In addition to the state of emergency and the state of threat to the state, the law should now make it possible to declare a state of danger at the national level. Now it exists only in the regional. According to the Ministry of the Interior, it should make it possible to respond better nationwide to, for example, a pandemic, drought or cyber attacks than the current state of emergency.
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Even in a state of danger, the cabinet should be able to restrict property rights, freedom of movement, residence or assembly, but it would not be possible to restrict the right to strike.
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Pirates and STAN, for example, object to the possibility of shortening the passage of laws in times of emergency. “Shortened approval is now possible only in a state of threat to the state and during war, it is an even stricter regime than legislative emergency,” they say.
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They add that at such a moment the rights of the opposition are restricted, the Senate has only 24 hours to discuss the bill and the Chamber of Deputies has limited possibilities. According to Pirates and STAN, the proposed regulation is disproportionate, in addition, the use of the legislative emergency regime proved successful in the spring.
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Repeated postponement of elections
Another of the proposed adjustments, according to opposition parties, threatens to allow unlimited postponement of elections.
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“At present, it is possible to postpone elections in crisis situations for a maximum of half a year, by law. The proposal extends this possibility while maintaining the possibility of a postponement of half a year, but this can be done repeatedly, theoretically indefinitely, ”the opinion states. According to Pirates and STAN, it is not necessary or acceptable to give the government and the majority a similar authority.
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“We demand either the deletion of the point, or at least an adjustment so that the postponement by more than six months must be made by constitutional law,” he states.
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On the contrary, they appreciate that the proposal envisages that the law will introduce a regulation on the issues of the Central Crisis Staff. “Given the importance of this body, its existence should have a legal basis,” said Pirates and STAN. In addition, according to them, it could help prevent the recurrence of spring disputes over the establishment of the staff, its composition and management. According to them, the staff should be regulated in a special law.
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In addition, they also request the submission of an amendment to the Crisis Act with specific regulations on what rights can and cannot be restricted in which state of emergency.
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