Implicate constitutional consequences of the state of emergency in France (2015-2017)

• Main Author: Mikić Vladimir
• Format: Article
• Language: English
• Published: Institute of Comparative Law, Belgrade 2018-01-01
• Series: Strani pravni život
• Subjects: france; state of emergency; president of the republic; emergency prerogatives
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2018/0039-21381803043M.pdf

The state of emergency which lasted for almost two years represents an unprecedented event in the constitutional history of the French Fifth Republic. In addition to being characterized by unduly long, it also debilitated judicial and parliamentary mechanism for scrutiny of the president's powers, as well as those of police and security forces. At the same time, the executive has shown a tendency to exert scope of authority in the manner that is excessive in comparison to its constitutionally designed emergency prerogatives. Additionally, fundamental individual rights, and not only those contained in rules on guarantees of fair criminal procedure, have suffered limitations that are not easily justifiable by the need to protect the highest values of the Republic. This article is dedicated to examining the introduction of legal and factual conditions for the potential long-term disturbance of some of the basic components of the constitutional order of France.