CSP Emergency Response

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EUROPEAN CONSTITUTIONAL PROVISIONSADDRESSING EMERGENCY RESPONSE DUTIES

Legal Memoranda

June 2014


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European Constitutional Provisions Addressing Emergency Response Duties, June 2014

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EUROPEAN CONSTITUTIONAL PROVISIONS ADDRESSING EMERGENCY RESPONSE DUTIES

Statement of Purpose

The purpose of this chart is to examine how European states address their roles and capacities regardingemergency response in their constitutions.

STATE

CONSTITUTIONAL COMPARISON CHART

GENERAL EMERGENCY RESPONSE PROVISIONS

AUSTRIA Article 79

(1) The country's military defense is the duty of the Federal Army. It shall be conducted on theprinciples of a militia system.(2) The Federal Army, in so far as the lawful civil power claims its co-operation, has furthermore:

. . .2. to render assistance in the case of natural catastrophes and disasters of exceptional

magnitude.1

BELGIUM No constitutional provision.

BULGARIA Article 61

Citizens shall assist the State and society in the case of a natural or other disaster, on conditionsand in a manner established by law.2

CROATIA The Constitution does not provide for the States role in addressing disasters, but Article 17provides that personal freedoms and rights may be restricted following a natural disaster.3

1AUSTRIA CONST.art. 79(2) (1920), available athttp://www.ris.bka.gv.at/Dokumente/Erv/ERV_1930_1/ERV_1930_1.html.

2BULGARIA CONST.art 61 (1991), available at http://www.parliament.bg/en/const.

3CROATIA CONST.art. 17 (1991), available at https://www.constituteproject.org/constitution/Croatia_2001.


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CYPRUS The Constitution does not reference the states role in emergency response, but Article 183concerns suspension of personal rights or other articles of the Constitution in a state of

emergency.4

CZECH REPUBLIC The Constitution only refers to sending troops to foreign states or allowing foreign presence withinthe Czech Republic in terms of rescue operations in case of natural, industrial and ecologicaldisasters:

Article 43

. . .

(4) The government shall decide on a dispatch of Czech military forces outside the territory of theCzech Republic and on the presence of foreign military forces on the territory of the CzechRepublic for up to 60 days at most when they concern:

. . .c) participation in rescue operations in case of natural, industrial and ecologicaldisasters.

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DENMARK No constitutional provision.

ESTONIA Article 87

The Government of the Republic shall:. . .(8) declare an emergency situation throughout the state or in a part thereof, in the case of a naturaldisaster or a catastrophe, or to prevent the spread of an infectious disease.6

FINLAND No constitutional provision.

FRANCE No constitutional provision.

4CYPRUS CONST.art. 183 (1960), available at

http://www.presidency.gov.cy/presidency/presidency.nsf/all/1003AEDD83EED9C7C225756F0023C6AD/$file/CY_Constitution.pdf?openelement.5CZECH REPUBLIC CONST.art. 43 (1993), available at http://www.psp.cz/cgi-bin/eng/docs/laws/1993/1.html.

6ESTONIA CONST.art. 87 (1992) available athttp://www.president.ee/en/republic-of-estonia/the-constitution/.


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GERMANY Article 35. Legal and Administrative Assistance and Assistance During Disasters(1) All federal and Land authorities shall render legal and administrative assistance to one another.

(2) In order to maintain or restore public security or order, a Land in particularly serious cases maycall upon personnel and facilities of the Federal Border Police to assist its police when withoutsuch assistance the police could not fulfill their responsibilities, or could do so only with greatdifficulty. In order to respond to a grave accident or a natural disaster, a Land may call for theassistance of police forces of other Lnder or of personnel and facilities of other administrativeauthorities, of the Armed Forces, or of the Federal Border Police.7

Additionally, Article 11allows for the restriction of the right to freedom of movement by orpursuant to a statute in order to deal with a natural disaster.8

GREECE Article 22(4)provides that compulsory work is prohibited except in cases of war and socialemergencies from disasters; special laws shall determine such work.

9

7GERMANY CONST.art. 35 (1949), available at https://www.btg-bestellservice.de/pdf/80201000.pdf.

