According to most lawyers, the new state of emergency is unconstitutional, and the House can lift it

According to Aleš Gerloch, it depends on the assessment of whether the government has newly declared a state of emergency in accordance with the Constitutional Act on the Security of the Czech Republic or decided to continue it. According to Pavel Hasenkopf, the crucial fact is the request of the governors, which distinguishes the previous and current state of emergency.

The government decided to declare a new state of emergency on Sunday, lasting until February 28. He thus followed up on the current state of emergency, which ended at midnight. At the same time, Prime Minister Andrej Babiš (YES) announced that he would try to convince the Chamber of Deputies of the need to extend the state of emergency even after 14 days. Minister of Finance Alena Schillerová (for YES) added that the cabinet is based on the opinions of lawyers from the Ministries of the Interior, Health and Finance. According to her, the decision is based on the request of the governors, ie a different factual situation than the current state of emergency.

“It is unconstitutional, because under the guise of a new proclamation it is the duration of the same state of emergency, which, however, was due to the end of the Chamber of Deputies. The request of the governors does not change anything at the moment,” Kysela said. “We can all come to terms with this, the Chamber of Deputies can annul it, the proclamation can be challenged before the Constitutional Court,” he said of the possibilities of further action. According to the Act on Constitutional Security, the Lower House may cancel the announcement.

Also, according to Antoš, the state of emergency was declared for the same reason as the previous one, so in reality it is not a new state of emergency, but a continuation of the previous one. “The request of the governors does not change anything and cannot break the constitutional law on security in any way. It is therefore a violation of the constitutional order,” he wrote to ČTK.

“In my opinion, even in analogous cases, where the flow of time is limited, there should be a deadline and a gap in which it should be possible to declare a state of emergency again,” Pavlíček said. According to him, it is a matter of constitutional practice what the period should be between the end of the previous and the new state of emergency. “If they decided on it a day later, it probably wouldn’t be the problem,” he said.

According to Gerloch, the possible unconstitutionality of a government decision depends on whether it will be considered as a new declaration or a continuation of a state of emergency according to individual sections of the Security Act. “Continuation requires the consent of the Chamber of Deputies, which did not happen. The government used the crisis law, where governors do not want a different regime by region, the so-called state of danger, and asked, under certain conditions, to declare a state of emergency for 14 days,” he said. Now, according to him, it is up to the House to decide whether to lift the state of emergency. “Until this decision to cancel it, a state of emergency applies,” Gerloch added.

Hasenkopf sees nothing unconstitutional in the new state of emergency. “The admission of the governors that they will not be able to cope with the situation of the region without a state of emergency and need a transitional state is a new fact that fundamentally distinguishes the old state of emergency from the new one. If the Chamber has a different opinion on resolving the situation, “wrote ČTK.

Source: EuroZprá by

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