EUROPEAN CONSTITUTIONAL PROVISIONS

ADDRESSING EMERGENCY RESPONSE DUTIES

Legal Memoranda




June 2014







European Constitutional Provisions Addressing Emergency Response Duties, June 2014
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EUROPEAN CONSTITUTIONAL PROVISIONS ADDRESSING EMERGENCY RESPONSE DUTIES

Statement of Purpose

The purpose of this chart is to examine how European states address their roles and capacities regarding
emergency response in their constitutions.


STATE
CONSTITUTIONAL COMPARISON CHART
GENERAL EMERGENCY RESPONSE PROVISIONS
AUSTRIA Article 79
(1) The country's military defense is the duty of the Federal Army. It shall be conducted on the
principles of a militia system.
(2) The Federal Army, in so far as the lawful civil power claims its co-operation, has furthermore:
. . .
2. to render assistance in the case of natural catastrophes and disasters of exceptional
magnitude.
1

BELGIUM No constitutional provision.
BULGARIA Article 61
Citizens shall assist the State and society in the case of a natural or other disaster, on conditions
and in a manner established by law.
2

CROATIA The Constitution does not provide for the States role in addressing disasters, but Article 17
provides that personal freedoms and rights may be restricted following a natural disaster.
3


1
AUSTRIA CONST. art. 79(2) (1920), available at http://www.ris.bka.gv.at/Dokumente/Erv/ERV_1930_1/ERV_1930_1.html.
2
BULGARIA CONST. art 61 (1991), available at http://www.parliament.bg/en/const.
3
CROATIA CONST. art. 17 (1991), available at https://www.constituteproject.org/constitution/Croatia_2001.
European Constitutional Provisions Addressing Emergency Response Duties, June 2014
2
CYPRUS The Constitution does not reference the states role in emergency response, but Article 183
concerns suspension of personal rights or other articles of the Constitution in a state of
emergency.
4

CZECH REPUBLIC The Constitution only refers to sending troops to foreign states or allowing foreign presence within
the Czech Republic in terms of rescue operations in case of natural, industrial and ecological
disasters:

Article 43
. . .
(4) The government shall decide on a dispatch of Czech military forces outside the territory of the
Czech Republic and on the presence of foreign military forces on the territory of the Czech
Republic for up to 60 days at most when they concern:
. . .
c) participation in rescue operations in case of natural, industrial and ecological
disasters.
5

DENMARK No constitutional provision.
ESTONIA Article 87
The Government of the Republic shall:
. . .
(8) declare an emergency situation throughout the state or in a part thereof, in the case of a natural
disaster or a catastrophe, or to prevent the spread of an infectious disease.
6

FINLAND No constitutional provision.
FRANCE No constitutional provision.

4
CYPRUS CONST. art. 183 (1960), available at
http://www.presidency.gov.cy/presidency/presidency.nsf/all/1003AEDD83EED9C7C225756F0023C6AD/$file/CY_Constitution.pdf?openelement.
5
CZECH REPUBLIC CONST. art. 43 (1993), available at http://www.psp.cz/cgi-bin/eng/docs/laws/1993/1.html.
6
ESTONIA CONST. art. 87 (1992) available at http://www.president.ee/en/republic-of-estonia/the-constitution/.
European Constitutional Provisions Addressing Emergency Response Duties, June 2014
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GERMANY Article 35. Legal and Administrative Assistance and Assistance During Disasters
(1) All federal and Land authorities shall render legal and administrative assistance to one another.
(2) In order to maintain or restore public security or order, a Land in particularly serious cases may
call upon personnel and facilities of the Federal Border Police to assist its police when without
such assistance the police could not fulfill their responsibilities, or could do so only with great
difficulty. In order to respond to a grave accident or a natural disaster, a Land may call for the
assistance of police forces of other Lnder or of personnel and facilities of other administrative
authorities, of the Armed Forces, or of the Federal Border Police.
7


Additionally, Article 11 allows for the restriction of the right to freedom of movement by or
pursuant to a statute in order to deal with a natural disaster.
8

GREECE Article 22(4) provides that compulsory work is prohibited except in cases of war and social
emergencies from disasters; special laws shall determine such work.
9


