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Τίτλος:Το δίκαιο της ανάγκης στη διεθνή και ελληνική συνταγματική τάξη: υπό το φως των σύγχρονων εξελίξεων
Κύρια Υπευθυνότητα:Σουρτζής, Γεώργιος
Επιβλέπων:Φουντεδάκη, Πηνελόπη Ν.
Θέματα:Αναγκαιότητα (Δίκαιο)
Αναγκαιότητα (Δίκαιο) -- Ελλάδα
Διαχείριση κρίσεων στην κυβέρνηση
Necessity (Law)
Necessity (Law) -- Greece
Crisis management in government
Ημερομηνία Έκδοσης:2007-10
Εκδότης:Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
Abstract:The law of emergency refers to urgent and unpredictable circumstances as well as to exceptional crises. As an institution, it exists in the most legal systems of the world, although there are differences with regard to the generating factors, the manner and frequency of its use and in many other points connected with the position that occupies in the legal structure of every country. The law of emergency, which for many years had no priority to Americans and Europeans, lately it concentrates the attention of the American theoreticians. The basic issue which arises from its study, is the possibility to harmonize and balance two conditions, the safeguarding of the country’s security as well as the protection of individual rights and freedoms.The law of emergency appears with a multitude of meanings. Theoreticians have not as yet managed to provide a common meaning of the institution despite the fact that appears in most constitutional texts. Of course, there are countries, as the USA, which make only an indirect mention to the institution on a constitutional level, while other countries face this issue only on a statutory level.The content o the law of emergency is wide, while, as it has been accepted, it can refer to three different categories of state of emergency. Thus, it may refer to the way that can be treated state crises, economic crises or even the natural disasters. The first category, concerning the state crisis, is mainly about the war clashes, the armed revolt and terrorist attacks, which cannot be inhibited by any usual means and then demand extraordinary measures. In Greece, this is the only category which is regulated in the constitution by article 48. However, the meaning of state crisis is confined by the said constitutional provision to the confrontation of war clashes, of situations which threaten the national security and the suppression of armed movement which pursues the overturning of the democratic regime.The study of theories which have been developed with regard to the law of emergency and the overview of the relevant provisions on an international level can drive us to certain conclusions. There must be noticed, at first, all diametrically diverse view points prevailing in USA and Europe. The USA suggest a series of systems, some of which make acceptable the unlawful (non-conventional) and legally unauthorized action in order to cope with crisis. On the contrary, in European countries we encounter an attachment to the constitutional provisions and there is rejected any case of action beyond their domain.The provisions of the European constitutions which refer to the law of emergency do not seem to have been influenced by the attacks of 11 September 2001. Despite the fact that the terrorist phenomenon has driven the European countries to the development of an antiterrorist legislation, there hasn’t been any connection of the declaration of state emergency as a result of a terrorist attack. The United Kingdom can be mentioned as an exception. The UK, for many decades, has connected the facing of terrorism with the application of an extraordinary legislative framework and the suspension of fundamental rights and freedoms.The European Convention of Human Rights, with 47 member-states, refers to the possibility to declare a state of emergency and to suspend certain fundamental rights, binding the signatories to the convention to make use of the institution only under certain conditions, thus limiting the likely consequences that the use of the institution may have.In Greece, article 48 has faced numerous criticisms. Those criticisms are related, at first, with the contents and the soundness of the legal structure of the said article and second, with the connection of the state of emergency with a tool for the overturning of the constitutional legality, on the basis of the past experience. It would be advisable in a new constitutional revision to have a reshape of article 48, because certain problematic points should be made clear and modified. Furthermore, in accordance with the model applied in many other countries, the economic crises and the natural disasters should be considered as reasons for the declaration of state of emergency.
Περιγραφή:Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικαίου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", Κατεύθυνση Δημοσίου Δικαίου, 2007
Περιγραφή:Βιβλιογραφία: σ. 113-116
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