The recent amendments to the State of Emergency Law, introduced by Royal Decree 13/2024 issued on 3 March 2024. These amendments bring about significant changes aimed at ensuring the law remains effective, responsive, and aligned with evolving societal needs and challenges.
Key Highlights of the Amendment:
1.Expanded Criteria for State of Emergency Declaration:
The amended law now allows for the declaration of a state of emergency not only in cases of war or imminent threat of war but also in response to disturbances, criminal activities, public disasters, pandemics, or epidemics that pose a threat to society or state safety. This broader scope enables a more proactive and holistic approach to emergency management.
2.Enhanced Powers and Measures:
Authorities are now empowered to regulate all forms of correspondence and media during a state of emergency, reflecting the importance of managing information flow in crisis situations.
The amendment introduces provisions for the temporary seizure of facilities, real estate, movable property, weapons, ammunition, and explosive materials, as well as measures to regulate their manufacture, sale, transport, and possession. These measures are essential for maintaining public safety and security during emergencies.
3.Strengthened Legal Procedures and Safeguards:
Clear procedures have been outlined for the execution of emergency measures and orders, ensuring transparency and accountability in their implementation.
Timeframes have been established for the presentation of detained individuals before competent judges, along with provisions for bail or extension of detention, safeguarding individual rights and due process.
Mechanisms for appealing against detention orders and the imposition of custodianship over properties have been introduced, providing avenues for recourse and redress in cases of wrongful actions.
4.Role of National Security Council:
The National Security Council now plays a pivotal role in recommending the declaration or termination of a state of emergency, facilitating coordinated decision-making and evaluation of the ongoing necessity for emergency measures.
Originally published March 11, 2024
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