The impact of the state of emergency / alert on the rights of the litigant in the criminal process
The impact of the state of emergency / alert on the rights of the litigant in the criminal process

Summary/Abstract: In the case of invoking Article 15 of the ECHR, for a limited period of time, the conventional provisions governing certain obligations on Member States do not apply, but, on the other hand, there is no possibility of suspending the application of constitutional provisions. In this context, the state through the public authorities could not claim that the invocation of Article 15 of the ECHR is sufficient to restrict the rights and freedoms of individuals, without the need for a verification of the conformity of the measures adopted with the Fundamental Law. The fact that a state, pursuant to art. 15 of the ECHR, may adopt certain measures which do not comply with the obligations assumed by the signing of the Convention, does not amount to the absence of any form of liability for the consequences produced by the application of those measures. In this regard, it is important that there is no possibility for the state to take measures that derogate from the provisions of the Fundamental Law, so that the legislature and the executive must adopt acts in accordance with the constitutional provisions.

• Details
• Contents