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Law No. 44/86 establishing the state of siege and state of emergency regime.

Country/Territory
Portugal
Document type
Legislation
Date
1986
Source
FAO, FAOLEX
Original source
Diário da República No. 225, Série I, 30 September 1986.
Subject
General
Keyword
Early warning system Hazards Ecosystem preservation Risk assessment/management Legal proceedings/administrative proceedings Social protection Public health
Geographical area
Europe, Europe and Central Asia, European Union Countries, North Atlantic, North-East Atlantic, Southern Europe
Abstract

This Law, consisting of 29 articles divided into five Chapters, establishes the state of siege and state of emergency regime. The state of siege is declared when there are imminent acts of force or insurrection that jeopardize sovereignty, independence, territorial integrity or the democratic constitutional order and cannot be eliminated by the normal means provided for in the Constitution. The state of emergency is declared when there are less serious situations, namely when there are or threaten to occur cases of public emergency. In the declaration of the state of emergency, only partial suspension of the exercise of rights, freedoms and guarantees can be determined, providing, if necessary, for strengthening the powers of civil administrative authorities and supporting them by the Armed Forces. The declaration of a state of siege or a state of emergency is under the responsibility of the President of the Republic and depends on the hearing of the Government and the authorization of the Assembly of the Republic or the respective Permanent Commission.

Full text
Portuguese
Website
dre.pt