Constitutional Provisions in the Area of Security: a Comparative Table

2017

Constitutional provisions in the area of security: a comparative table

Organisation, command and democratic civilian control of the security sector, and states of exception EXCERPTS FROM 50 SELECTED CONSTITUTIONS

Djure Jaksica 6/5, 11000 Belgrade, Serbia / +381 11 32 87 226 / [email protected] / www.bezbednost.org

Belgrade Centre for Security Policy is the successor of the Centre for Civil-Military Relations, founded in 1997 Chapter III: Western Europe Chapter V: Other countries...... 76 Contents (EU member countries & Switzerland)...... 37 Argentina...... 76 Austria...... 37 Australia...... 78 Belgium...... 39 Introduction...... 4 Brazil...... 78 Cyprus...... 41 Chapter I: Western Balkans...... 6 Chile...... 85 Denmark...... 44 Albania...... 6 China...... 91 Finland...... 44 Bosnia and Herzegovina...... 8 East Timor...... 92 France...... 45 Republic of Srpska...... 8 India...... 96 Germany...... 46 Kosovo*...... 10 Japan...... 97 Greece...... 49 Macedonia...... 14 South African Republic...... 98 Ireland...... 50 Montenegro...... 15 South Korea...... 102 Italy...... 52 Serbia...... 17 Tunisia...... 105 Malta...... 52 Chapter II: Central and Eastern Europe Turkey...... 107 (EU member countries)...... 21 Netherlands...... 54 USA...... 109 Bulgaria...... 21 Portugal...... 55 Croatia...... 22 Spain...... 59 Czech Republic...... 23 Sweden...... 60 Estonia...... 25 Switzerland...... 63 Hungary...... 26 CHAPTER IV: Former Soviet Union countries...... 65 Latvia...... 30 Armenia...... 65 Poland...... 31 Azerbaijan...... 67 Romania...... 33 Georgia...... 69 Slovak Republic...... 35 Russia...... 71 Slovenia...... 36 Ukraine...... 73

2 This publication was produced with the financial support of National Endowment for Democracy (NED). Responsibility for the content of this publication belongs solely to Belgrade Centre for Security Policy.

3 Introduction

Belgrade Centre for Security Policy (BCSP) presents an overview of comparative Integral regulation of the national security system can be found in the constitutional norms on security with a view to promote debate on constitu- constitutions of South Africa and Kosovo*1. Chapter XI (art. 198-210) of South tional reforms in Serbia in this area. The overview has taken a form of com- African Constitution of 1996 is named ’Security services’, and entails special parative table consisting of selected constitutional provisions of 50 states and provisions on defense (including the state of war), police and intelligence, as entities altogether, divided by regions. The first chapter is dedicated to Western well as common provisions on national security.2 Chapter XI (’Security sector’, Balkans states and entities which, due to shared recent historical and politi- art. 125-131) of Kosovo* Constitution of 2008 contains general provisions, an cal experience, represent a first point of reference for comparison with Serbia article for each of the security sector actors and an article on the state of emer- (excerpts of Serbian constitution are also provided in the table). The second gency. Hungarian constitution of 2011 has no special chapter on the security chapter covers most of the Eastern and Central European states, that under- system, but regulates armed forces, police and security services, as well as vari- went similar political transitions since the 1990s and are now members of the ous states of exception (art. 45-54).3 European Union. The third chapter covers 15 other EU member states and Swit- Bodies equivalent to the National security council are present in many con- zerland, usually referred to as the Western Europe. Selected constitutional pro- stitutions and often with detailed regulation. See for example the Defense and visions of several, also transitioned, former Soviet Union states are offered in Security Council of Montenegro (with far greater powers), Macedonian Nation- the fourth chapter. Finally, aiming at a broader perspective, a random selection al security council, Ukrainian Council for national defense and security, as well of other countries all over the globe is presented in the fifth chapter. 1 This name is used without prejudgment in stances on status, and is in accordance Selected constitutions vary significantly in age, length and the attention ded- with the UN Security Council Resolution 1244 and the ICJ Opinion on Kosovo’s icated to the security sector. Some provisions can only be fully understood Declaration of Independence. against the special historical and political background of each country. Al- 2 This constitution is a good example of constitutional regulation of the security though not apt for universalisation, they show us that sometimes detailed reg- sector. However, it gives great security powers to the president. ulation of a sensitive area, as security certainly is, should not be disregarded 3 See also article 50 and Part VIII (art. 129-132) of the Constitution of Republic of from the start due to dangers of over-regulation in the highest national legal Cyprus, Part V (National defence and security, art. 146-148) of the Constitution of text. Here we would like to point to some relevant issues. East Timor, or article 47 of the Constitution of Malta that contains definitions of a disciplined force and state of emergency.

4 as national security councils of Chile and Turkey – all with defined members Besides a rather general provision of democratic civilian control of the whole structure, and also bodies of the same or similar name in Tunisia, Kosovo and security sector (f.e. Montenegro), and explicit oversight powers of the par- East Timor, Poland and Russia. National security councils in Albania, Bulgaria liament, some constitutions contain specific norms that regulate these issues and in the three Caucasus countries are rather focused on defense. 4 with more details. Constitutions of Germany, Austria, Greece, South Africa and Constitutions of Croatia (Art. 81) and Montenegro (Art. 82) provide for adoption Armenia prescribe standing and/or ad hoc inquiry (sub)committees in the area of national security strategy, as well as national defense strategy, by the na- of security and defense. Some of them explicitly request a multi-party compo- tional assembly. Formulating a security strategy is also provided in the Consti- sition of these committees (Austria, South Africa). Some constitutions explicitly tution of Kosovo* (art. 127.1) among powers of the Security council. provide for a budget control of defense (Germany), or the whole security sector (Kosovo*).6 Finally, Constitution of Romania obliges the Supreme Council for Constitutions of Poland, Ukraine and Sweden refer to laws for detailed regula- National Defense to deliver regular report to both houses of parliament which tion of the use of armed forces outside state borders. Constitutions of Czech at their joint session deliberate upon its content (art. 65). Republic and Slovakia enumerate situations when the government decides on the matter with a notification to the parliament, to whom this power primarily Research team of BCSP hopes that You will find this document useful. Texts of belongs. However, they also include a time limit of 60 days. These are situations selected constitutions in English are available at official sites of state institu- when the army is participating in military exercises, peace operations or rescue tions. Links to full texts are provided for every state and entity. missions, or acting upon an international contractual obligations concerning common defence.5 These constitutions usually also regulate transport or presence of foreign troops on domestic territory. States of exception are a regular part of constitutional texts. Their various forms, grounds for proclamation, decision-making procedures, catalogues of fundamental rights and freedoms that may be limited or suspended – all these elements are usually defined, although with many differences. Constitution of Brazil requires a special parliamentary body to monitor and supervise the implementation of the measures concerning states of exception (art. 140). Con- stitutions of Russia, Ukraine, Armenia, Estonia, Hungary, Spain and Netherlands explicitly refer to laws for more detailed regulation of the matter.

6 See also constitutions of Romania, Ukraine and Portugal. The first two explicitly give the power to elect directors of security services to the parliament. The 4 However, there are also national defense councils explicitly mentioned and regu- second two enumerate in detail all the laws to be adopted by the parliament lated in Romania, Estonia, Portugal and Brazil (see art. 91). In Hungary body with in the area of security, which strengthens the role of parliament in shaping and such name is formed only in the event of state of exception (art. 48). functioning of the whole national security system. In Croatia, appointment of the 5 See also art. 7 of the Croatian Constitution and art. 47 of the Constitution of Hun- heads of security services is subject to prior opinion of the relevant parliamentary gary. committee.

5 Chapter I: Western Balkans

Country Constitutional Content Provisions

Art. 12 1. The armed forces secure the independence of the country, as well as protect its territorial integrity and constitutional order. 2. The armed forces maintain neutrality in political questions and are subject to civilian control.

The President of the Republic cannot hold any other public post, cannot be a member of a party or carry out other private Albania Art. 89 activity. (1998, last amended 2015) Art. 92 The President also exercises these powers: d) accord the highest military ranks according to the law; f) appoint the director of the State Intelligence Service upon proposal of the Prime Minister; h) request opinions and information in writing from the directors of State institutions for issues that have to do with their duties.

The President of the Republic cannot exercise other powers besides those recognized expressly in the Constitution and granted Art. 94 by laws issued in compliance with it.

1. Military servicemen on active duty cannot be chosen or nominated for other state duties nor participate in a party or political Art. 167 activity. 2. Members of the armed forces or persons who perform an alternative service enjoy all the constitutional rights and freedoms, apart from cases when the law provides otherwise. Art. 168 1. The Armed Forces of the Republic of Albania are composed of the army, navy, and air force. 2. The President of the Republic is the General Commander of the Armed Forces. 3. The National Security Council is an advisory body of the President of the Republic.

6 1. The President of the Republic in peacetime exercises the command of the Armed Forces through the Prime Minister and Min- Art. 169 ister of Defence. 2. The President of the Republic in wartime appoints and dismisses the Commander of the Armed Forces upon proposal of the Prime Minister. ALB 3. The President of the Republic, upon proposal of the Prime Minister, appoints and dismisses the Chief of the General Staff, and upon the proposal of the Minister of Defence appoints and dismisses the commanders of the army, navy, and air force. 4. The powers of the President of the Republic, as General Commander of the Armed Forces, and those of the Commander of the Armed Forces, their subordination to constitutional organs, are defined by law.

1. In case of armed aggression against the Republic of Albania, the President of the Republic upon request of the Council of Art 171 Ministers declares the state of war. 2. In case of external threat, or when a common defence obligation derives from an international agreement, the Assembly, upon proposal of the President of the Republic, declares the state of war and decides on the state of general or partial mobilization or demobilization.

1. In the case of paragraph 1 of Article 171, the President of the Republic presents to the Assembly the decree for establishing Art. 172 the state of war within 48 hours from its signing, specifying the rights to be limited. 2. The Assembly immediately reviews and decides with the majority of all its members, upon the decree of the President.

1. In case of danger to the constitutional order and to public security, the Assembly, with request of the Council of Ministers, may Art. 173 decide for a state of emergency in one part or the whole territory of the state, which lasts for as long as this danger continues, but not longer than 60 days. 2. Upon establishment of the state of emergency, the intervention of armed forces is done with a decision of the Assembly and only when police forces are not able to restore order. 3. The extension of the term of the state of emergency may be done only with the consent of the Assembly, for each 30 days, for a period of time not longer than 90 days.

1. For the prevention or the avoidance of the consequences of natural disasters or technological accidents, the Council of Minis- Art. 174 ters may decide on the state of natural disaster for a period not longer than 30 days, in one part or in the whole territory of the state. 2. The extension of the state of natural disaster can be done only with the consent of the Assembly.

7 1. During the state of war or state of emergency the rights and freedoms provided for in Articles: 15; 18; 19; 20; 21; 24; 25; 29; 30; Art. 175 31; 32; 34; 39, paragraph 1; 41, paragraphs 1, 2, 3, and 5; 42; 43; 48; 54; 55 may not be limited. 2. During the state of natural disaster the rights and freedoms provided for in Articles: 37; 38; 41, paragraph 4; 49; 51 may be limited. ALB 3. The acts for declaring the state of war, emergency or natural disaster must specify the rights and freedoms which are limited according to paragraphs 1 and 2 of this Article.

When the Assembly cannot be convened during the state of war, the President of the Republic, with the proposal of the Council Art. 176 of Ministers, has the right to issue acts that have the force of the law, which have to be approved by the Assembly in its first meeting.

Аrt. V.5 Standing Committee a) Each member of the Presidency shall, by virtue of the office, have civilian command authority over armed forces. Neither En- tity shall threaten or use force against the other Entity, and under no circumstances shall any armed forces of either Entity enter into or stay within the territory of the other Entity without the consent of the government of the latter and of the Presidency Bosnia and of Bosnia and Herzegovina. All armed forces in Bosnia and Herzegovina shall operate consistently with the sovereignty and Herzegovina territorial integrity of Bosnia and Herzegovina. b) The members of the Presidency shall select a Standing Committee on Military Matters to coordinate the activities of armed forces in Bosnia and Herzegovina. The Members of the Presidency shall be mem- (1995, l.a. 2009) bers of the Standing Committee.