7
GERMANY CONST. art. 35 (1949), available at https://www.btg-bestellservice.de/pdf/80201000.pdf.
8
GERMANY CONST. art. 11 (1949), available at https://www.btg-bestellservice.de/pdf/80201000.pdf.
9
GREECE CONST. art. 22(4) (1975), available at http://www.hellenicparliament.gr/UserFiles/f3c70a23-7696-49db-9148-f24dce6a27c8/001-
156%20aggliko.pdf.
European Constitutional Provisions Addressing Emergency Response Duties, June 2014
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HUNGARY FREEDOM AND RESPONSIBILITY
Article XXXI
. . .
(5) Every adult Hungarian citizen living in Hungary may be ordered to engage in civil protection
for the purpose of national defence and disaster management as defined by a cardinal Act.
(6) Every person may be ordered to provide economic and financial services for the purpose of
national defence and disaster management, as defined by a cardinal Act.
10


THE STATE
Article 45. The Hungarian Defence Forces
. . .
(3) The Hungarian Defence Forces shall contribute to disaster prevention and the relief and
elimination of the consequences of disasters.
11


Article 53. State of Extreme Danger
(1) The Government shall declare a state of extreme danger and may adopt any extraordinary
measure defined by a cardinal Act in the event of any natural disaster or industrial accident
endangering life or property, or to mitigate the consequences.
(2) The Government may adopt decrees in a state of extreme danger to suspend the application of
particular laws, to deviate from any statutory provision and to adopt any further extraordinary
measure as defined by a cardinal Act.
(3) The government decree set out in Paragraph (2) shall remain effective for fifteen days, unless
the Government extends the effect of such decree by authority of Parliament.
(4) The government decree shall be repealed by termination of the state of extreme danger.
12

IRELAND No constitutional provision
ITALY No constitutional provision.

10
HUNGARY CONST. art. XXXI (2011), available at http://www.kormany.hu/download/2/ab/30000/Alap_angol.pdf.
11
HUNGARY CONST. art. 45 (2011), available at http://www.kormany.hu/download/2/ab/30000/Alap_angol.pdf.
12
HUNGARY CONST. art. 53 (2011), available at http://www.kormany.hu/download/2/ab/30000/Alap_angol.pdf.
European Constitutional Provisions Addressing Emergency Response Duties, June 2014
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LATVIA The Constitution does not provide for the States role in addressing disasters, but Article 106
provides that participation in disaster relief is not considered illegal forced labor.
13

LITHUANIA The Constitution does not provide for the States role in addressing disasters, but Article 48
provides that participation in disaster relief is not considered illegal forced labor.
14

LUXEMBOURG No constitutional provision.
MACEDONIA Article 125
A state of emergency exists when major natural disasters or epidemics take place.

A state of emergency on the territory of the Republic of Macedonia or on part thereof is
determined by the Assembly on a proposal by the President of the Republic, the Government or by
at least 30 Representatives.

The decision to establish the existence of a state of emergency is made by a two-thirds majority
vote of the total number of Representatives and can remain in force for a maximum of 30 days.

If the Assembly cannot meet, the decision to establish the existence of a state of emergency is
made by the President of the Republic, who submits it to the Assembly for confirmation as soon as
it can meet.
15


13
LATVIA CONST. art. 106 (1922), available at http://www.saeima.lv/en/legislation/constitution.
14
LITHUANIA CONST. art. 48 (1992), available at http://www3.lrs.lt/home/Konstitucija/Constitution.htm.
15
MACEDONIA CONST. art. 125 (1991), available at https://www.constituteproject.org/constitution/Macedonia_2011.
European Constitutional Provisions Addressing Emergency Response Duties, June 2014
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MONTENEGRO Article 133. Proclamation of the State of Emergency
The state of emergency may be proclaimed in the territory or part of the territory of
Montenegro in case of the following:

1) Big natural disasters;
2) Technical-technological and environmental disasters and epidemics;
3) Greater disruption of public peace and order;
4) Violation or attempt to abolish the constitutional order.

If the Parliament is not able to meet, the Defense and Security Council shall adopt the decision to
proclaim the state of emergency and submit it to the Parliament for confirmation as soon as it is
able to meet.

The state of emergency shall last until the circumstances that have caused it have ceased to exist.
16

NETHERLANDS No constitutional provision.

