What does article 116 of the Constitution say?

Article by: Aleix Candelaria | Last update: April 10, 2022
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Article 116

The state of alarm will be declared by the Government by means of a decree agreed upon by the Council of Ministers for a maximum period of fifteen days, informing the Congress of Deputies, meeting immediately for this purpose and without whose authorization said period may not be extended.

What does art 116 mean?

Article 116.- The public power of the states will be divided, for its exercise, into Executive, Legislative and Judicial, and two or more of these powers may not meet in a single person or corporation, nor may the legislative power be deposited in a single individual.

What rights can be suspended in the state of alarm?

Rights and freedoms that can be suspended in the state of exception

    17.1: right to liberty and security. 17.2: maximum period of preventive detention of 72 hours. 17.4: “habeas corpus” procedure. 18.2: inviolability of the home. 18.3: secrecy of communications.

When is a state of alarm declared, exception and site?

The normative development of the three states is made in the Organic Law 4/1981, of June 1, of the states of alarm, exception and site, which was promulgated in the I legislature of Spain, being Leopoldo Calvo-Sotelo president of the Government.

Who declares the state of alarm and exception?

The decision to declare a state of siege is made by the Congress of Deputies by absolute majority, at the exclusive proposal of the Government. The state of exception will be declared by means of a decree agreed upon by the Council of Ministers, with the prior authorization of the Congress of Deputies.

19 related questions found

Who can declare a state of exception?

– The power to declare a state of emergency corresponds to the President of the Republic and cannot be delegated.

How is the state of exception declared?

How is the state of exception declared? Article 116 of the Spanish Constitution provides that the state of emergency will be declared by the Government through a decree agreed upon by the Council of Ministers, with the prior authorization of the Congress of Deputies.

When can the state of exception be applied?

Organic Law 4/1981 provides for the possibility of establishing a state of exception in those cases in which, having produced a serious alteration of the rights and freedoms of citizens, of the normal functioning of essential public institutions and services or of any other aspect public order…

When does the state of exception apply?

A state of exception is the application of a device that is stipulated in the constitution of a country, which can be used by the head of state in the event that there is a situation of disorder or conflict that disturbs the internal order of that country. nation in order to be able to deal with it…

When can the state of alarm be declared?

The Government of Spain, in use of the powers granted to it by article 116.2 of the Constitution, can declare a state of alarm in all or part of the national territory when there is a serious alteration of normality (natural disasters, health crises, shortages of premium products…

What are the rights that can be suspended?

The right to non-discrimination, the right to recognition of legal personality, the right to life, the right to personal integrity, among others, are examples of those rights that are not subject to cancellation.

What limits the state of alarm?

The limitations of the Law are specific: a) Limit the circulation or permanence of people or vehicles at certain times and places, or condition them to the fulfillment of certain requirements. b) Practice temporary requisitions of all kinds of goods and impose compulsory personal benefits.

What rights cannot be suspended in the state of siege?

The guarantees that cannot be suspended with this declaration are the following:

    Right to life and personal integrity. Right to identity (name, nationality). Right to legal personality. Political rights. Rights of children. Right to non-discrimination.

What power can decide in cases concerning ambassadors?

In effect, and in what matters, the aforementioned regulations establish that the Supreme Court will hear matters concerning ambassadors, public ministers and foreign consuls in an original and exclusive manner.

What is original and derived competition?

The competence of the organs of the State can be original or delegated; Original is the one that comes directly from the law and derivative is the one that arises from the bodies authorized by it to provide competence to others.

What does article 117 of the Constitution say?

The President of the Republic can only be accused, during his term, of treason against the country; for preventing presidential, parliamentary, regional or municipal elections; for dissolving Congress, except in the cases provided for in article 134 of the Constitution, and for preventing its meeting or functioning…

When does the state of exception apply and who should do it?

COVID-19. What is the State of Exception? They are the response to serious threats of natural or anthropic origin that affect public and State security.

What is prohibited in a state of exception?

The opening of bars, discos, tolerance centers and the like is prohibited. The prohibition of massive public events and religious concentrations that generate crowds is maintained. The face-to-face classes of previously authorized piloting are suspended in the provinces where the state of exception governs.

What is prohibited in a state of exception?

The freedoms of locomotion, assembly and the right to property may be restricted. A Chief of National Defense is appointed, who has legal powers to restore normality in the determined area and, in addition, the President of the Republic can delegate other powers to him for the same purpose.

Who declares the state of internal commotion?

The state of internal commotion is a state of emergency that is contemplated in article 213 of the Constitution, with which the President of the Republic is given special powers to restore order when the social situation gets out of control.

Who can declare a state of foreign war?

The President of the Republic, with the signature of all the ministers, may declare a state of foreign war.

How do states of exception work in Colombia?

States of Exception are governed only by constitutional provisions, international treaties or conventions on human rights incorporated into the national legal system and the corresponding statutory laws.

When does the 2021 state of alarm end?

The third state of alarm for COVID-19 ended on May 9, 2021. On October 25, 2020, the Government approved declaring a state of alarm throughout the national territory to contain the spread of infections caused by SARSCoV-2.

When does the current state of alarm end?

Why does the state of alarm end on May 9? The last state of alarm approved by the central government dates back to October 25, 2020, through Royal Decree 926/2020, of October 25, and at the end of next Sunday, May 9, the restrictions that are regulated in the.

What are suspended human rights?

According to numeral 84 of the Substantive Criminal Law: “The suspension consists of the temporary loss of rights, functions, positions, jobs or commissions that are being exercised…” For its part, ordinal 86 of the aforementioned body of laws contemplates: “ARTICLE 86.

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