Art 68 The Republic shall regulate and ensure: 1. integrity, constitutional order and territorial unity of the Republic; Republic of 2. security; Srpska 3. measures in its jurisdiction to be implemented in a state of war or emergency declared by institutions of Bosnia and Herze- govina, as well as measures to be implemented in a state of emergency declared by institutions of Republika Srpska. Provisions (1992, l.a. 2011) of item 3 of this Article do not apply to deployment of armed forces or other measures which fall under the jurisdiction of the institutions of Bosnia and Herzegovina.

8 Art 70(3) In accordance with the Constitution and the law, the National Assembly shall declare: State of emergency in he Republic or part of the Republic in the event of a threat to public safety caused by a natural catastrophe REPUBLIC (flood, earthquake, fire), epidemic, violation of human rights and freedoms, or obstruction of normal functioning of constitutional bodies of the Republic. OF Provisions of paragraph 3 of this Article do not apply to deployment of armed forces or other measures which fall under the jurisdiction of the institutions of Bosnia and Herzegovina. SRPSKA 2) During a state of war or immediate threat of war, the term of the National Assembly shall be extended for the duration of such Art 72 a state. 3) The National Assembly may not shorten its term during a war or immediate threat of war. Art. 80(2) The President of the Republic shall: 1) perform duties relating to safety and relations between the Republic and other states and international organizations, according to this Constitution and the Constitution of Bosnia and Herzegovina and the law.

In a state of war or emergency declared by the institutions of Bosnia and Herzegovina, and if the National Assembly is unable Art. 81 to convene, The President of the Republic, upon the proposal of the Government or on his own initiative, having consulted the President of the National Assembly, shall issue decrees with the force of law regarding matters in the jurisdiction of he National Assembly, and shall appoint and recall those officials who are normally appointed and recalled by the National Assembly . The President of the Republic shall submit these decrees with the force of law, and the decisions of appointments and recalls, to be voted by the National Assembly as soon as it is able to convene. In a state of war declared by the institutions of Bosnia and Herzegovina or in a state of emergency, the National Assembly, or the President of the Republic if the National Assembly is unable to convene, may pass extraordinary legal acts, which shall be valid only for the duration of such a state and shall suspend certain provisions of the Constitution related to: the passing of laws, other regulations and general legal acts; the powers of republican bodies to undertake certain measures; to certain human freedoms and rights, except for the freedoms and rights provided in Articles 10, 11, 13, 14, 15, 17, 18, 19, 20, 24 and 25 of the Constitution; changing the organisation and powers of executive, governing and judicial bodies and their personnel, as well as the territorial organisation of the Republic.

In the event of an immediate threat of war or a state of war, the term of office of the President of the Republic shall be extended Art. 85 for the duration of such a state, or until the conditions are created for the election of the President of the Republic. (para. 2 – the same applies to the Vice-President of the Republic)

All citizens shall have the right and duty to defend and protect the territory and constitutional order of Bosnia and Herzegovina Art. 104 and Republika Srpska. (the rest of the Chapter VII Defence has been deleted)

9 Art. 65 The Assembly of the Republic of Kosovo: (7) elects and may dismiss the President of the Republic of Kosovo in accordance with this Constitution; (8) elects the Government and expresses no confidence in it; (9) oversees the work of the Government and other public institutions that report to the Assembly in accordance with the Con- stitution and the law; Kosovo* (10) elects members of the Kosovo Judicial Council and the Kosovo Prosecutorial Council in accordance with this Constitution; (2008, l.a. 2016) (11) proposes the judges for the Constitutional Court; (12) oversees foreign and security policies; (13) gives consent to the President’s decree announcing a State of Emergency; Art. 73 1. The following cannot be candidates or be elected as deputies of the Assembly without prior resignation from their duty: (2) members of the Kosovo Security Force; (3) members of the Kosovo Police; (4) members of the Customs Service of Kosovo; (5) members of the Kosovo Intelligence Agency; Art. 84 The President of the Republic of Kosovo: (12) is the Commander-in-Chief of the Kosovo Security Force; (20) appoints the Commander of the Kosovo Security Force upon recommendation of the Government; (23) may request meetings of the Kosovo Security Council and chairs them during a State of Emergency; Art. 94 The Prime Minister has the following competencies: (5) chairs the Kosovo Security Council; (6) appoints the Kosovo Police General Director; (7) consults with the President of the Republic of Kosovo on matters of intelligence; (8) in cooperation with the President, jointly appoints the Director, Deputy Director and Inspector General of the Kosovo Intel- ligence Agency;

An independent oversight board for civil service shall ensure the respect of the rules and principles governing the civil service, Art. 101 (2) and shall itself reflect the diversity of the people of the Republic of Kosovo.

10 Chapter XI Article 125 [General Principles] Security sector 1. The Republic of Kosovo has authority over law enforcement, security, justice, public safety, intelligence, civil emergency re- KOSOVO* sponse and border control within its territory. (Art. 2. Security institutions in the Republic of Kosovo shall protect public safety and the rights of all people in the Republic of Kosovo. The institutions shall operate in full transparency and in accordance with internationally recognized democratic standards and 125-131) human rights. Security institutions shall reflect the ethnic diversity of the population of the Republic of Kosovo. 3. The Republic of Kosovo fully respects all applicable international agreements and the relevant international law and cooper- ates with the international security bodies and regional counterparts. 4. Civilian and democratic control over security institutions shall be guaranteed. 5. The Assembly of the Republic of Kosovo oversees the budget and policies of the security institutions as provided by law.

Article 126 [Kosovo Security Force] 1. The Kosovo Security Force shall serve as a national security force for the Republic of Kosovo and may send its members abroad in full conformity with its international responsibilities. 2. The Kosovo Security Force shall protect the people and Communities of the Republic of Kosovo based on the competencies provided by law. 3. The President of the Republic of Kosovo is the Commander-in-Chief of the Kosovo Security Force, which shall always be subject to control by democratically elected civilian authorities. 4. The Kosovo Security Force shall be professional, reflect ethnic diversity of the people of the Republic of Kosovo and shall be recruited from among the citizens of the Republic of Kosovo. 5. The Commander of the Kosovo Security Force shall be appointed by the President of the Republic of Kosovo upon the recommendation of the Government. Internal organization of the Kosovo Security Force shall be determined by law.

Article 127 [Kosovo Security Council] 1. The Security Council of the Republic of Kosovo in cooperation with the President of the Republic of Kosovo and the Govern- ment develops the security strategy for the Republic of Kosovo. The Security Council of the Republic of Kosovo shall also have an advisory role on all matters relating to security in the Republic of Kosovo. 2. The Security Council of the Republic of Kosovo shall be chaired by the Prime Minister with the support of the Government, except during a State of Emergency as provided by this Constitution. 3. The President of the Republic of Kosovo may require meetings of the Security Council of the Republic of Kosovo and the Council is obliged to closely coordinate its work with the President. The Security Council of the Republic of Kosovo shall closely cooperate with international authorities. 4. Members of the Security Council of the Republic of Kosovo shall be appointed and dismissed in a manner provided for by law.

11 Article 128 [Kosovo Police] 1. The Police of the Republic of Kosovo shall be responsible for the preservation of public order and safety throughout the terri- KOSOVO* tory of the Republic of Kosovo. 2. The Police shall be professional and reflect the ethnic diversity of the population of the Republic of Kosovo. 3. The Prime Minister shall appoint the Police Director General of the Republic of Kosovo upon the recommendation of the Gov- ernment and in accordance with law. Internal organization of the Kosovo Police shall be provided by law. 4. The Police of the Republic of Kosovo shall have a unified chain of command throughout the Republic of Kosovo with police stations corresponding to municipal boundaries. The Kosovo Police shall facilitate cooperation with municipal authorities and community leaders through the establishment of Local Councils as provided by law. Ethnic composition of the police within a municipality shall reflect the ethnic composition of the population within the respective municipality to the highest extent possible. 5. The Police of the Republic of Kosovo shall be responsible for border control in direct cooperation with local and international authorities.

Article 129 [Kosovo Intelligence Agency] 1. The Kosovo Intelligence Agency shall identify, investigate and monitor threats to security in the Republic of Kosovo. 2. The Kosovo Intelligence Agency shall be professional, politically impartial, multi-ethnic and shall be subject to Assembly oversight in a manner provided by law. 3. The President of the Republic of Kosovo and the Prime Minister, upon consultation with the Government, shall jointly appoint the Director, Deputy Director and Inspector General of Kosovo Intelligence Agency. Qualifications and terms of office shall be determined by law. 4. The President of the Republic of Kosovo and the Prime Minister shall receive the same intelligence information.

Article 130 [Civilian Aviation Authority] 1. The Civilian Aviation Authority of the Republic of Kosovo shall regulate civilian aviation activities in the Republic of Kosovo and shall be a provider of air navigation services as provided by law. 2. The Civilian Aviation Authority shall fully cooperate with relevant international and local authorities as provided by law.

Article 131 [State of Emergency] 1. The President of the Republic of Kosovo may declare a State of Emergency when: (1) there is a need for emergency defense measures; (2) there is internal danger to the constitutional order or to public security; or (3) there is a natural disaster affecting all or part of the territory of the Republic of Kosovo.

12 2. During the State of Emergency, the Constitution of the Republic of Kosovo shall not be suspended. Limitations on the rights and freedoms guaranteed by the Constitution shall only be to the extent necessary, for the least amount of time and in full accordance with this Constitution. During the State of Emergency, the law on elections of the Assembly and Municipalities shall KOSOVO* not be changed. Further principles for the actions of the public institutions during the State of Emergency shall be regulated by law, but shall not be inconsistent with this Article. 3. If there exists the need for emergency defense measures, the President of the Republic of Kosovo shall declare a State of Emer- gency upon consultation with the Prime Minister. In declaring the State of Emergency, the President of the Republic of Kosovo shall immediately issue a decree setting forth the nature of the threat and any limitations on rights and freedoms. Within forty eight (48) hours, the Assembly may provide its consent by two thirds (2/3) vote of the deputies present and voting. If consent is not provided, the President’s decree shall have no force or effect. 4. If there exists a danger to the constitutional order and to the public safety in the Republic of Kosovo or there exists a natural disaster in all or part of the territory of the Republic of Kosovo, the President of the Republic of Kosovo may declare a State of Emergency upon consultation with the Prime Minister. In declaring the State of Emergency, the President of the Republic of Kosovo shall immediately issue a decree setting forth the nature of the emergency and any limitations on rights and freedoms. Within forty eight (48) hours, the Assembly may provide its consent by a majority vote of the deputies present and voting. If consent is not provided, the President’s decree shall have no force or effect. 5. A State of Emergency shall last only as long as the danger continues and may last no longer than a period of sixty (60) days. With the consent of a majority vote of the deputies of the Assembly present and voting, the State of Emergency may be extended if necessary for successive periods of thirty (30) days up to a total of ninety (90) additional days. 6. The Assembly may place such limitations on the duration and extent of the State of Emergency as deemed necessary. When the President determines that the danger to the Republic of Kosovo is of an extraordinary nature, the Assembly may authorize an extension of the State of Emergency beyond the one hundred fifty (150) days, only if adopted by two thirds (2/3) vote of all deputies of the Assembly. 7. The President of the Republic of Kosovo may, upon consultation with the Government and the Assembly, order mobilization of the Kosovo Security Force to assist in the State of Emergency. 8. The Security Council of the Republic of Kosovo, only during the State of Emergency, shall exercise executive functions which shall be limited to those functions which specifically relate to the State of Emergency. In a State of Emergency the Security Council of the Republic of Kosovo shall be chaired by the President of the Republic of Kosovo, as provided by law. During the State of Emergency, the Security Council of the Republic of Kosovo shall closely cooperate with the Government, the Assembly and international authorities. 9. The law shall define the principles, areas and manner of compensation for any losses resulting from the limitations imposed during a State of Emergency.

13 The President of the Republic of Macedonia represents the Republic. The president of the Republic is Commander-in-Chief of Art. 79 the Armed Forces of Macedonia. The President of the Republic exercises his/her rights and duties on the basis and within the framework of the Constitution and laws.

