THE MEANING OF “WAR OR OTHER PUBLIC EMERGENCY THREATENING THE LIFE OF THE NATION” IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

The European Convention on Human Rights states that human rights can be derogated only during “war”, which has never been done, or “other public emergency threatening the life of the nation”, which was first defined a threat to the State’s community organised life affecting its whole population (Lawless case). In the Greek case the Court specified that the danger must be imminent and actual, have effects on the whole nation, threaten the continuance of the community’s life and be unmanageable by measures of ordinary law. The Court thereafter affirmed that a public emergency can last many years and that the crisis can be present only in part of a state’s territory. The State, however, has no “unlimited power of appreciation” due to the Court’s supervision. The author thinks that Covid-19 can be deemed a public emergency because the conditions from the Greek case are fulfilled.

Keywords

• war
• other public emergency threatening the life of the nation
• European Court of Human Rights
• Lawless case
• Greek case