Конституционният институт на извънредното положение и международните стандарти
The Constitutional Institute of Emergency and the International Standards

Summary/Abstract: The constitutional regulation of the state of emergency answers the questions of „who“ and „when“ is empowered to declare a state of emergency, but leaves important matters to be regulated at the statutory level, such as the transfer of constitutional functions and powers with a view to overcoming the threat. This necessitates the consideration of the contemporary international standards on declaring a state of emergency laid down in those international treaties which the Republic of Bulgaria is a party to. The article gives an overview of the standards that stem from the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, the jurisprudence of the Court on Human Rights and a number of soft law international documents. On this basis, some proposals are put forward for improving the constitutional and legal framework of a state of emergency in Bulgaria.

• Details
• Contents