The duty of the President of the Republic is incompatible with the performance of any other public office, profession or appoint- Art. 83 ment in a political party. The President of the Republic is granted immunity. The Constitutional Court decides by a two-thirds Macedonia majority vote of the total number of judges on any case for withholding immunity and approving of detention for the President (1991, l.a. 2011) of the Republic. Art. 84 The President of the Republic of Macedonia (6) - appoints three members to the Security Council of the Republic of Macedonia;- proposes the members of the Council for Inter-Ethnic Relations;

The President of the Republic is President of the Security Council of the Republic of Macedonia. The Security Council of the Art. 86 Republic is composed of the President of the Republic, the President of the Assembly, the Prime Minister, the Ministers heading the bodies of state administration in the fields of security, defence and foreign affairs and three members appointed by the President of the Republic. The Council considers issues relating to the security and defence of the Republic and makes policy proposals to the Assembly and the Government.

The bodies of state administration in the fields of defence and the police are to be headed by civilians who have been civilians Art. 97 for at least three years before their election to these offices.

Chapter VII Article 122 The Defence of The Armed Forces of the Republic of Macedonia protect the territorial integrity and independence of the Republic. The defence the Republic and of the Republic is regulated by a law adopted by a two-thirds majority vote of the total number of Representatives. States of War and Article 123 Emergency No person is authorized to recognize occupation of the Republic of Macedonia or of part thereof. Article 124 (Art. A state of war exists when direct danger of military attack on the Republic is impending, or when the Republic is attacked, or war 122-128) is declared on it. A state of war is declared by the Assembly by a two-thirds majority vote of the total number of Representatives of the Assembly, on the proposal of the President of the Republic, the Government or at least 30 Representatives. If the Assembly cannot meet, the decision on the declaration of a state of war is made by the President of the Republic who submits it to the Assembly for confirmation as soon as it can meet.

14 Article 125 A state of emergency exists when major natural disasters or epidemics take place. A state of emergency on the territory of the Republic of Macedonia or on part thereof is determined by the Assembly on a proposal by the President of the Republic, the Government or by at least 30 Representatives. The decision to establish the existence of a state of emergency is made by a two- MKD thirds majority vote of the total number of Representatives and can remain in force for a maximum of 30 days. If the Assembly cannot meet, the decision to establish the existence of a state of emergency is made by the President of the Republic, who submits it to the Assembly for confirmation as soon as it can meet. Article 126 During a state of war or emergency, the Government, in accordance with the Constitution and law, issues decrees with the force of law. The authorization of the Government to issue decrees with the force of law lasts until the termination of the state of war or emergency, on which the Assembly decides. Article 127 During the state of war, if the Assembly cannot meet, the President of the Republic may appoint and discharge the Government, as well as appoint or dismiss officials whose election is within the sphere of competence of the Assembly. Article 128 The mandate of the judges of the Constitutional Court of Macedonia, as well as members of the Republican Judicial Council is extended for the duration of the state of war or emergency.

Art. 11(7) The army and the security services shall be subject to democratic and civil control. Art. 82 The Parliament shall: 6) Adopt the National security strategy and Defense strategy; Montenegro 8) Decide on the use of units of the Army of Montenegro in the international forces; 10) Perform supervision of the army and security services; (2007, l.a. 2013) With the majority vote of the total number of Members the Parliament shall adopt the laws that regulate: manner of exercise of Art 91(2) liberties and rights of the citizens, (...) defense and security, the army (...); proclaims the state of war and state of emergency; (...) decide on the use of units of the Army of Montenegro in the international forces; (...)

15 Art. 95 The President of Montenegro: 2) Commands over the Army on the basis of the decisions of the Defense and Security Council; Art. 100 The Government shall: MNE 7) Propose the National Security Strategy and Defense Strategy;

The Army shall defend independence, sovereignty and state territory of Montenegro, in accordance with the principles of inter- Art. 129 national law regarding the use of force. (Title VI) The Army shall be subject to democratic and civil control. The members of the Army may be part of the international forces.

Title VII in Part III Article 130 Responsibility (Organisation of The Defense and Security Council shall: 1) Adopt the decisions regarding the command over the Army; Powers) 2) Analyze and assess the security situation in Montenegro and decide to take adequate measures; Defense and 3) Appoint, promote and discharge from duty the Army officers; Security Council 4) Propose to the Parliament proclamation of the state of war and state of emergency; 5) Propose the use of Army in international forces; (Art. 130- 6) Perform other duties stipulated by the Constitution and the law.

133) Article 131 Composition The Defense and Security Council of Montenegro shall consist of the President of Montenegro, the Speaker of the Parliament and the Prime Minister. The President of Montenegro shall act as the President of the Defense ad Security Council. Article 132 Proclamation of the state of war The state of war shall be proclaimed when there is direct danger of war for Montenegro, when Montenegro is attacked or war is declared against it. If the Parliament is not able to meet, the Defense and Security Council shall adopt the decision to proclaim the state of war and submit it to the Parliament for confirmation as soon as the Parliament is able to meet.

Article 133 Proclamation of the state of emergency The state of emergency may be proclaimed in the territory or part of the territory of Montenegro in case of the following: 1) Big natural disasters; 2) Technical-technological and environmental accidents and epidemics;

16 3) Greater disruption of public peace and order; 4) Violation or attempt to abolish the constitutional order. If the Parliament is not able to meet, the Defense and Security Council shall adopt the decision to proclaim the state of emergency and submit it to the Parliament for confirmation as soon as it is able to meet. MNE The state of emergency shall last until the circumstances that have caused it have ceased to exist.

Labour or service of persons serving sentence of imprisonment if their labour is based on the principle of voluntarity with finan- Art. 26 (4) cial compensation, labour or service of military persons, nor labour or services during war or state of emergency in accordance with measures prescribed on the declaration of war or state of emergency, shall not be considered forced labour.

No person shall be obliged to perform military or any other service involving the use of weapons if this opposes his religion or beliefs. Art. 45 Any person pleading conscientious objection may be called upon to fulfill military duty without the obligation to carry weap- Serbia Conscientious ons, in accordance with the law. objection (2006) Art. 55 [3] Secret and paramilitary associations shall be prohibited. [4] Constitutional Court may ban only such associations the activity of which is aimed at violent overthrow of constitutional Freedom of order, violation of guaranteed human or minority rights, or inciting of racial, national and religious hatred. association [5] Judges of Constitutional Court, judges, public prosecutors, Defender of Citizens, members of police force and military persons may not be members of political parties. Art. 97 The Republic of Serbia shall organise and provide for: 1. sovereignty, independence, territorial integrity and security of the Republic of Serbia, its international status and relations Competences of with other countries and international organisations; the Republic of 2. exercise and protection of freedoms and rights of citizens; constitutionality and legality; proceedings before courts and other Serbia state bodies; liabilities and sanctions for violation of freedoms and rights of citizens stipulated by the Constitution and for violation of laws, other regulations and general acts; amnesty and pardon for criminal offences; (...) 4. defence and security of the Republic of Serbia and its citizens; measures in case of the state of emergency; (...)

17 Art. 99 The National Assembly shall: 5. decide on war and peace and declare state of war and emergency, 6. supervise the work of security services, SRB 9. adopt defence strategy,

The National Assembly shall adopt decisions by majority vote of deputies at the session at which majority of deputies are present. Art. 105 By means of majority vote of all deputies the National Assembly shall: 1. grant amnesty for criminal offences, 2. declare and call off the state of emergency, 3. order measures of departure from human and minority rights in the state of war and emergency,

Art. 106 The National Assembly shall be convoked for two regular sessions per year. (...) The National Assembly shall be convoked without announcement upon the declaration of the state of war or emergency.

The subject of the referendum may not include duties deriving from international contracts, laws pertaining to human and Art. 108(2) minority rights and freedoms, fiscal and other financial laws, the budget and financial statement, introduction of the state of emergency and amnesty, as well as issues pertaining to election competences of the National Assembly.

Art. 109 The President of the Republic may dissolve the National Assembly, upon the elaborated proposal of the Government. (...) The National Assembly may not be dissolved during the state of war and emergency. (...) The National Assembly, which has been dissolved, shall only perform current or urgent tasks, stipulated by the Law. In case of declaration of the state of war or emergency, its full competence shall be reestablished and last until the end of the state of war, that is, emergency.

In accordance with the Law, the President of the Republic shall command the Army and appoint, promote and relieve officers Art. 112(2) of the Army of Serbia.

The term of office of the President of the Republic shall last five years and begin from the day of taking of the oath before the Art. 116 National Assembly. If the term of office of the President of the Republic expires during the state of war or emergency, it shall be extended so that it lasts until the expiry of three months from the day of the end of the state of war, that is, of emergency. (...)

18 Part VI, Subtitle VI Article 139 Competences The Army of Serbia shall defend the country from external armed threat and perform other missions and tasks, in accordance The Army with the Constitution, Law and principles of international law, which regulate the use of force. of Serbia

SRB Article 140 Use of the Army outside the borders (Art. 139- The Army of Serbia may be used outside the borders of the Republic of Serbia only upon the decision of the National Assembly 141) of the Republic of Serbia.

Article 141 Control over the Army of Serbia The Army of Serbia shall be subject to democratic and civil control. The Law on the Army of Serbia shall be enacted.

When the survival of the state or its citizens is threatened by a public danger, the National Assembly shall proclaim the state of Art. 200 emergency. State of The decision on the state of emergency shall be effective 90 days at the most. Upon expiry of this period, the National Assembly Emergency may extend the decision on the state of emergency for another 90 days, by the majority votes of the total number of deputies. During the state of emergency, the National Assembly shall convene without any special call for assembly and it may not be dismissed. When proclaiming the state of emergency, the National Assembly may prescribe the measures which shall provide for derogation from human and minority rights guaranteed by the Constitution. When the National Assembly is not in a position to convene, the decision proclaiming the state of emergency shall be adopted by the President of the Republic together with the President of the National Assembly and the Prime Minister, under the same terms as by the National Assembly. When the National Assembly is not in a position to convene, the measures which provide for derogation from human and minority rights may be prescribed by the Government, in a decree, with the President of the Republic as a co-signatory. Measures providing for derogation from human and minority rights prescribed by the National Assembly or Government shall be effective 90 days at the most, and upon expiry of that period may be extended under the same terms. When the decision on the state of emergency has not been passed by the National Assembly, the National Assembly shall verify it within 48 hours from its passing, that is, as soon as it is in a position to convene. If the National Assembly does not verify this decision, it shall cease to be effective upon the end of the first session of the National Assembly held after the proclamation of the state of emergency.

19 In cases when the measures providing for derogation from human and minority rights have not been prescribed by the National Assembly, the Government shall be obliged to submit the decree on measures providing for derogation from human and minority rights to be verified by the National Assembly within 48 hours from its passing, that is, as soon as the National Assembly is in a position to convene. In other respects, the measures providing for derogation shall cease to be effective 24 hours prior to SRB the beginning of the first session of the National Assembly held after the proclamation of the state of emergency.

Art. 201 The National Assembly shall proclaim the state of war. When the National Assembly is not in a position to convene, the decision on proclamation of the state of war shall be passed by State of War the President of the Republic together with the President of the National Assembly and the Prime Minister. When proclaiming the state of war, the National Assembly may prescribe the measures which shall provide for derogation from human and minority rights guaranteed by the Constitution. When the National Assembly is not in a position to convene, the measures which provide for derogation from human and minority rights guaranteed by the Constitution shall be decided on by the President of the Republic together with the President of the National Assembly and the Prime Minister. All measures prescribed in the period of the state of war shall be verified by the National Assembly when in a position to convene.

Upon proclamation of the state of emergency or war, derogations from human and minority rights guaranteed by the Constitu- Art. 202 tion shall be permitted only to the extent deemed necessary. Derogation form Measures providing for derogation shall not bring about differences based on race, sex, language, religion, national affiliation human and or social origin. minority rights Measures providing for derogation from human and minority rights shall cease to be effective upon ending of the state of emer- in the state of gency or war. emergency and Measures providing for derogation shall by no means be permitted in terms of the rights guaranteed pursuant to Articles 23, 24, war 25, 26, 28, 32, 34, 37, 38, 43, 45, 47, 49, 62 , 63, 64 and 78 of the Constitution.