8GERMANY CONST.art. 11 (1949), available at https://www.btg-bestellservice.de/pdf/80201000.pdf.

9GREECE CONST.art. 22(4) (1975), available athttp://www.hellenicparliament.gr/UserFiles/f3c70a23-7696-49db-9148-f24dce6a27c8/001-

156%20aggliko.pdf.


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HUNGARY FREEDOM AND RESPONSIBILITY

Article XXXI

. . .(5) Every adult Hungarian citizen living in Hungary may be ordered to engage in civil protectionfor the purpose of national defence and disaster management as defined by a cardinal Act.(6) Every person may be ordered to provide economic and financial services for the purpose ofnational defence and disaster management, as defined by a cardinal Act.10

THESTATE

Article 45. The Hungarian Defence Forces

. . .(3) The Hungarian Defence Forces shall contribute to disaster prevention and the relief andelimination of the consequences of disasters.11

Article 53. State of Extreme Danger

(1) The Government shall declare a state of extreme danger and may adopt any extraordinarymeasure defined by a cardinal Act in the event of any natural disaster or industrial accident

endangering life or property, or to mitigate the consequences.(2) The Government may adopt decrees in a state of extreme danger to suspend the application ofparticular laws, to deviate from any statutory provision and to adopt any further extraordinarymeasure as defined by a cardinal Act.(3) The government decree set out in Paragraph (2) shall remain effective for fifteen days, unlessthe Government extends the effect of such decree by authority of Parliament.(4) The government decree shall be repealed by termination of the state of extreme danger.12

IRELAND No constitutional provision

ITALY No constitutional provision.

10HUNGARY CONST.art. XXXI (2011), available at http://www.kormany.hu/download/2/ab/30000/Alap_angol.pdf.

11HUNGARY CONST.art. 45 (2011), available at http://www.kormany.hu/download/2/ab/30000/Alap_angol.pdf.

12HUNGARY CONST.art. 53 (2011), available at http://www.kormany.hu/download/2/ab/30000/Alap_angol.pdf.


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LATVIA The Constitution does not provide for the States role in addressing disasters, but Article 106provides that participation in disaster relief is not considered illegal forced labor.

13

LITHUANIA The Constitution does not provide for the States role in addressing disasters, but Article 48provides that participation in disaster relief is not considered illegal forced labor.14

LUXEMBOURG No constitutional provision.

MACEDONIA Article 125

A state of emergency exists when major natural disasters or epidemics take place.

A state of emergency on the territory of the Republic of Macedonia or on part thereof isdetermined by the Assembly on a proposal by the President of the Republic, the Government or byat least 30 Representatives.

The decision to establish the existence of a state of emergency is made by a two-thirds majorityvote of the total number of Representatives and can remain in force for a maximum of 30 days.

If the Assembly cannot meet, the decision to establish the existence of a state of emergency ismade by the President of the Republic, who submits it to the Assembly for confirmation as soon asit can meet.15

13LATVIA CONST.art. 106 (1922), available at http://www.saeima.lv/en/legislation/constitution.

14LITHUANIA CONST.art. 48 (1992), available at http://www3.lrs.lt/home/Konstitucija/Constitution.htm.

15MACEDONIA CONST.art. 125 (1991), available at https://www.constituteproject.org/constitution/Macedonia_2011.


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MONTENEGRO Article 133. Proclamation of the State of Emergency

The state of emergency may be proclaimed in the territory or part of the territory of

Montenegro in case of the following:

1) Big natural disasters;2) Technical-technological and environmental disasters and epidemics;3) Greater disruption of public peace and order;4) Violation or attempt to abolish the constitutional order.

If the Parliament is not able to meet, the Defense and Security Council shall adopt the decision toproclaim the state of emergency and submit it to the Parliament for confirmation as soon as it isable to meet.

The state of emergency shall last until the circumstances that have caused it have ceased to exist.16

NETHERLANDS No constitutional provision.

16MONTENEGRO CONST.art. 133 (2007), available at https://www.constituteproject.org/constitution/Montenegro_2007.


