A state of emergency gives a government broad powers to restrict people, impose curfews and take over infrastructure like broadcasting, power distribution and utilities. It may even commandeer and ration food, water and shelter. It’s a form of temporary martial law that can be triggered by a natural disaster, civil unrest, an armed conflict, a medical pandemic or epidemic, or another biosecurity threat.
The state of emergency declared due to the coronavirus crisis enables the government to assume extra powers in order to respond to the situation quickly and effectively. This decision was taken in accordance with the opinion of senior medical professionals advising the state, and in the context of the crisis response plan developed by the national coordination team.
States of emergency also allow governors to sidestep certain laws. In the US, they have used these powers to lift restrictions on hospital capacity, expand access to telehealth services and allow highway weight limits to be exceeded. They have also been used to suspend a range of other policies including face mask requirements, school closures, eviction moratoriums and extension of tax filing deadlines.
A state of emergency can be extended for a maximum period of 90 days, either in part or throughout the country, by a decree of the president. The state of emergency can be ended earlier by a resolution of the Chamber of Deputies. The government’s decision to declare a state of emergency is not subject to the review by any court or other institutions.
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