20 Chapter II: Central and Eastern Europe (EU member countries) Country Constitutional Content Provisions

Art. 84 The National Assembly shall: 10. resolve on the declaration of war and conclusion of peace; 11. approve any deployment and use of Bulgarian armed forces outside the country’s borders, and the deployment of foreign troops on the territory of the country or their crossing of that territory; 12. on a motion from the President or the Council of Ministers, introduce martial law or a state of emergency on all or part of the Bulgaria country’s territory; (1991, last amended 2007) Art.100 (1) The President shall be the Supreme Commander in Chief of the Armed Forces of the Republic of Bulgaria. (2) The President shall appoint and remove the higher command of the Armed Forces and shall bestow all higher military ranks on a motion from the Council of Ministers. (3) The President shall preside over the Consultative National Security Council, the status of which shall be established by law. (4) The President shall proclaim general or partial mobilization on a motion from the Council of Ministers in accordance with the law. (5) The President shall proclaim a state of war in the case of an armed attack against Bulgaria or whenever urgent actions are required by virtue of an international commitment, or shall proclaim martial law or any other state of emergency whenever the National Assembly is not in session and cannot be convened. The National Assembly shall then be convened forthwith to endorse the decision.

(2) The Council of Ministers shall ensure the public order and national security and shall exercise overall guidance over the state Art.105 administration and the Armed Forces.

21 Art. 7 1 The armed forces of the Republic of Croatia shall protect its sovereignty and independence and defend its territorial integrity. 2 Assistance in the protection of sovereignty and independence and defence of territorial integrity may also be rendered to the Republic of Croatia by allied states pursuant to ratified international treaties. 3 The armed forces of allied states may cross the national border and enter the Republic of Croatia or operate within the national borders thereof as stipulated under ratified international treaties, pursuant to a decision by the Government of the Republic of Croatia Croatia with the prior consent of the President of the Republic of Croatia. 4 The Republic of Croatia may render assistance to allied states in case of armed aggression on one or more thereof as stipulat- (1990, l.a 2014) ed under ratified international treaties, pursuant to a decision of the Croatian Parliament proposed by the Government of the Republic of Croatia with the prior consent of the President of the Republic of Croatia. 5 The armed forces of the Republic of Croatia may cross its national borders or operate across its borders pursuant to a decision of the Croatian Parliament proposed by the Government of the Republic of Croatia with the prior consent of the President of the Republic of Croatia. 6 The decision specified in paragraphs (3), (4) and (5) of the Article shall be made by the Croatian Parliament by a majority vote of all of its members. 7 Insofar as the President of the Republic of Croatia denies the consent specified in paragraphs (3), (4) and (5) of this Article, the Croatian Parliament shall make the decision by a two-thirds majority of votes of all of its members. 8 The armed forces of the Republic of Croatia may cross the national borders of the Republic of Croatia for the purpose of military exercises and training within the framework of international organisations to which the Republic of Croatia has acceded or is in the process of acceding pursuant to international treaties and for the purpose of rendering humanitarian assistance, pursuant to a decision by the Government of the Republic of Croatia with the prior consent of the President of the Republic of Croatia. 9 The armed forces of allied states may cross the national borders of the Republic of Croatia for the purpose of military exercises and training within the framework of international organisations to which the Republic of Croatia has acceded or is in the process of acceding pursuant to international treaties and for the purpose of rendering humanitarian assistance, pursuant to a decision by the Government of the Republic of Croatia with the prior consent of the President of the Republic of Croatia. 10 Under the circumstances specified in Articles 17 and 101 of the Constitution, the armed forces may, if necessitated by the nature of a threat, be deployed to assist the police and other state bodies. 11 The armed forces of the Republic of Croatia may also be deployed to assist fire fighting and rescue operations and surveil- lance and protection of the rights of the Republic of Croatia at sea. 12 The defence structure, chain of command, administration and democratic oversight of the armed forces of the Republic of Croatia shall be regulated by the Constitution and law.

22 Art. 81 The Croatian Parliament shall: (4) – decide on war and peace; (5) – adopt documents expressing the policy of the Croatian Parliament; CRO (6) – adopt the National Security Strategy and the Defence Strategy of the Republic of Croatia; (7) – exercise civilian oversight of the armed forces and security services of the Republic of Croatia; (8) – decide on alterations of the borders of the Republic of Croatia;

The President of the Republic shall not perform any other public or professional duty. Once elected, the President of the Repub- Art. 96 lic shall resign from membership in any political party and shall notify the Croatian Parliament thereof. Art. 100 The President of the Republic shall be the commander-in-chief of the armed forces of the Republic of Croatia. The President of the Republic shall appoint and dismiss military commanders, in compliance with law. Pursuant to a decision of the Croatian Parliament, the President of the Republic may declare war and conclude peace. In the event of a clear and present danger to the independence, integrity and existence of the Republic of Croatia, the President of the Republic may, with the countersignature of the Prime Minister, order the employment of the armed forces even if a state of war has not been declared.

The President of the Republic and the Government of the Republic of Croatia shall, in accordance with the Constitution and law, Art. 103 co-operate in directing the work of security services. The appointment of the heads of security services shall, subject to a prior opinion obtained from the relevant committee of the Croatian Parliament, be countersigned by the President of the Republic and the Prime Minister of the Republic of Croatia.

(3) Decision on declaration of war, approval of a dispatch of Czech military forces outside the territory of the Czech Republic or Art. 39 of the presence of foreign military forces on the territory of the Czech Republic as well as a decision on the participation of the Czech Republic in defence systems of international organizations of which the Czech Republic is a member, shall require the CZE consent of more than half of all Deputies and more than half of all Senators.

23 (1) The Parliament may decide to declare a state of war should the Czech Republic be attacked or should international contrac- Art. 43 tual obligations concerning common defence be met. (2) The Parliament shall decide on the participation of the Czech Republic in defense systems of an international organization of which the Czech Republic is a member. Czech (3) The Parliament shall give its approval of Republic a) dispatch of Czech military forces outside the territory of the Czech Republic, b) presence of foreign military forces on the territory of the Czech Republic, unless these decisions have been reserved for the (1993, l.a. 2013)* government. (4) The government shall decide on a dispatch of Czech military forces outside the territory of the Czech Republic and on the presence of foreign military forces on the territory of the Czech Republic for up to 60 days at most when they concern a) fulfillment of international contractual obligations concerning common defence against aggression, b) participation in peace operations pursuant to a decision of an international organization of which the Czech Republic is a member, and providing there is an approval of the receiving state, c) participation in rescue operations in case of natural, industrial and ecological disasters. (5) The government shall also decide a) on the passage or fly of foreign military forces through/over the territory of the Czech Republic, b) on the participation of Czech military forces in military exercises outside the territory of the Czech Republic and on the participation of foreign military forces in military exercises on the territory of the Czech Republic. (6) The government shall inform both Chambers of the Parliament of its decisions under Subsections 4 and 5 with no delay. The Parliament may revoke such a decision of the Government by an objecting resolution of at least one of its Chambers approved by half of all Members of this Chamber. Art. 63 (1) The President of the Republic shall furthermore c) be the supreme commander of the armed forces; * Constitutional Act on the Security of the (2) The President of the Republic shall also exercise authority which is not explicitly defined in this Constitutional Act, if the law Czech Republic so provides. was adopted (3) Decisions made by the President of the Republic pursuant to the provisions of paragraphs 1 and 2 shall be valid only if coun- separately in 1998, tersigned by the Prime Minister or by a member of the Government so authorized by the Prime Minister. mostly regulating (4) The responsibility for a decision made by the President of the Republic, which must be countersigned by the Prime Minister states of exception. or a member of the Government authorized by him, shall be borne by the Government.

24 The Riigikogu: (national parliament) Art. 65 3) elects the President pursuant to § 79 of the Constitution; 14) declares a state of emergency in the national territory pursuant to § 129 of the Constitution; 15) acting on a proposal of the President, declares a state of war and orders mobilisation and demobilisation; 16) resolves other issues of national importance which the Constitution does not assign to the President, the Government of the Estonia Republic, other public bodies or local authorities. The President: (...) (1992, l.a. 2015) Art. 78 15) confers national awards and military and diplomatic ranks; 16) is the supreme commander of national defence of Estonia; 17) makes proposals to the Riigikogu to declare a state of war, to order mobilisation and demobilisation and, pursuant to § 129 of the Constitution, to declare a state of emergency; 18) in the case of aggression against Estonia, declares a state of war and orders mobilisation pursuant to § 128 of the Constitu- tion; [as of 2011] The procedure for the passage of laws is provided in the Riigikogu Procedure Act. Art. 104 The following laws may only be passed and amended by a majority of the members of the Riigikogu: (...) 16) the State of Emergency Act; 17) the Peace-Time National Defence Act and the War-Time National Defence Act. Issues regarding the budget, taxation, financial obligations of the national government, ratification and denunciation of interna- Art. 106 tional treaties, the declaration or termination of a state of emergency, or national defence may not be submitted to a referendum. The procedure for holding a referendum is provided in the Referendum Act. The organisation of national defence is provided in the Peace-Time National Defence Act and the War-Time National Defence Act. Art. 126 The organisation of the Estonian Defence Forces and of national defence organisations is provided by law. The supreme commander of national defence is the President. Art. 127 The President is assisted by the National Defence Council which is an advisory body whose membership and tasks are to be provided by law. [as of 2011] On the proposal of the President, the Riigikogu declares a state of war, orders mobilisation and demobilisation, and decides the Art. 128 use of the Defence Forces to fulfil international obligations of the Estonian government. In the case of aggression against the Republic of Estonia, the President declares a state of war and orders mobilisation without awaiting the corresponding resolution of the Riigikogu.

25 In the case of a threat to the Estonian constitutional order, the Riigikogu may, acting on a proposal of the President or of the Art. 129 Government of the Republic and by a majority of its members, declare a state of emergency in the entire national territory for a EST period not exceeding three months. Detailed arrangements regarding a state of emergency are to be provided by law.

(1) Hungary’s armed forces shall be the Hungarian Defence Forces. Core duties of the Hungarian Defence Forces shall be the Art. 45 military defence of the independence, territorial integrity and borders of Hungary, the performance of collective defence and peacekeeping tasks arising from international treaties, as well as the carrying out of humanitarian activities in accordance with Hungary The Hungarian the rules of international law. Defence Forces (2) Unless otherwise provided for by an international agreement, Parliament, the President of the Republic, the National Defence (2011, l.a. 2013) Council, the Government, and the responsible and competent Minister shall have the exclusive right to direct the Hungarian Defence Forces according to the Fundamental Law and a cardinal Act. The operation of the Hungarian Defence Forces shall be directed by the Government. (3) The Hungarian Defence Forces shall contribute to disaster prevention and the relief and elimination of the consequences of disasters. (4) The professional members of the Hungarian Defence Forces shall not be affiliated to any political party or engage in any political activity. (5) The detailed rules relating to the organisation, tasks, command and control, and operation of the Hungarian Defence Forces shall be laid down in a cardinal Act.

(1) The core duties of the police shall be the prevention and investigation of criminal offences, and the protection of public se- Art. 46 curity, public order, and the order of state borders. (2) The police shall operate under the direction of the Government. The Police and National Security (3) The core duties of the national security services shall be the protection of the independence and lawful order of Hungary, and Services the promotion of its national security interests. (4) The national security services shall operate under the direction of the Government. (5) Professional staff members of the police and the national security services may not be members of political parties or engage in political activities. (6) The detailed rules relating to the organisation and operation of the police and the national security services, the rules for the use of special investigative means and techniques, as well as the rules concerning national security activities shall be laid down in a cardinal Act.

