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@article{ART001876949},
author={BAEK YUN CHUL},
title={the National Emergency Power in the France},
journal={Public Land Law Review},
issn={1226-251X},
year={2014},
volume={65},
pages={407-429}

TY - JOUR
AU - BAEK YUN CHUL
TI - the National Emergency Power in the France
JO - Public Land Law Review
PY - 2014
VL - 65
IS - null
PB - Korean Public Land Law Association
SP - 407
EP - 429
SN - 1226-251X
AB - Three main dispositions concern various kind of "state of emergency" in France: article 16 of the Constitution of 1958 allows, in time of crisis, "extraordinary powers" to the president. Article 36 of the same constitution regulates "state of siege" (état de siège). Finally, the April 3, 1955 Act allows the proclamation, by the Council of Ministers, of the "state of emergency" (état d'urgence).[20] The distinction between article 16 and the 1955 Act concerns mainly the distribution of powers: whereas in article 16, the executive power basically suspend the regular procedures of the Republic, the 1955 Act permits a twelve-day state of emergency, after which a new law extending the emergency must be voted by the Parliament. These dispositions have been used at various times, in 1955, 1958, 1961, 1988 and 2005. In 1972 the Common Program of the Left (issued from an alliance between the Socialist Party and the Communist Party) proposed to repeal article 16. François Mitterrand's program in 1981 did not include this proposition. The Socialist government of Pierre Bérégovoy included a reform of this article in its project of Constitutional reform in 1992, but the project was not implemented. Also in 1992, the Vedel Commission created by François Mitterrand proposed to give to the Conseil Constitutionnel (Constitutional Council), on the concerted initiative of the President of the Republic and the presidents of the Assemblies, the mission to determine that the conditions required for the use of article 16 were in fact met. On July 23, 2008 a constitutional act was passed which, among other amendments, added a paragraph to article 16 of the Constitution[26] which stated that after 30 days the Constitutional Council can be requested to determine whether the conditions that justified the use of article 16 are still current; the ruling is public. At any time beyond 60 days the Council rules on this issue without the need for a referral
KW - Constitution;nation's emergency competence;exercising vigilance;Material law;fundamental right.
DO -
UR -
ER -

BAEK YUN CHUL. (2014). the National Emergency Power in the France. Public Land Law Review, 65, 407-429.

BAEK YUN CHUL. 2014, "the National Emergency Power in the France", Public Land Law Review, vol.65, pp.407-429.

BAEK YUN CHUL "the National Emergency Power in the France" Public Land Law Review 65 pp.407-429 (2014) : 407.

BAEK YUN CHUL. the National Emergency Power in the France. 2014; 65 407-429.

BAEK YUN CHUL. "the National Emergency Power in the France" Public Land Law Review 65(2014) : 407-429.

BAEK YUN CHUL. the National Emergency Power in the France. Public Land Law Review, 65, 407-429.

BAEK YUN CHUL. the National Emergency Power in the France. Public Land Law Review. 2014; 65 407-429.

BAEK YUN CHUL. the National Emergency Power in the France. 2014; 65 407-429.

BAEK YUN CHUL. "the National Emergency Power in the France" Public Land Law Review 65(2014) : 407-429.