
III. DEROGATION FROM HUMAN RIGHTS OBLIGATIONS
IV. CONSTITUTIONAL ENTRENCHMENT OF THE STATE OF EMERGENCY
V. DECLARATION OF STATE OF EMERGENCY: COMPETENCES
VI. OVERSIGHT OF THE DECLARATION AND PROLONGATION OF THE STATE OF EMERGENCY
a. Parliamentary oversight
b. Judicial review
VII. DURATION OF THE STATE OF EMERGENCY
VIII. DURATION OF THE EMERGENCY MEASURES
IX SCOPE OF THE EMERGENCY MEASURES
a. Principles of necessity and proportionality
b. Permanent effects
c. Specific matters
d. Interpretation
e. Constitutional amendment
f. The powers in respect of local self-governing bodies
g. Military tribunals, authorities and armed forces
X. ELECTIONS DURING STATES OF EMERGENCY
a. General
b. Constitutional referéndums
c. Extraordinary presidential elections during military and emergency situations
d. Postponing elections
e. Amendments to electoral
XI. DISSOLUTION OF PARLIAMENT
XII. ACTIVITIES OF POLITICAL PARTIES
XIII. REFERENCE DOCUMENTS
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