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Tuesday, June 28, 2022

What can the president do in a state of emergency?

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The President of Ecuador, Guillermo Lassodecreed this June 17 Exception Status for the mobilizations that demand changes in the price of fuel, measures against delinquency and the improvement of health and education.

The state of exception is mentioned in the Constitution for exceptional cases. In the fourth section, article 164 mentions that:

“The President of the Republic may decree a state of emergency on all or part of the national territory in the event of aggression, international or internal armed conflict, serious internal disturbances, public calamity or natural disaster. The declaration of the state of emergency will not interrupt the activities of state functions.

Article 165 mentions that during the state of emergency, the President of the Republic cannot suspend or limit the exercise of the right to the inviolability of the home, the inviolability of correspondence, freedom of movement, freedom of association and assembly and freedom of information only under the conditions set by the Constitution.

  • Declaring a state of emergency, the President of the Republic may:
  • Decrees the advance collection of taxes
  • Use public funds intended for other purposes, except those corresponding to health and education.
  • Transfer the seat of government to any place in the national territory.
  • Provide for prior censorship in social media information in strict relation to the reasons for the state of exception and state security.
  • Establish all or part of the national territory as a security zone.
  • To order the employment of the armed forces and the national police and to call into active service all or part of the reserve, as well as the personnel of the other institutions.
  • Order the closure or authorization of ports, airports and border crossings.
  • Order the mobilization and the necessary requisitions, and decree the national demobilization, when normality will be restored.

For its part, article 166 stipulates that “The President of the Republic will notify the declaration of the state of emergency to the National Assembly, to the Constitutional Court and to the corresponding international organizations within forty-eight hours of the signing of the corresponding decree. If the circumstances justify it, the National Assembly may at any time revoke the decree, without prejudice to the judgment that the Constitutional Court may render on its constitutionality.

Source metroecuador.com

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