The President of the Republic may declare a state of emergency in the event of a threat to national security or public order. The declaration shall be made by a decree that specifies the reasons for the declaration and the measures to be taken. The decree shall be published in the Official Gazette and shall come into effect immediately. The state of emergency shall be limited to a period of six months, renewable for another six months with the approval of the House of Representatives.
Plain language: The President can declare a state of emergency if the country is in danger, and this gives the government special powers to keep people safe. The declaration is made public and is limited to a certain time period.
During a state of emergency, the government may take measures to restrict the freedom of assembly and demonstration, as well as the freedom of speech and the press. These measures may include the prohibition of public gatherings, the closure of newspapers and other media outlets, and the detention of individuals who are deemed to be a threat to national security. The government may also impose curfews and restrict the movement of people and goods. The measures shall be proportionate to the threat and shall not exceed what is necessary to address the emergency.
Plain language: In an emergency, the government can limit the right to gather, speak freely, and access information, but only to the extent necessary to keep people safe.
The government may establish a special fund to finance the measures taken during a state of emergency. The fund shall be managed by the Ministry of Finance and shall be used to cover the costs of the measures taken, including the deployment of security forces, the provision of humanitarian aid, and the repair of damaged infrastructure. The government shall also take measures to ensure the continuity of essential public services, including healthcare, education, and transportation.
Plain language: The government can set up a special fund to pay for the costs of dealing with an emergency, and must make sure that essential services like healthcare and education keep running.
The declaration of a state of emergency shall not affect the jurisdiction of the ordinary courts, except in cases where the emergency measures require the establishment of special courts or the suspension of certain legal procedures. In such cases, the government shall ensure that the special courts or procedures are fair and impartial, and that the rights of the accused are protected. The government shall also take measures to ensure that the emergency measures do not discriminate against any particular group or individual.
Plain language: Declaring an emergency does not normally change how the courts work, but in some cases special courts or rules may be needed, and the government must make sure these are fair and do not unfairly target certain groups.
The state of emergency shall be lifted when the threat to national security or public order has been eliminated, or when the measures taken to address the emergency are no longer necessary. The government shall review the state of emergency every six months and shall report to the House of Representatives on the measures taken and the progress made. The House of Representatives may vote to extend the state of emergency or to lift it, and the government shall be bound by the decision of the House.
Plain language: The state of emergency ends when the danger has passed or the special measures are no longer needed, and the government must regularly review and report on the situation to the parliament.