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News 2020 - March 28th - State of Emergency - explanation in English

News 2020 - March 28th - State of Emergency - explanation in English

28-Mar-2020

WHAT IS THE STATE OF EMERGENCY
The state of emergency, for the Constitution of Cape Verde (art. 270), can be declared, on all or part of the national territory, in the event of "effective aggression or imminent aggression" ... . or "serious threat or disturbance of the constitutional order"
It is up to the President of the Republic to make the decision and announce it, after listening to the Government and the Council of State.
Only after Parliament's approval does the presidential decree become official. Subsequently, it is up to the government to define the rules to be implemented to defend the interests of the national territory.

HOW DOES IT WORK
In Cape Verde this is the first time that a state of emergency has been decreed.
It will come into effect at midnight on March 29 and will remain in place for twenty consecutive days.
During this phase, the dissolution of Parliament is prohibited and the authorities have the power to take decisions that may result in the temporary limitation of personal freedoms, rights and guarantees.
It should be underlined that (art. 274 of the Constitution) in no case the state of emergency can call into question the right to life, physical integrity, personal identity and freedom of conscience and religious.

HOW LONG (art.272)
The state of emergency (with the exclusion of the state of war) "cannot last more than thirty days" but in case of need it is "extendable for the same period and for the same reasons".

CONCLUSION
The "state of emergency" although with more or less complex and articulated forms is foreseen in almost all the legal systems of modern countries with the aim of defending national interests and of making general interests prevail over specific ones.

2010 CONSTITUTION OF THE REPUBLIC OF CAPE VERDE
g) The results of the election of bodies provided for in the Constitution
national referenda and referenda;
h) The regulations of the Council of the Republic and of the Council
Economic, Social and Environmental, as well as those of all
collegiate bodies provided for in the Constitution;
i) In general, any act of generic content of the organs
sovereignty or municipal authorities or of a higher
perior.
2. The law determines the forms of publicity for other acts and the
consequences of your absence.
PART VI
DEFENSE GUARANTEES AND REVIEW
CONSTITUTION
TITLE I
SITE AND EMERGENCY STATE
Article 270
(State of siege)
The state of siege can only be declared, in whole or in part of the
national territory, in the case of actual or imminent aggression from the territory
national security by foreign forces or serious threat or disturbance of
constitutional order.
Article 271
(Emergency state)
The state of emergency will be declared, in whole or in part of the
national territory, in the event of public calamity or disturbance
constitutional order whose gravity does not justify the declaration of the
state of siege.
Constitution 2010.indd 158 08-10-2010 8:51:21
159
CONSTITUTION OF THE REPUBLIC OF CAPE VERDE 2010
Article 272
(Rationale and duration)
1. The declaration of a state of siege or emergency must be
duly substantiated and the scope
territorial impact, its effects, the rights, freedoms and guarantees
are suspended and their duration, which cannot exceed
thirty days, extendable for an equal period and with the same
procedures.
2. In the event of war and having declared a state of siege, the law
may set a deadline for this period longer than that established in the
previous period, in which case the duration of the state of siege should
be strictly necessary for the prompt restoration of
democratic evil.
Article 273
(Ban on dissolution of the National Assembly)
1. During the state of siege or emergency, it cannot be
the National Assembly is dissolved, which is automatically convened
da if you are not in session.
2. If the National Assembly is dissolved or if it has
ended the legislature on the date of the declaration of state of siege or
emergency, its powers will be assumed by the Commission
Permanent.
Article 274
(Subsistence of certain fundamental rights)
The declaration of a state of siege or emergency in no case
affect the rights to life, physical integrity, personal identity
personal capacity, civil capacity and citizenship, the non-retroactivity of law
the defendant's right of defense and freedom of conscience and freedom of
religion.
Constitution 2010.indd 159 08-10-2010 8:51:21
160
2010 CONSTITUTION OF THE REPUBLIC OF CAPE VERDE
Article 275
(Powers of the sovereign bodies)
The declaration of a state of siege or emergency cannot affect
constitutional rules on jurisdiction and functioning
sovereignty bodies, nor the rights and immunities of the respective
holders, nor can it change the principles of State responsibility
and its agents recognized in the Constitution.
Article 276
(Extension of elective mandates and prohibition
elections)
1. Declared the state of siege, are automatically extended
the mandates of the elected members of the organs of political power
must end during its term.
2. Declared a state of emergency restricted to a part of the
national territory, the provisions of the preceding paragraph apply to
of the respective area.
3. During the duration of the state of siege or emergency and until the
thirtieth day after its termination, it is not allowed to carry out
any electoral act.
TITLE II
CONSTITUTIONALITY SUPERVISION
Article 277
(Unconstitutionality per share)
1. Norms and resolutions with normal content are unconstitutional
individual or concrete and that contravene the provisions of the
the principles contained therein.
2. The organic or formal unconstitutionality of treaties or agreements
of internationals dealing with matters of reserved competence of the ?


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