26 (1) The Government shall decide on those troop movements of the Hungarian Defence Forces and of foreign armed forces which Art 47 involve the crossing of borders. (2) With the exception of the cases specified in paragraph (3) below, Parliament shall, with a two-thirds majority of the votes of Decisions on Members of Parliament present, decide on the use of the Hungarian Defence Forces abroad or within Hungary, on their station- Participation HUN ing abroad, as well as on the use of foreign armed forces within or departing from the territory of Hungary, or on the stationing in Military of foreign armed forces in Hungary. Operations (3) The Government shall decide on the use of the Hungarian Defence Forces and of foreign armed forces referred to in paragraph (2) and based on a decision of the European Union or the North Atlantic Treaty Organisation, or on other troop movements thereof. (4) The Government – while simultaneously informing the President of the Republic – shall immediately report to Parliament any decision made in accordance with paragraph (3), or authorizing the participation of the Hungarian Defence Forces in peace-keeping missions or in humanitarian activities in foreign theatres of operation. Chapter 48. Common Rules for the State of National Crisis and the State of Emergency (1) The National Assembly: Special Legal a) shall declare a state of national crisis and set up a National Defence Council in the event of the declaration of a state of war or orders an imminent danger of armed attack by a foreign power (danger of war); b) shall declare a state of emergency in the event of armed actions aimed at subverting the lawful order or at exclusively acquir- ing power, or in the event of serious acts of violence endangering life and property on a massive scale, committed with arms or (Art. with objects suitable to be used as arms. 48-54) (2) For the declaration of a state of war, the conclusion of peace or the declaration of a special legal order referred to in Paragraph (1), the votes of two-thirds of the Members of the National Assembly shall be required. (3) If the National Assembly is prevented from taking such decisions, the President of the Republic shall have the right to declare a state of war, to declare a state of national crisis and set up the National Defence Council, or to declare a state of emergency. (4) The National Assembly shall be deemed to be prevented from taking such decisions if it is not in session and its convening is made impossible by insurmountable obstacles caused by shortage of time or the events resulting in a state of war, state of national crisis or state of emergency. (5) The Speaker of the National Assembly, the President of the Constitutional Court and the Prime Minister shall unanimously determine that the National Assembly is prevented from acting and that the declaration of a state of war, state of national crisis or state of emergency is justified. (6) As soon as the National Assembly is no longer prevented from acting, it shall at its first sitting review whether the declaration of a state of war, state of national crisis or state of emergency was justified, and decide on the legality of the measures adopted. For such decision, the votes of two-thirds of the Members of the National Assembly shall be required. (7) During a state of national crisis or a state of emergency, the National Assembly may not dissolve itself and may not be dissolved. During a state of national crisis or a state of emergency, no general elections of Members of the National Assembly may be called or held; in such cases, a new National Assembly shall be elected within ninety days of the termination of the state of national crisis or state of emergency. If the general elections of Members of the National Assembly have already been held but the new National Assembly has not been formed yet, the President of the Republic shall convene the constitutive sitting for a date within thirty days of the termination of the state of national crisis or state of emergency.

27 (8) The National Assembly that has dissolved itself or has been dissolved may be convened also by the National Defence Council during a state of national crisis, and by the President of the Republic during a state of emergency. 49. State of national crisis (1) The President of the National Defence Council shall be the President of the Republic, and its members shall be the Speaker of HUN the National Assembly, the leaders of parliamentary groups, the Prime Minister, the Ministers and – in a consultative capacity – the Chief of the National Defence Staff. (2) The National Defence Council shall exercise: a) the powers delegated to it by the National Assembly, b) the powers of the President of the Republic, c) the powers of the Government. (3) The National Defence Council shall decide: a) on the deployment of the Hungarian Defence Forces abroad or within Hungary, on their participation in peacekeeping, on their humanitarian activity in a foreign operational area, or on their stationing abroad, b) on the deployment of foreign armed forces in Hungary or departing from the territory of Hungary, or on their stationing in Hungary, c) on the introduction of extraordinary measures laid down in a cardinal Act. (4) The National Defence Council may adopt decrees by means of which it may, as provided for by a cardinal Act, suspend the application of certain Acts, derogate from the provisions of Acts and take other extraordinary measures. (5) Upon the termination of the state of national crisis, such decrees of the National Defence Council shall cease to have effect, unless the National Assembly extends those decrees. 50. State of Emergency (1) Should the use of the police and the national security services prove insufficient, the Hungarian Defence Forces may be used during a state of emergency. (2) During a state of emergency, if the National Assembly is prevented from acting, the President of the Republic shall decide on the use of the Hungarian Defence Forces under Paragraph (1). (3) During a state of emergency, the extraordinary measures laid down in a cardinal Act shall be introduced by the President of the Republic in decrees. By means of his or her decrees, the President of the Republic may, as provided for by a cardinal Act, suspend the application of certain Acts, derogate from the provisions of Acts and take other extraordinary measures. (4) The President of the Republic shall forthwith inform the Speaker of the National Assembly of the extraordinary measures introduced. During a state of emergency, the National Assembly or, if it is prevented from acting, the committee of the National Assembly dealing with national defence issues shall remain continuously in session. The National Assembly or, if it is prevented from acting, the committee of the National Assembly dealing with national defence issues may suspend the application of the extraordinary measures introduced by the President of the Republic. (5) Extraordinary measures introduced by means of decrees shall remain in force for thirty days, unless the National Assembly or, if it is prevented from acting, the committee of the National Assembly dealing with national defence issues extends them. (6) Upon the termination of the state of emergency, such decrees of the President of the Republic shall cease to have effect.

28 51. State of Preventive Defence (1) In the event of a danger of external armed attack or in order to meet an obligation arising from an alliance, the National As- sembly shall declare a state of preventive defence for a fixed period of time, and shall simultaneously authorise the Government to introduce extraordinary measures laid down in a cardinal Act. The period of the state of preventive defence may be extended. HUN (2) The votes of two-thirds of the Members of the National Assembly present shall be required for a special legal order referred to in Paragraph (1) to be declared or to be extended. (3) After initiating the declaration of a state of preventive defence, the Government may, by means of decrees, introduce measures derogating from the Acts regulating the operation of public administration, the Hungarian Defence Forces and law enforcement organs, and shall continuously inform the President of the Republic and the standing committees of the National Assembly vested with the relevant functions and powers. The measures thus introduced shall remain in force until the decision of the National Assembly on the declaration of a state of preventive defence but for no longer than sixty days. (4) During a state of preventive defence, the Government may adopt decrees by means of which it may, as provided for by a cardinal Act, suspend the application of certain Acts, derogate from the provisions of Acts and take other extraordinary measures. (5) Upon the termination of the state of preventive defence, such decrees of the Government shall cease to have effect. 52. Unexpected Attack (1) In the event of an unexpected incursion of external armed groups into the territory of Hungary, until the decision on the declaration of a state of emergency or state of national crisis, the Government shall be obliged – if necessary, in accordance with the armed defence plan approved by the President of the Republic – to immediately take action using forces proportionate to and prepared for the attack, to repel the attack, to defend the territory of Hungary with domestic and allied emergency air defence and aviation forces, in order to protect lawful order, life and property, public order and public security. (2) The Government shall forthwith inform the National Assembly and the President of the Republic of its action taken under Paragraph (1). (3) In the event of an unexpected attack, the Government may introduce extraordinary measures laid down in a cardinal Act, and may adopt decrees by means of which it may, as provided for by a cardinal Act, suspend the application of certain Acts, derogate from the provisions of Acts and take other extraordinary measures. (4) Upon the termination of the unexpected attack, such decrees of the Government shall cease to have effect. 53. State of Danger (1) In the event of a natural disaster or industrial accident endangering life and property, or in order to mitigate the consequences thereof, the Government shall declare a state of danger, and may introduce extraordinary measures laid down in a cardinal Act. (2) In a state of danger the Government may adopt decrees by means of which it may, as provided for by a cardinal Act, suspend the application of certain Acts, derogate from the provisions of Acts and take other extraordinary measures. (3) The decrees of the Government referred to in Paragraph (2) shall remain in force for fifteen days, unless the Government, on the basis of authorisation by the National Assembly, extends those decrees. (4) Upon the termination of the state of danger, such decrees of the Government shall cease to have effect.

29 54. Common Rules for Special Legal Orders (1) Under a special legal order, the exercise of fundamental rights – with the exception of the fundamental rights provided for in Articles II and III, and Article XXVIII(2) to (6) – may be suspended or may be restricted beyond the extent specified in Article I(3). (2) Under a special legal order, the application of the Fundamental Law may not be suspended, and the operation of the Consti- HUN tutional Court may not be restricted. (3) A special legal order shall be terminated by the organ entitled to introduce the special legal order if the conditions for its declaration no longer exist. (4) The detailed rules to be applied under a special legal order shall be laid down in a cardinal Act.

42. The President shall be the Commander-in-Chief of the armed forces of Latvia. During wartime, the President shall appoint a Art. 42-44 Supreme Commander. 43. The President shall declare war on the basis of a decision of the Saeima. Powers of the President 44. The President has the right to take whatever steps are necessary for the military defence of the State should another state declare war on Latvia or an enemy invade its borders. Concurrently and without delay, the President shall convene the Saeima, Latvia which shall decide as to the declaration and commencement of war. If the State is threatened by an external enemy, or if an internal insurrection which endangers the existing political system arises (1922, l.a. 2014) Art. 62 or threatens to arise in the State or in any part of the State, the Cabinet has the right to proclaim a state of emergency and shall inform the Presidium within twenty-four hours ant the Presidium shall, without delay, present such decision of the Cabinet to the Saeima. Art. 67 The Saeima [Parliament] shall determine the size of the armed forces of the State during peacetime. The Budget and laws concerning (...) military conscription, declaration and commencement of war, peace treaties, declaration Art. 73 of a state of emergency and its termination, mobilisation and demobilisation, as well as agreements with other nations may not be submitted to national referendum. In Latvia, court cases shall be heard by district (city) courts, regional courts and the Supreme Court, but in the event of war or a Art. 82 state of emergency, also by military courts.

30 The Armed Forces of the Republic of Poland shall safeguard the independence and territorial integrity of the State, and shall Art. 26 ensure the security and inviolability of its borders. The Armed Forces shall observe neutrality regarding political matters and shall be subject to civil and democratic control. Art. 116 1. The Sejm shall declare, in the name of the Republic of Poland, a state of war and the conclusion of peace. Poland 2. The Sejm may adopt a resolution on a state of war only in the event of armed aggression against the territory of the Republic of Poland or when an obligation of common defence against aggression arises by virtue of international agreements. If the Sejm (1997, l.a 2009) cannot assemble for a sitting, the President of the Republic may declare a state of war. The principles for deployment of the Armed Forces beyond the borders of the Republic of Poland shall be specified by a ratified Art. 117 international agreement or by statute. The principles for the presence of foreign troops on the territory of the Republic of Poland and the principles for their movement within that territory shall be specified by ratified agreements or statutes. 2. The President of the Republic shall ensure observance of the Constitution, safeguard the sovereignty and security of the State Art. 126 as well as the inviolability and integrity of its territory.

1. The President of the Republic shall be the Supreme Commander of the Armed Forces of the Republic of Poland. Art. 134 2. The President of the Republic, in times of peace, shall exercise command over the Armed Forces through the Minister of Na- tional Defence. 3. The President of the Republic shall appoint, for a specified period of time, the Chief of the General Staff and commanders of branches of the Armed Forces. The duration of their term of office, the procedure for and terms of their dismissal before the end thereof, shall be specified by statute. 4. The President of the Republic, for a period of war, shall appoint the Commander-in-Chief of the Armed Forces on request of the Prime Minister. He may dismiss the Commander-in-Chief of the Armed Forces in accordance with the same procedure. The authority of the Commander-in-Chief of the Armed Forces, as well as the principle of his subordination to the constitutional organs of the Republic of Poland, shall be specified by statute. 5. The President of the Republic, on request of the Minister of National Defence, shall confer military ranks as specified by statute. 6. The authority of the President of the Republic, regarding his supreme command of the Armed Forces, shall be specified in detail by statute.

The advisory organ to the President of the Republic regarding internal and external security of the State shall be the National Art. 135 Security Council.

In the event of a direct external threat to the State, the President of the Republic shall, on request of the Prime Minister, order a Art. 136 general or partial mobilization and deployment of the Armed Forces in defence of the Republic of Poland.

