States of emergency

• Author: European Union Agency for Fundamental Rights (EU body or agency)
• Pages: 15-18

15

STATES OF EMERGENCY

EU Member States continued to lift states of emergency, or their equivalent, in June

as the health situation improved. However, other emergency situations remained

in place in many Member States, prompting concerns about ongoing limitations

on fundamental rights. This report uses the respective national terminology,

without prejudice to the specif‌ic legal consequences different terms may refer to.

It is a basic principle of international human rights standards that any restrictions

to a right must be prescribed by law, proportionate and necessary, and of limited

duration. Well-established case law of the European Court of Human Rights (ECtHR),

based on Article15 of the European Convention on Human Rights (ECHR), provides

that derogations need to be notif‌ied, and should happen only in exceptional

circumstances and in a limited and supervised manner to secure certain rights and

freedoms under the ECHR. Latvia withdrew its remaining derogations from the

ECHR, which concerned Article8 (respect for private and family life) and Article2

of Protocol4 (freedom of movement), on 10June. As reported in Bulletin #3, the

other EU Member States (Estonia and Romania) that had notif‌ied a derogation

from the ECHR in times of emergency withdrew these derogations in May.

. FROM STATES OF EMERGENCY TO OTHER EMERGENCY

SITUATIONS

As reported in previous bulletins, the situation concerning states of emergency

– or their equivalent – varied greatly across the EU:

—

States of emergency in France (in place until 10July) and Italy (until 31July)

remained in place. The emergency ordinances in the Netherlands’ ‘safety

regions’ remained in force until the end of June. The state of emergency in

Lithuania continued, but the quarantine regime ended on 16June.

—

A number of Member States extended the measures that had earlier

replaced states of emergency (see

Bulletin #3). Bulgaria extended

its emergency epidemic situation until 15July, Portugal extended its

situation of calamity to 30June and Romania prolonged the state of

alert for 30 days from 16June

.

—

Several other countries took a similar approach, as states of emergency

ended but other emergency measures were introduced or remained in place.

These included Hungary (state of danger ended on 18June, replaced by

state of epidemiological preparedness), Luxembourg (state of emergency

ended on 24June, replaced by two laws providing for the continuation of

many emergency measures) and Latvia (emergency situation ended on

9June, replaced by a special regulation). Slovakia’s state of emergency

ended on 13June, but the state of crisis remains in place.

—

The

state of emergency in Finland ended on 16June, while Spain’s state

of alarm ended on 21June

.



All countries, including

here in Europe, are facing a

delicate balance between

protecting their people,

while minimizing the social

and economic damage, and

respecting human rights.

WHO Director-General DrTedros

Adhanom Ghebreyesus,

Opening

remarks at the Standing

Committee

of the Parliamentary Assembly

of the Council of Europe (PACE),

26June2020