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The Constitution provides that the Seimas can introduce a state of emergency throughout the territory of the state or in a part of it if the constitutional order is threatened in the state.
Politicians speak louder about special measures
One by one, politicians mention the possibility of introducing a state of emergency in Lithuania to control the spread of Covid-19. Here, Foreign Minister Gabrielius Landsbergis claims that the introduction of a state of emergency in Lithuania would provide more tools to control the virus.
“The state of emergency turns a courteous warning into an obligation that the government can instruct the people, their departure from home can be more severely restricted if they are raped, and other measures are planned,” Landsberg told the BNS news agency. .
Prime Minister Ingrida Šimonytė, who mentions the curfew, does not rule out such possibilities. According to the prime minister, he would propose to introduce it without reducing the mobility of the population.
“If such restrictions are needed, which are essentially curfew restrictions, that is, what applies in many European countries anyway, probably in almost all European countries there are restrictions on just leaving home, then the Seimas already I should ask you to set those restrictions. ” I. Šimonytė told reporters at the Seimas on Thursday.
When and why is an emergency imposed?
However, a state of emergency, as the name suggests, is not the norm. According to the provisions of the Constitution, a state of emergency is introduced when the constitutional order of the state is threatened.
“For example, the Seimas cannot function, the Government is assaulted and the work of the courts is interrupted. In other words, those institutions that exercise state power cannot exercise their powers.
On the other hand, that constitutional order is democracy, a free press, the media, a ban on censorship. In other words, there must be a real threat to the system of life and organization of power, which is enshrined in the Constitution, “said Vytautas Sinkevičius, an expert in constitutional law and professor at Mykolas Romeris University.
As soon as the state of emergency is imposed, the whole of Lithuania will know about it, because all the media must report on the introduction of this legal regime.
Who can impose a state of emergency?
The president also has the right to establish a state of emergency when the Seimas is not seated. In this case, you must convene an extraordinary session of the Seimas to consider this issue. For its part, the Seimas can approve or revoke the president’s decision.
What would change?
The state of emergency is regulated by law. This and the Constitution provide for various rights and freedoms that citizens could lose as a result of this legal regime.
In some places in Lithuania, in case of emergency, direct management could be introduced. If necessary (during disasters, catastrophes, armed actions) the evacuation of the population is organized.
One of the restricted rights is the human right to enjoy the inviolability of the home. The emergency resolution may provide that during its existence, in order to remedy the effects of an emergency or crisis or to guarantee public safety and public order, the officers of the commander’s office shall have the right to enter the person’s home. at any time of the day without your consent.
It would also restrict the right to express one’s beliefs, receive and impart information. The Emergency Resolution may stipulate that the search, reception, dissemination of information about an emergency or crisis situation or actions of institutions and state officials, commanders, is allowed only with the consent or permission of the heads of the relevant state institutions. This would limit the work of the media.
Freedom of movement would be restricted. The order may provide that people will not have the right to change their permanent residence without a special permit, except in the case of leaving the territory of the state of emergency or evacuation of said people.
The imposition of a state of emergency can restrict the movement of certain types or categories of vehicles, people or goods across the border or temporarily close certain border inspection posts.
The activities of political parties, organizations and public bodies may be restricted.
Meetings in public places can also be prohibited.
In an emergency, people should always carry identity documents with them. People without those documents can be detained for up to 24 hours until their identity has been established.
A curfew can also be entered. This is the time of day when it is forbidden to be in public places without special permission and identity documents.
The state of emergency would restrict the movement of vehicles, restrict entry into Lithuania and allow the control of vehicles, people and their luggage.
If necessary, it is possible to change the work regime of enterprises, reorganize their economic activities.
People can also be detained to prevent the spread of communicable diseases, hospitalized, and isolated and treated.
A pandemic is not the cause of a special legal regime
However, V. Sinkevičius criticizes the speeches of politicians about the possibility of introducing a state of emergency. According to him, there are other measures to control the pandemic.
“A state of emergency can be imposed when there are two constitutional reasons. If a person, say, infected with the plague, walks the streets, who is he threatening? The constitutional order? Is he seriously endangering society? “Well, probably not. This is not the basis of an emergency.”
The fact that a person suffering from a dangerous communicable disease can be isolated is in the Human Infectious Diseases Act. There it says that these people can be isolated. But this does not require a state of emergency, “said V. Sinkevičius.
V. Sinkevičius mentions mass disturbances, such as riots, as a threat to the seriousness of society, so a state of emergency could be imposed.
“Let’s say that there are riots, that they break down, destroy buildings, that machines are set on fire. In other words, people’s lives are upset. This is a serious danger to society, ”said the professor.
Duration is limited
The duration of the emergency is up to six months. It is true that, as regulated by law, it can be entered more than once. According to V. Sinkevičius, the laws limit the duration of the state of emergency so that the legal regime is not abused.
“There may be special situations where special measures are needed to manage them. This, of course, may not last long. Clearly, be careful with abuse. Because it can be used not only for socially significant purposes, defense of democracy, protection of human rights, but it can also be used for the opposite, ”said the professor.
When is the state of emergency lifted?
The Seimas will revoke the state of emergency by revoking the president’s decision to introduce it or by adopting a resolution on the revocation of the state of emergency. This legal regime will also be repealed at the end of its fixed term that does not exceed six months.
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