31 1. The President of the Republic, exercising his constitutional and statutory authority, shall issue Official Acts. Art. 144 2. Official Acts of the President shall require, for their validity, the signature of the Prime Minister who, by such signature, accepts responsibility therefor to the Sejm. 3. The provisions of para. 2 above shall not relate to: POL 26) appointing and dismissing members of the National Security Council; 4. To the extent and in accordance with the principles specified by the Constitution and statutes, the Council of Ministers, in Art. 146 particular, shall: 7) ensure the internal security of the State and public order; 11) exercise general control in the field of national defence and annually specify the number of citizens who are required to perform active military service 1. The administration of justice in the Republic of Poland shall be implemented by the Supreme Court, the common courts, ad- Art. 175 ministrative courts and military courts. 2. Extraordinary courts or summary procedures may be established only during a time of war. 1. In the case of threats to the constitutional order of the State, to security of the citizenry or public order, the President of the Art. 230 Republic may, on request of the Council of Ministers, introduce for a definite period no longer than 90 days, a state of emergency in a part of or upon the whole territory of the State. 2. Extension of a state of emergency may be made once only for a period no longer than 60 days and with the consent of the Sejm. The President of the Republic shall submit the regulation on the introduction of martial law or a state of emergency to the Sejm Art. 231 within 48 hours of signing such regulation. The Sejm shall immediately consider the regulation of the President. The Sejm, by an absolute majority of votes taken in the presence of at least half the statutory number of Deputies, may annul the regulation of the President. In order to prevent or remove the consequences of a natural catastrophe or a technological accident exhibiting characteristics of a Art. 232 natural disaster, the Council of Ministers may introduce, for a definite period no longer than 30 days, a state of natural disaster in a part of or upon the whole territory of the State. An extension of a state of natural disaster may be made with the consent of the Sejm. 1. The statute specifying the scope of limitation of the freedoms and rights of persons and citizens in times of martial law and Art. 233 states of emergency shall not limit the freedoms and rights specified in Article 30 (the dignity of the person), Article 34 and Ar- ticle 36 (citizenship), Article 38 (protection of life), Article 39, Article 40 and Article 41, para.4 (humane treatment), Article 42 (as- cription of criminal responsibility), Article 45 (access to a court), Article 47 (personal rights), Article 53 (conscience and religion), Article 63 (petitions), as well as Article 48 and Article 72 (family and children). 2. Limitation of the freedoms and rights of persons and citizens only by reason of race, gender, language, faith or lack of it, social origin, ancestry or property shall be prohibited. 3. The statute specifying the scope of limitations of the freedoms and rights of persons and citizens during states of natural disasters may limit the freedoms and rights specified in Article 22 (freedom of economic activity), Article 41, paras. 1, 3 and 5 (personal freedom), Article 50 (inviolability of the home), Article 52, para. 1 (freedom of movement and sojourn on the territory of the Republic of Poland), Article 59, para. 3 (the right to strike), Article 64 (the right of ownership), Article 65, para. 1 (freedom to work), Article 66, para. 1 (the right to safe and hygienic conditions of work) as well as Article 66, para. 2 (the right to rest).

32 1. Whenever, during a period of martial law, the Sejm is unable to assemble for a sitting, the President of the Republic shall, on Art. 234 application of the Council of Ministers, and within the scope and limits specified in Article 228, paras. 3-5, issue regulations having the force of statute. Such regulations must be approved by the Sejm at its next sitting. POL 2. The regulations, referred to in para.1 above shall have the character of universally binding law.

(2) The chambers may also meet in joint sessions, in conformity with the rules of procedure adopted by majority vote of the Art. 65 Deputies and Senators, in order to: c) to declare total or partial mobilization; d) to declare a state of war; e) to suspend or terminate armed hostilities; Romania f) approve the national strategy of homeland defense; g) examine reports of the Supreme Council of National Defense (1991, l.a. 2003) h) appoint, upon proposal by the President of Romania, the directors of the intelligence services and exercise control over the activity of those services; By organic laws it shall be regulated: Art. 73(3) e) organisation of the Government and of the Supreme Council of National Defence; f) the state of partial or total mobilization of the armed forces and the state of war; g) the state of siege and emergency; (1) The President of Romania is the Commander-in-Chief of the Armed Forces and the head of the Supreme Council of National Art. 92 Defence. (2) He may declare, with prior approval by Parliament, partial or general mobilization of the Armed Forces. In exceptional cases Powers only, the President may submit his decision to Parliament for subsequent approval, but no later than 5 days after such decision [of the President] in has been made. matters of defence (3) In the event of an armed aggression against the country, the President of Romania shall take measures to repel the aggression, and he shall promptly inform Parliament about that, by a message. If Parliament does not sit in a session, it shall be convened as of right within 24 hours from the outbreak of the aggression. (4) In the event of mobilization or war, Parliament shall pursue its activity throughout the length of such states, and, if not in session already, it shall be convened as of right within 24 hours after such a state has been declared.

33 (1) The President of Romania shall, according to the law, institute the state of siege or the state of emergency in all the country or Art. 93 in some territorial-administrative entities, and ask for the Parliament’s approval of such measure within 5 days after that decision. [Powers of the (2) If Parliament does not sit in a session, it shall be convened as of right within 48 hours from the institution of a state of siege or President regarding] a state of emergency, and shall function throughout this state. Emergency ROM measures The President of Romania shall also have the following powers: Art. 94 b) to make promotions to the ranks of marshal, general and admiral; Other powers [of the President] (1) The Army shall be subordinated exclusively to the will of the people for guaranteeing the State sovereignty, independence Art. 118 and unity, the territorial integrity of the country, and constitutional democracy. Subject to the law and under the terms of international treaties to which Romania is a party, the Army shall contribute to collective defence arrangements within the systems of THE ARMED military alliance, and participate in peace-keeping or restoring missions. FORCES (2) The structure of the national defence system, the preparation of population, economy and territory for defence purposes, as well as the status of the military shall be regulated by an organic law. (3) The provisions of paragraphs (1) and (2) shall apply accordingly to the other components of the Armed Forces established by law. (4) The organisation of military or paramilitary activities outside a State authority is forbidden. (5) Foreign troops shall be allowed to enter, to be stationed, to carry out operations, or to cross the Romanian territory solely under the terms of the law or international treaties to which Romania is a party. The Supreme Council for National Defence shall provide for the organisation and unitary coordination of activities concerning Art. 119 defence of the country and national security, participation in maintaining international security and in collective defence arrangements within the systems of military alliance, as well as in peace-keeping or restoring missions. SUPREME COUNCIL FOR NATIONAL DEFENCE

34 (1) The rights defined in Arts. 35, 36, 37 para.4, Arts.38 to 42 and 44 to 46 of this Constitution may be claimed only within the Art. 51 restrictions of the laws implementing these provisions. (2) The conditions and extent of restriction of the fundamental rights and freedoms and the extent of duties in a time of war, a war state, an exceptional state or an emergency state shall be laid down by a constitutional law. The powers of the National Council of the Slovak Republic shall be particularly to: Slovak Art. 86 j) declare war in the event of an act of aggression by parties hostile to the Slovak Republic or in the event that obligations under Republic international joint defence treaties must be fulfilled, and after the end of war on concluding the peace, k) give consent for despatching the military forces outside of the territory of the Slovak Republic, if it does not concern a case (1992, l.a. 2001) stated in Art. 119, letter p), l) approve the presence of foreign military forces on the territory of the Slovak Republic. 1) The President Art. 102 k) shall be the Commander in Chief of the armed forces, l) shall declare war on the basis of a decision of the National Council of the Slovak Republic if the Slovak Republic is attacked or if it follows from obligations from international treaties and collective defence against attack, and conclude peace, m) may, upon a proposition of the Government of the Slovak Republic, order a mobilization of the military forces, declare a state of war or declare an exceptional state and their termination, (3) Conditions for declaring war, declaring a state of war, declaring an exceptional state, declaring an emergency state and the manner of exercising public authority during war, a state of war, an exceptional state, shall be laid down by a constitutional law. (4) Details of exercising the constitutional powers of the President according to para. 1 may be laid down by a law. The Government shall decide as a body: Art. 119 n) on a proposal for declaring a state of war, on proposal for ordering a mobilization of the military forces, on proposal for declaring an exceptional state and on a proposal for their termination, on declaring and on termination of a state of emergency, o) on despatching the military forces outside of the territory of the Slovak Republic for the purpose of humanitarian aid, military exercises or peace observing missions, on the consent with the presence of foreign military forces on the territory of the Slovak Republic for the purpose of humanitarian aid, military exercises or peace observer missions, on consent with the passing of the territory of the Slovak Republic by foreign military forces, p) on despatching the military forces outside of the territory of the Slovak Republic if it regards performance of obligations resulting from international treaties on joint defence against attack for a maximum period of 60 days; the Government shall announce this decision without undue delay to the National Council of the Slovak Republic.

(6) The Constitutional Court shall decide on whether a decision on declaring an exceptional state or an emergency state and Art. 129 other decisions connected to this decision were issued in conformity with the Constitution and constitutional law.

35 A state of emergency shall be declared whenever a great and general danger threatens the existence of the state. The declaration Art. 92 of war or state of emergency, urgent measures, and their repeal shall be decided upon by the National Assembly on the proposal of the Government. The National Assembly decides on the use of the defence forces. Slovenia In the event that the National Assembly is unable to convene, the President of the Republic shall decide on matters from the first and second paragraphs of this article. Such decisions must be submitted for confirmation to the National Assembly immediately (1991, l.a. 2013) upon it next convening. Art. 102 The President of the Republic represents the Republic of Slovenia and is commander-in-chief of its defence forces. The form, extent, and organisation of the defence of the inviolability and integrity of the national territory shall be regulated by Art. 124 a law adopted by the National Assembly by a two-thirds majority vote of deputies present. The conducting of defence is supervised by the National Assembly. In the provision of security the state proceeds principally from a policy of peace, and an ethic of peace and non-aggression.

36 Chapter III: Western Europe (EU member countries & Switzerland) Country Constitutional Content Provisions

(1) Austria subscribes to universal national defence. Its task is to preserve the federal territory’s outside independence as well as Art. 9a its inviolability and its unity, especially as regards the maintenance and defence of permanent neutrality. In this connection, too, the constitutional establishments and their capacity to function as well as the democratic freedoms of residents require to be [Defence, Military safeguarded and defended against acts of armed attack from outside. Service] (2) Universal national defence comprises military, intellectual, civil, and economic national defence. (3) Every male Austrian national is liable for military service Female nationals may render voluntary service in the Federal Army Austria as soldiers and have the right to terminate such service (1929, last amended 2012) (1) The Federation has powers of legislation and execution in the following matters: Art. 10 7. maintenance of public peace, order and security including the extension of primary assistance in general, but with the exception local public safety matters; the right of association and assembly; matters pertaining to personal status, including the [Federal Legislation registration of births, marriages and deaths, and change of name; aliens police and residence registration; matters pertaining to and Execution] weapons, ammunition and explosives, and the use of firearms; 14. organization and command of the federal police; settlement of the conditions pertaining to the establishment and organization of other protective forces with the exception of the municipal constabularies; settlement of the conditions pertaining to the armament of the protective forces and their right to make use of their weapons. 15. military affairs; matters pertaining to civilian service; war damage measures; care of war graves; whatever measures seem necessary by reason or in consequence of war to ensure the uniform conduct of economic affairs, in particular with regard to the population’s supply with essentials;

(1) In the following matters legislation is the business of the Federation, execution that of the provinces: Art. 11 4. road police;

37 The Federal Assembly Art. 38 The National Council and the Federal Council meet as the Federal Assembly in joint public session at the seat of the National Council for the affirmation of the Federal President as well as for the adoption of a resolution on a declaration of war.

(1) For the scrutiny of the measures for the protection of the constitutionally established institutions and their operational ca- AUT Art. 52a pacity as well as the intelligence measures for the security of the military national defense, the competent committees of the National Council each elect one Permanent Subcommittee. Each Subcommittee must include at last one member from each party which is represented in the Main Committee. (2) The Permanent Subcommittees are authorized to request from the competent Federal Ministers all relevant information and insight into the relevant documents. This does not apply to information, particularly to sources, whose disclosure would endanger national security or the safety of humans. (3) The Permanent Subcommittees may also meet outside the sessions of the National Council if the necessity arises. (4) More detailed regulations are provided by the Federal Law pertaining to the Procedure of the National Council.

(1) The supreme security authority is the Federal Minister of the Interior. Subordinate to him are the police directorates of the Art. 78a provinces followed by the district administrative authorities in their capacity as security authorities. (2) If the life, health, freedom or property of individuals are actually in danger or such danger is directly impending, security officials are, irrespective of the competence of another authority for repulse of the hazard, competent to render primary assistance till the intervention of the respective competent authority. (3) Federal laws provide to what extent municipalities authorities must take action as security authorities.