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POLAND CHAPTER XI. EXTRAORDINARY MEASURES

Article 228

1. In situations of particular danger, if ordinary constitutional measures are inadequate, any of thefollowing appropriate extraordinary measures may be introduced: martial law, a state of emergencyor a state of natural disaster.2. Extraordinary measures may be introduced only by regulation, issued upon the basis of statute,and which shall additionally require to be publicized.

17

Article 232

In order to prevent or remove the consequences of a natural catastrophe or a technological accidentexhibiting characteristics of a natural disaster, the Council of Ministers may introduce, for adefinite period no longer than 30 days, a state of natural disaster in a part of or upon the wholeterritory of the State. An extension of a state of natural disaster may be made with the consent ofthe Sejm.18

17POLAND CONST.art. 228 (1997), available at http://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm.

18POLAND CONST.art. 232 (1997), available at http://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm.


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PORTUGAL Article 19. Suspension of the Exercise of Rights

. . .

2. A state of siege or a state of emergency may only be declared in part or all ofPortuguese territory in cases of actual or imminent aggression by foreign forces, aserious threat to or disturbance of constitutional democratic order, or public disaster.. . .8. Declarations of a state of siege or a state of emergency shall grant the public authorities thepower and responsibility to take the appropriate steps needed to promptly restore constitutionalnormality.

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Article 138. Declaration of a State of Siege or a State of Emergency1. Declaration of a state of siege or a state of emergency shall require prior consultation of theGovernment and authorisation by the Assembly of the Republic, or, if the Assembly is not sittingand it is not possible to arrange for it to sit immediately, by its Standing Committee.2. In the event that a declaration of a state of siege or a state of emergency is authorized by theAssembly of the Republics Standing Committee, such declaration shall require confirmation bythe Plenary as soon as it is possible to arrange for it to sit.20

ROMANIA No constitutional provision.

19PORTUGAL CONST.art. 19 (1976), available at http://app.parlamento.pt/site_antigo/ingles/cons_leg/Constitution_VII_revisao_definitive.pdf.

20PORTUGAL CONST.art. 138 (1976), available at http://app.parlamento.pt/site_antigo/ingles/cons_leg/Constitution_VII_revisao_definitive.pdf.


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SERBIA Article 97. Competences of the Republic of Serbia

The Republic of Serbia shall organise and provide for:

. . .4. defence and security of the Republic of Serbia and its citizens; measures in case of the state ofemergency.21

Article 105. Method of Decision Making in the National Assembly

The National Assembly shall adopt decisions by majority vote of deputies at the session at whichmajority of deputies are present.

By means of majority vote of all deputies the National Assembly shall:. . .2. declare and call off the state of emergency,3. order measures of departure from human and minority rights in the state of war andemergency,22. . . .

SLOVAKIA The Constitution does not provide for the States role in addressing disasters, but Article 18

provides that participation in disaster relief is not considered illegal forced labor.23

SLOVENIA No constitutional provision.

SPAIN No constitutional provision.

SWEDEN No constitutional provision.

21SERBIA CONST.art. 97 (2006), available athttps://www.constituteproject.org/constitution/Serbia_2006.

22SERBIA CONST.art. 97 (2006), available athttps://www.constituteproject.org/constitution/Serbia_2006.

23SLOVAKIA CONST.art. 105 (1992), available at https://www.constituteproject.org/constitution/Slovakia_2001.


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SWITZERLAND Article 61. Civil Defence

1. The legislation on the civil defence of persons and property against the effects of armed conflicts

is the responsibility of the Confederation.2. The Confederation shall legislate on the deployment of civil defence units in the event ofdisasters and emergencies.3. It may declare civil defence service to be compulsory for men. For women, such service isvoluntary.

24

UNITED KINGDOM The Constitution does not provide for the States role in addressing disasters. However, the CivilContingencies Act of 2004 defines the meaning of emergency, provides planning measures, and

lists rights and duties concerning emergency situations.25

24SWITZERLAND CONST.art. 61 (1999), available at http://www.admin.ch/ch/e/rs/1/101.en.pdf.

25Civil Contingencies Act of 2004 (United Kingdom, 2004) available athttp://www.legislation.gov.uk/ukpga/2004/36/contents.

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