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Covid-19 and stress on fundamental rights in Portugal: an intermezzo between the state of exception and constitutional normality
Before the declaration of constitutional emergency, and to prevent the national health system from collaps¬ing, the Portuguese Government enforced several measures under the existent legislative order (addressed in further detail at 2). Based on the Framework Law of Civil Protection and the order Health Law, on March 12th, the Government enacted Decree-Law 10-A/2020, which approved the closure of schools, permitted future restrictions on accessing shopping malls, restaurants and bars, established teleworking as mandatory, and allowed a prompt public procurement regime for public health services. […]
1. Measures implemented to address the COVID-19 crisis: From constitutional emergency to administrative exception
1.1 Measures before the state of exception
1.2 Constitutional emergency
1.2.1 Constitutional emergency design in the Portuguese Constitution
1.2.2 Three presidential decrees of emergency and their execution by the Government
1.3 Administrative escalator of exception: states of alert, contingency and calamity
2. COVID-19 regulation in Portugal
3. Legislation-making and enforcement
3.1 A sui generis system of government
3.2 Political and administrative decentralization
4. Academic debate on fundamental rights’ distress in Portugal
4.1 Debate on the measures approved before the state of exception
4.2 Debate on the pertinence and on the design of the constitutional emergency
4.3 Debate on the transition from constitutional emergency to administrative exception: a de facto con¬stitutional emergency?
4.4 Debate on COVID-19 jurisprudence
5. Portuguese legislation, jurisprudence and bibliography concerning COVID-19
5.1 Legislation
a) Before the constitutional state of emergency
b) During the constitutional state of emergency
c) After the constitutional state of emergency
5.2 Jurisprudence
- Formato: PDF
- Número de páginas: 12
Before the declaration of constitutional emergency, and to prevent the national health system from collaps¬ing, the Portuguese Government enforced several measures under the existent legislative order (addressed in further detail at 2). Based on the Framework Law of Civil Protection and the order Health Law, on March 12th, the Government enacted Decree-Law 10-A/2020, which approved the closure of schools, permitted future restrictions on accessing shopping malls, restaurants and bars, established teleworking as mandatory, and allowed a prompt public procurement regime for public health services. […]
1. Measures implemented to address the COVID-19 crisis: From constitutional emergency to administrative exception
1.1 Measures before the state of exception
1.2 Constitutional emergency
1.2.1 Constitutional emergency design in the Portuguese Constitution
1.2.2 Three presidential decrees of emergency and their execution by the Government
1.3 Administrative escalator of exception: states of alert, contingency and calamity
2. COVID-19 regulation in Portugal
3. Legislation-making and enforcement
3.1 A sui generis system of government
3.2 Political and administrative decentralization
4. Academic debate on fundamental rights’ distress in Portugal
4.1 Debate on the measures approved before the state of exception
4.2 Debate on the pertinence and on the design of the constitutional emergency
4.3 Debate on the transition from constitutional emergency to administrative exception: a de facto con¬stitutional emergency?
4.4 Debate on COVID-19 jurisprudence
5. Portuguese legislation, jurisprudence and bibliography concerning COVID-19
5.1 Legislation
a) Before the constitutional state of emergency
b) During the constitutional state of emergency
c) After the constitutional state of emergency
5.2 Jurisprudence
- Formato: PDF
- Número de páginas: 12
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