(1) Every province has a police directorate. Its head is the provincial police director. In Vienna the provincial police director of the Art. 78b police directorate of the province bears the title “President of the police of the Province”. (2) The Federal Minister of the Interior appoints the police director of the province in agreement with the Governor. (3) The Federal Minister of the Interior must inform the Governor of every nationally important instruction or such as is crucial for the maintenance of peace, order and security throughout the province which he issues to a director of the police of the province.

(1) The country’s military defence is the duty of the Federal Army. It shall be conducted on the principles of a militia system. Art. 79 (2) The Federal Army, on request for cooperation made by lawful civil authority, has furthermore: The Federal Army 1. also beyond above the sphere of the country’s military defence a) to protect the constitutionally established institutions as well as their capacity to operate and the population’s democratic freedoms, b) to maintain order and security inside the country in general; 2. to render assistance in the case of natural catastrophes and disasters of exceptional magnitude. (3) Additional tasks of the Federal Army will be prescribed by federal constitutional law.

38 (4) The Defence Law regulates which officials and authorities can lay direct claim to the co-operation of the Federal Army for the purposes mentioned in para 2 above. (5) Intervention by the military on its own initiative for the purposes mentioned in para 2 is admissible only if circumstances outside their control have put it beyond capacity of the competent officials to effect intervention by the military and irreparable AUT damage the community at large would arise from a further wait or if it concerns the repulse of an actual attack, or the elimination of active resistance directed against a section of the Federal Army.

(1) Commander-in-Chief of the Federal Army is the Federal President. Art. 80 (2) Save in so far as the Defence Law reserves disposal over the Federal Army to the Federal President, disposal over it lies with the competent Federal Minister within the limits of the authorization conferred on him by the Federal Government. (3) Supreme command over the Federal Army is exercised by the competent Federal Minister (Art. 76 para 1)

Belgians are equal before the law; they alone are eligible for civil and military service, but for the exceptions that can be created Art. 10(2) by a law for particular cases.

Art. 107 The King bestows ranks within the army. (...) Belgium Art. 114 The King grants military orders, with consideration of the rules laid down by the law. (1831, l.a. 2014) A law passed by a majority as described in Article 4, last paragraph provides for the participation by the Communities and the Art. 151 Regions, in matters falling under their responsibility, in the elaboration of the directives described in the first sub-paragraph and in planning security policy, and also for the participation of their representatives in the meetings of the College of Public Prose- cutors General, insofar as these meetings have reference to these same matters.

There are military courts when a state of war referred to in Article 167, § 1, second sub-paragraph has been stated to exist. The Art. 157 organisation of the military courts, their powers, their members’ rights and obligations as well as their members’ terms of office are determined by the law.

39 1. The King commands the armed forces; he states that there exists a state of war or that hostilities have ceased. He notifies the Art. 167 Houses with additional appropriate messages as soon as interests and security of the State permit. Cession, exchange or expansion of territory can only take place by virtue of a law. BEL Title VI Article 182 Army recruitment methods are determined by the law. The law also regulates the promotion, the rights and the duties of military On the armed personnel. forces and the Article 183 police service Military quotas are subject to an annual vote.The law that determines them is valid only for one year if it is not renewed. Article 184 (Art. The organisation and competence of the integrated police service, structured at two levels, are regulated by the law.The essential features of the status of the members of the personnel of the integrated police service, structured at two levels, are regulated by 182-186) the law. Transitional provision However, the King can decide upon and implement the essential features of the status of the members of the personnel of the integrated police service, structured at two levels, provided that this decree, with regard to these features, is confirmed by the law before 30 April 2002. Article 185 Foreign troops may only be admitted to the service of the State, or occupy or cross the territory by virtue of a law. Article 186 Military personnel can only be deprived of rank, honours and pensions in the manner described by the law.

The federal legislative power has the right to declare that there are reasons to revise such constitutional provision as it deter- Art. 195 mines. 12) Article 151, § 1, in order to provide that the Communities and the Regions are entitled to order prosecutions regarding matters falling under their responsibility through the Minister of Justice, who immediately carries out the prosecutions, and in order to permit a law passed by a majority as described in Article 4, last paragraph to provide for the participation by the Communities and the Regions, in matters falling under their responsibility, (...) and in decisions concerning the Guide Note on Full Security and the National Security Scheme;

No constitutional revision can be started or pursued during times of war or when the Houses are prevented from meeting freely Art. 196 on federal territory.

40 2. The members of the armed forces, of the police and of the gendarmerie shall not have the right to strike. A law may extend Art. 27 such prohibition to the members of the public service. (Art. 21 – the same goes for freedom of assembly)

1. The office of the President and of the Vice-President of the Republic shall be incompatible with that of a Minister or of a Rep- Art. 41(1) resentative or of a member of a Communal Chamber or of a member of any municipal council including a Mayor or of a member Cyprus of the armed or security forces of the Republic or with a public or municipal office. (1960, l.a. 2013) The executive power exercised by the President and the Vice-President of the Republic conjointly consists of the following mat- Art. 47 ters: (g) institution of compulsory military service as in Article 129 provided; (h) reduction or increase of the security forces as in Article 130 provided;

The executive power exercised by the President of the Republic consists of the following matters, that is to say: Art. 48 (d) right of final veto on decisions of the Council of Ministers concerning foreign affairs, defence or security as in Article 57 provided; (f) right of final veto on laws or decisions of the House of Representatives concerning foreign affairs, defence or security as in Article 50 provided.

The executive power exercised by the Vice-President of the Republic consists of the following matters:- Art. 49 (d) right of final veto on decisions of the Council of Ministers concerning foreign affairs, defence or security as in Article 57 provided; (f) right of final veto on laws or decisions of the House of Representatives concerning foreign affairs, defence or security as in, Article 50 provided;

41 1. The President and the Vice-President of the Republic, separately or conjointly, shall have the right of final veto on any law or Art. 50 decision of the House of Representatives or any part thereof concerning - (a) foreign affairs, except the participation of the Republic in international organisations and pacts of alliance in which the King- dom of Greece and the Republic of Turkey both participate. CYP For the purposes of this sub-paragraph “foreign affairs” includes - (iii) the declaration of war and the conclusion of peace; (b) the following questions of defence:- (i) composition and size of the armed forces and credits for them; (ii) nominations des cadres and their promotions; (iii) importation of war materials and also explosives of all kinds; (iv) cession of bases and other facilities to allied countries;

(c) the following questions of security: (i) nominations des cadres and their promotions; (ii) distribution and stationing of forces; (iii) emergency measures and martial law; (iv) police laws. It is specified that the right of veto under sub-paragraph (c) above shall cover all emergency measures or decisions, but not those which concern the normal functioning of the police and the gendarmerie.

2. The above right of veto may be exercised either against the whole of a law or decision or against any part thereof, and in the latter case such law or decision shall be returned to the House of Representatives for a decision whether the remaining part thereof will be submitted, under the relevant provisions of this Constitution, for promulgation. 3. The right of veto under this Article shall be exercised within the period for the promulgation of laws or decisions of the House of Representatives as in Article 52 provided.

Subject to the executive power expressly reserved, under Articles 47, 48 and 49, to the President and the Vice-President of the Art. 54 Republic, acting either separately or conjointly, the Council of Ministers shall exercise executive power in all other matters other than those which, under the express provisions of this Constitution, are within the competence of a Communal Chamber, including the following:- (a) the general direction and control of the government of the Republic and the direction of general policy; (b) foreign affairs as in Article 50 set out; (c) defence and security, including questions thereof as in Article 50 set out; (d) the co-ordination and supervision of all public services; ...

42 2. The office of a Minister shall be incompatible with that of a Representative or of a member of a Communal Chamber or of a Art. 59 member of any municipal council including a Mayor or of a member of the armed or security forces of the Republic or with a public or municipal office or in the case of a Turkish Minister with that of a religious functionary (din adami).

CYP The office of a Representative shall be incompatible with that of a Minister or of a member of a Communal Chamber or of a mem- Art. 70 ber of any municipal council including a Mayor or of a member of the armed or security forces of the Republic or with a public or municipal office or, in the case of a Representative elected by the Turkish Community, of a religious functionary (din adami). (...)

Article 129 Art. 1. The Republic shall have an army of two thousand men of whom sixty per centum shall be Greeks and forty per centum shall 129-132 be Turks. 2. Compulsory military service shall not be instituted except by common agreement of the President and the Vice-President of Part VIII Forces of the Republic. the Republic Article 130 1. The security forces of the Republic shall consist of the police and gendarmerie and shall have a contingent of two thousand men which may be reduced or increased by common agreement of the President and the Vice-President of the Republic. 2. The security forces of the Republic shall be composed as to seventy per centum of Greeks and as to thirty per centum of Turks: Provided that for an initial period and in order not to discharge those Turks serving in the police on the 11th February, 1959, except those serving in the auxiliary police, the percentage of Turks may be kept up to a maximum of forty per centum and consequently that of the Greeks may be reduced to sixty per centum. Article 131 1. The Heads and Deputy Heads of the army, the police and the gendarmerie of the Republic shall be appointed jointly by the President and the Vice-President of the Republic. 2. One of the Heads of the army, the police and the gendarmerie shall be a Turk and where the Head of the army, the police and the gendarmerie belongs to one Community the Deputy Head shall belong to the other Community. Article 132 Forces which are stationed in parts of the territory of the Republic inhabited in a proportion approaching one hundred per centum only by members of one Community shall belong to that Community.

43 (2) Except for purposes of defence against an armed attack upon the Realm or Danish forces, the King shall not use military force Art.19 against any foreign state without the consent of the Folketing. Any measure which the King may take in pursuance of this provision shall forthwith be submitted to the Folketing. If the Folketing is not in session it shall be convened immediately.

Denmark Statutory provision shall be made for the appointment by the Folketing of one or two persons, who shall not be Members of the Art. 55 Folketing, to supervise the civil and military administration of the State. (1953) In the event of riots, the armed forces may only take action, if they are attacked, after the crowd has been called upon three times Art. 80 to disperse in the name of the King and the law and such a warning has gone unheeded.

(...) The President makes decisions on matters relating to military orders in conjunction with a Minister, as provided for in more Art. 58 detail by an Act. The President makes decisions on military appointments and matters pertaining to the Office of the President of the Republic as provided by an Act. Decisions on Finland’s participation in military crisis management are made as specifically provided by an Act.

Finland The President of the Republic is the commander-in-chief of the defence forces. On the proposal of the Government in Art. 128 situations of emergency, the President may relinquish this task to another Finnish citizen. The President appoints the officers of (1999, l.a. 2011) the defence forces.

On the proposal of the Government, the President of the Republic decides on the mobilisation of the defence forces. Art. 129 If the Parliament is not in session at that moment, it shall be convened at once.

44 (2) He [The President of the Republic] shall make appointments to the civil and military posts of the State. Art. 13 (3) ... highest-ranking Military Officers, ... shall be appointed in the Council of Ministers. The President of the Republic shall be Commander-in-Chief of the Armed Forces. He shall preside over the higher national de- Art. 15 fence councils and committees. The Government shall determine and conduct the policy of the Nation. France Art. 20 It shall have at its disposal the civil service and the armed forces. (1958, l.a. 2008) It shall be accountable to Parliament in accordance with the terms and procedures set out in articles 49 and 50. The Prime Minister shall direct the actions of the Government. He shall be responsible for national defence. He shall ensure the Art. 21 implementation of legislation. Subject to article 13, he shall have power to make regulations and shall make appointments to civil and military posts. He may delegate certain of his powers to Ministers. Statutes shall also lay down the basic principles of: Art. 34(3) - the general organisation of national defence (...)

A declaration of war shall be authorized by Parliament. Art. 35 The Government shall inform Parliament of its decision to have the armed forces intervene abroad, at the latest three days after the beginning of said intervention. It shall detail the objectives of the said intervention. This information may give rise to a debate, which shall not be followed by a vote. Where the said intervention shall exceed four months, the Government shall submit the extension to Parliament for authorization. It may ask the National Assembly to make the final decision. If Parliament is not sitting at the end of the four-month period, it shall express its decision at the opening of the following session.

A state of siege shall be decreed in the Council of Ministers. Art. 36 The extension thereof after a period of twelve days may be authorized solely by Parliament.