16
MONTENEGRO CONST. art. 133 (2007), available at https://www.constituteproject.org/constitution/Montenegro_2007.
European Constitutional Provisions Addressing Emergency Response Duties, June 2014
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POLAND CHAPTER XI. EXTRAORDINARY MEASURES
Article 228
1. In situations of particular danger, if ordinary constitutional measures are inadequate, any of the
following appropriate extraordinary measures may be introduced: martial law, a state of emergency
or a state of natural disaster.
2. Extraordinary measures may be introduced only by regulation, issued upon the basis of statute,
and which shall additionally require to be publicized.
17


Article 232
In order to prevent or remove the consequences of a natural catastrophe or a technological accident
exhibiting characteristics of a natural disaster, the Council of Ministers may introduce, for a
definite period no longer than 30 days, a state of natural disaster in a part of or upon the whole
territory of the State. An extension of a state of natural disaster may be made with the consent of
the Sejm.
18


17
POLAND CONST. art. 228 (1997), available at http://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm.
18
POLAND CONST. art. 232 (1997), available at http://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm.
European Constitutional Provisions Addressing Emergency Response Duties, June 2014
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PORTUGAL Article 19. Suspension of the Exercise of Rights
. . .
2. A state of siege or a state of emergency may only be declared in part or all of
Portuguese territory in cases of actual or imminent aggression by foreign forces, a
serious threat to or disturbance of constitutional democratic order, or public disaster.
. . .
8. Declarations of a state of siege or a state of emergency shall grant the public authorities the
power and responsibility to take the appropriate steps needed to promptly restore constitutional
normality.
19


Article 138. Declaration of a State of Siege or a State of Emergency
1. Declaration of a state of siege or a state of emergency shall require prior consultation of the
Government and authorisation by the Assembly of the Republic, or, if the Assembly is not sitting
and it is not possible to arrange for it to sit immediately, by its Standing Committee.
2. In the event that a declaration of a state of siege or a state of emergency is authorized by the
Assembly of the Republics Standing Committee, such declaration shall require confirmation by
the Plenary as soon as it is possible to arrange for it to sit.
20

ROMANIA No constitutional provision.

19
PORTUGAL CONST. art. 19 (1976), available at http://app.parlamento.pt/site_antigo/ingles/cons_leg/Constitution_VII_revisao_definitive.pdf.
20
PORTUGAL CONST. art. 138 (1976), available at http://app.parlamento.pt/site_antigo/ingles/cons_leg/Constitution_VII_revisao_definitive.pdf.
European Constitutional Provisions Addressing Emergency Response Duties, June 2014
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SERBIA Article 97. Competences of the Republic of Serbia
The Republic of Serbia shall organise and provide for:
. . .
4. defence and security of the Republic of Serbia and its citizens; measures in case of the state of
emergency.
21


Article 105. Method of Decision Making in the National Assembly
The National Assembly shall adopt decisions by majority vote of deputies at the session at which
majority of deputies are present.

By means of majority vote of all deputies the National Assembly shall:
. . .
2. declare and call off the state of emergency,
3. order measures of departure from human and minority rights in the state of war and
emergency,
22

. . . .
SLOVAKIA The Constitution does not provide for the States role in addressing disasters, but Article 18
provides that participation in disaster relief is not considered illegal forced labor.
23

SLOVENIA No constitutional provision.
SPAIN No constitutional provision.
SWEDEN No constitutional provision.

21
SERBIA CONST. art. 97 (2006), available at https://www.constituteproject.org/constitution/Serbia_2006.
22
SERBIA CONST. art. 97 (2006), available at https://www.constituteproject.org/constitution/Serbia_2006.
23
SLOVAKIA CONST. art. 105 (1992), available at https://www.constituteproject.org/constitution/Slovakia_2001.
European Constitutional Provisions Addressing Emergency Response Duties, June 2014
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SWITZERLAND Article 61. Civil Defence
1. The legislation on the civil defence of persons and property against the effects of armed conflicts
is the responsibility of the Confederation.
2. The Confederation shall legislate on the deployment of civil defence units in the event of
disasters and emergencies.
3. It may declare civil defence service to be compulsory for men. For women, such service is
voluntary.
24

UNITED KINGDOM The Constitution does not provide for the States role in addressing disasters. However, the Civil
Contingencies Act of 2004 defines the meaning of emergency, provides planning measures, and
lists rights and duties concerning emergency situations.
25



24
SWITZERLAND CONST. art. 61 (1999), available at http://www.admin.ch/ch/e/rs/1/101.en.pdf.
25
Civil Contingencies Act of 2004 (United Kingdom, 2004) available at http://www.legislation.gov.uk/ukpga/2004/36/contents.