The government can also declare a state of emergency in the event of an armed conflict, war situation or humanitarian disaster in a neighboring country, the Parliament decided on Tuesday with the tenth amendment to the Basic Law.
The deputies accepted the amendment, which requires two-thirds support, with 136 yes votes and 36 no votes.
The parliament also adopted - with 136 yes and 45 no votes - the bill on disaster protection and the amendment of certain related laws in connection with the amendment to the Basic Law.
An important change in the basic law is that, citing the Russian-Ukrainian war, instead of July 1, 2023, the new rules of the special legal order will come into effect on November 1 this year. These were contained in the ninth amendment of the constitution, adopted in December 2020, based on which there will be only three cases of the special legal order: martial law, state of emergency and emergency.
The tenth amendment, which has just been adopted, was initiated by the Minister of Justice Judit Varga, and according to the justification of the proposal, acts of war must take place in any case in order to declare a state of emergency.
All armed conflicts, such as civil wars, are classified under the concept of armed conflict. A humanitarian disaster is a serious life situation resulting from a war situation, armed conflict or other reasons, such as an elemental disaster or a natural disaster, that threatens human life en masse.
The justification emphasizes: the declaration of a special legal order is only possible if the events in the neighboring state actually have a serious – especially humanitarian and economic – impact on Hungary, and the danger of these serious impacts is real.
The Disaster Prevention Act stipulates that in a state of emergency declared due to a war in a neighboring country, in order to guarantee life, health, personal, property and legal security, as well as the stability of the national economy, the government can by decree suspend the application of certain laws, deviate from legal provisions, and take other extraordinary measures can also bring
The government can exercise this authority to the extent necessary, in proportion to the goal to be achieved, for the purpose of preventing, managing and liquidating the consequences of the war situation in Hungary.
According to the rationale of the bill, the guarantee rule related to the regulation is that emergency measures taken by the government must be reviewed by the Constitutional Court in the event of a motion to this effect.
MTI
Photo: parlament.hu
