Interpretation of the legal regulation of states of emergency in the Czech Republic as a democratic state governed by the rule of law
Abstract
The legal regulation of states of emergency in the Czech Republic has long raised a number of questions and unresolved issues. Constitutional Act No. 110/1998 Coll., on the Security of the Czech Republic, deals mainly with procedural aspects and the legal regulation is in many respects marked by the time of its creation and the threats that were relevant at the time.
Moreover, it is not systematically linked to the various emergency regimes in the sectoral laws. EU law is also increasingly entering into security issues, both through partial regulations and through comprehensive adaptations.
The practical application of the provisions on states of emergency in the Czech legal order in recent years has shown ambiguities in the basic conceptual issues and shortcomings in the legal regulation.