45 (1) The Bundestag shall appoint a Committee on Foreign Affairs and a Defence Committee. Art. 45a (2) The Defence Committee shall also have the powers of a committee of inquiry. On the motion of one quarter of its members it [Committees on shall have the duty to make a specific matter the subject of inquiry. Foreign Affairs and (3) Paragraph (1) of Article 44 shall not apply to defence matters. Defence]

Germany A Parliamentary Commissioner for the Armed Forces shall be appointed to safeguard basic rights and to assist the Art. 45b Bundestag in exercising parliamentary oversight over the Armed Forces. Details shall be regulated by a federal law. (1949, l.a 2017) [Parliamentary Commissioner for the Armed Forces]

(1) The Bundestag shall appoint a panel to scrutinise the intelligence activities of the Federation. Art. 45d (2) Details shall be regulated by a federal law. [Parliamentary Control Panel] Art. 65a Command of the Armed Forces shall be vested in the Federal Minister of Defence. [Command of the Armed Forces]

(1) The Federation shall have exclusive legislative power with respect to: Art. 73 1. foreign affairs and defence, including protection of the civilian population; [Matters under exclu- 9a. protection by the Federal Criminal Police Office against the dangers of international terrorism when a threat transcends the sive legislative power boundary of one Land, when the jurisdiction of a Land’s police authorities cannot be perceived, or when the highest authority of of the Federation] an individual Land requests the assumption of federal responsibility; 10. cooperation between the Federation and the Länder concerning (a) criminal police work, (b) protection of the free democratic basic order, existence and security of the Federation or of a Land (protection of the consti- State of defense is tution), and thoroughly regulat- (c) protection against activities within the federal territory which, by the use of force or preparations for the use of force, endan- ed in Title Xa (art. ger the external interests of the Federal Republic of Germany, 115a-115l), but has been omitted here as well as the establishment of a Federal Criminal Police Office and international action to combat crime; due to its lentgh .

46 ... A federal law may establish Federal Border Police authorities and central offices for police information and communications, Art. 87(1) for the criminal police, and for the compilation of data for purposes of protection of the constitution and of protection against activities within the federal territory which, through the use of force or acts preparatory to the use of force, endanger the external interests of the Federal Republic of Germany. DEU (1) The Federation shall establish Armed Forces for purposes of defence. Their numerical strength and general organisational Art. 87a structure must be shown in the budget. (2) Apart from defence, the Armed Forces may be employed only to the extent expressly permitted by this Basic Law. [Armed Forces] (3) During a state of defence or a state of tension the Armed Forces shall have the power to protect civilian property and to perform traffic control functions to the extent necessary to accomplish their defence mission. Moreover, during a state of defence or a state of tension, the Armed Forces may also be authorised to support police measures for the protection of civilian property; in this event the Armed Forces shall cooperate with the competent authorities. (4) In order to avert an imminent danger to the existence or free democratic basic order of the Federation or of a Land, the Fed- eral Government, if the conditions referred to in paragraph (2) of Article 91 obtain and the police forces and the Federal Border Police prove inadequate, may employ the Armed Forces to support the police and the Federal Border Police in protecting civilian property and in combating organised armed insurgents. Any such employment of the Armed Forces shall be discontinued if the Bundestag or the Bundesrat so demands.

(1) The Federal Defence Administration shall be conducted as a federal administrative authority with its own administrative Art. 87b(1) substructure. It shall have jurisdiction for personnel matters and direct responsibility for satisfaction of the procurement needs of the Armed Forces. Responsibilities connected with pensions for injured persons or with construction work may be assigned [Federal Defence to the Federal Defence Administration only by a federal law requiring the consent of the Bundesrat. Such consent shall also be Administration] required for any laws to the extent that they empower the Federal Defence Administration to interfere with rights of third parties; this requirement, however, shall not apply in the case of laws regarding personnel matters.

(2) The Federation may establish federal military criminal courts for the Armed Forces. These courts may exercise criminal juris- Art. 96 diction only during a state of defence or over members of the Armed Forces serving abroad or on board warships. Details shall [Other federal courts] be regulated by a federal law. These courts shall be under the aegis of the Federal Minister of Justice. Their full-time judges shall be persons qualified to hold judicial office. (5) With the consent of the Bundesrat, a federal law may provide that courts of the Länder shall exercise federal jurisdiction over criminal proceedings in the following matters: 1. genocide; 2. crimes against humanity under international criminal law; 3. war crimes; 4. other acts tending to and undertaken with the intent to disturb the peaceful relations between nations 5. state security.

47 (1) Any determination that the federal territory is under attack by armed force or imminently threatened with such an attack 115a (state of defence) shall be made by the Bundestag with the consent of the Bundesrat. Such determination shall be made on application of the Federal Government and shall require a two-thirds majority of the votes cast, which shall include at least a [Declaration of state majority of the Members of the Bundestag. of defence] (2) If the situation imperatively calls for immediate action, and if insurmountable obstacles prevent the timely convening of the DEU Bundestag or the Bundestag cannot muster a quorum, the Joint Committee shall make this determination by a two-thirds majority of the votes cast, which shall include at least a majority of its members. (3) The determination shall be promulgated by the Federal President in the Federal Law Gazette pursuant to Article 82. If this cannot be done in time, promulgation shall be effected in another manner; the determination shall be printed in the Federal Law Gazette as soon as circumstances permit. (4) If the federal territory is under attack by armed force, and if the competent federal authorities are not in a position at once to make the determination provided for in the first sentence of paragraph (1) of this Article, the determination shall be deemed to have been made and promulgated at the time the attack began. The Federal President shall announce that time as soon as circumstances permit. (5) If the determination of a state of defence has been promulgated, and if the federal territory is under attack by armed force, the Federal President, with the consent of the Bundestag, may issue declarations under international law regarding the existence of the state of defence. Under the conditions specified in paragraph (2) of this Article, the Joint Committee shall act in place of the Bundestag. Upon the promulgation of a state of defence the power of command over the Armed Forces shall pass to the Federal 115b Chancellor. [Power of command of the Federal Chancellor]

(1) During a state of defence the Federal Government, to the extent circumstances require, may: 115f 1. employ the Federal Border Police throughout the federal territory; [Use of Federal 2. issue instructions not only to federal administrative authorities but also to Land governments and, if it deems the matter ur- Border Police – gent, to Land authorities, and may delegate this power to members of Land governments designated by it. Extended powers of instruction] (2) The Bundestag, the Bundesrat and the Joint Committee shall be informed without delay of the measures taken in accordance with paragraph (1) of this Article.

48 3. Manifestations of any nature whatsoever in favour of or against a political party by magistrates and by those serving in the Art. 29 armed forces and the security corps, are absolutely prohibited. The President of the Republic is the commander in chief of the Nation’s Armed Forces, the command of which shall be exercised Art. 45 by the Government, as specified by law. The President shall also confer ranks on those serving therein, as specified by law. 1. In case of war or mobilization owing to external dangers or an imminent threat against national security, as well as in case of Greece Art. 48 an armed coup aiming to overthrow the democratic regime, the Parliament, issuing a resolution upon a proposal of the Cabinet, puts into effect throughout the State, or in parts thereof the statute on the state of siege, establishes extraordinary courts and (1975, l.a. 2008) suspends the force of the provisions of articles 5 paragraph 4, 6, 8, 9, 11, 12 paragraphs 1 to 4 included, 14, 19, 22 paragraph 3, 23, 96 paragraph 4, and 97, in whole or in part. The President of the Republic publishes the resolution of Parliament. The resolution of Parliament determines the duration of the effect of the imposed measures, which cannot exceed fifteen days. 2. If the Parliament is absent or if it is objectively impossible that it be convoked in time, the measures mentioned in the preceding paragraph are taken by presidential decree issued on the proposal of the Cabinet. The Cabinet shall submit the decree to Parliament for approval as soon as its convocation is rendered possible, even when its term has ended or it has been dissolved, and in any case no later than fifteen days. 3. The duration of the measures mentioned in the preceding paragraphs may be extended every fifteen days, only upon resolution passed by the Parliament which must be convoked regardless of whether its term has ended or whether it has been dissolved. 4. The measures specified in the preceding paragraphs are lifted ipso jure with the expiration of the time-limits specified in paragraphs 1, 2 and 3, provided that they are not extended by a resolution of Parliament, and in any case with the termination of war if this was the reason of their imposition. 5. From the time that the measures referred to in the previous paragraphs come into effect, the President of the Republic may, following a proposal of the Cabinet, issue acts of legislative content to meet emergencies, or to restore as soon as possible the functioning of the constitutional institutions. Those acts shall be submitted to Parliament for ratification within fifteen days of their issuance or of the convocation of Parliament in session. Should they not be submitted to Parliament within the above- mentioned time-limit, or not be approved by it within fifteen days of their submission, they cease henceforth to be in force. The statute on the state of siege may not be amended during its enforcement. 6. The resolutions of Parliament referred to in paragraphs 2 and 3 shall be adopted by a majority of the total number of members, and the resolution mentioned in paragraph 1 by a three-fifths majority of the total number of members. Parliament must decide these matters in only one sitting. 7. Throughout the duration of the application of the measures of the state of emergency taken in accordance with the present article, the provisions of articles 61 and 62 of the Constitution shall apply ipso jure regardless of whether Parliament has been dissolved or its term has ended.

49 2. Parliament shall set up investigation committees from among its members by a resolution supported by two-fifths of the total Art. 68 number of members, on the proposal of one-fifth of the total number of members. A parliamentary resolution adopted by an absolute majority of the total number of members shall be required in order to set up investigation committees on matters related to foreign policy and national defence. GRC Details pertaining to the composition and operation of such committees shall be provided by the Standing Orders. 3. Parliamentary and investigation committees, (...) shall be established in proportion to the strength of parties, groups and inde- pendents, as specified by the Standing Orders. 4. However, an amendment or addition introduced by a party leader or a spokesman of a parliamentary group as specified in ar- Art. 73 ticle 74 paragraph 3 shall be acceptable in the case of Bills concerning the organization of public services and agencies of public interest, the status of civil servants in general, military and security corps officers, employees of local government agencies or other public law legal persons and public enterprises in general.

4 The supreme command of the Defence Forces is hereby vested in the President. Art. 13 5 1° The exercise of the supreme command of the Defence Forces shall be regulated by law. 2° All commissioned officers of the Defence Forces shall hold their commissions from the President.

1° The right to raise and maintain military or armed forces is vested exclusively in the Oireachtas [Parliament]. Ireland Art. 15(6) 2° No military or armed force, other than a military or armed force raised and maintained by the Oireachtas, shall be raised or maintained for any purpose whatsoever. (1937, l.a. 2013) If and whenever on the passage by Dáil Éireann [Lower House of the Parliament] of any Bill, other than a Bill expressed to be a Art. 24(1) Bill containing a proposal to amend the Constitution, the Taoiseach certifies by messages in writing addressed to the President and to the Chairman of each House of the Oireachtas that, in the opinion of the Government, the Bill is urgent and immediately necessary for the preservation of the public peace and security, or by reason of the existence of a public emergency, whether domestic or international, the time for the consideration of such Bill by Seanad Éireann [Upper House of the Parliament] shall, if Dáil Éireann so resolves and if the President, after consultation with the Council of State, concurs, be abridged to such period as shall be specified in the resolution.

50 1° War shall not be declared and the State shall not participate in any war save with the assent of Dáil Éireann. Art. 28(3) 2° In the case of actual invasion, however, the Government may take whatever steps they may consider necessary for the protection of the State, and Dáil Éireann if not sitting shall be summoned to meet at the earliest practicable date. 3° Nothing in this Constitution other than Article 15.5.2° [prohibition of death penalty] shall be invoked to invalidate any law IRL enacted by the Oireachtas which is expressed to be for the purpose of securing the public safety and the preservation of the State in time of war or armed rebellion, or to nullify any act done or purporting to be done in time of war or armed rebellion in pursuance of any such law. In this subsection “time of war” includes a time when there is taking place an armed conflict in which the State is not a participant but in respect of which each of the Houses of the Oireach- tas shall have resolved that, arising out of such armed conflict, a national emergency exists affecting the vital interests of the State and “time of war or armed rebellion” includes such time after the termination of any war, or of any such armed conflict as aforesaid, or of an armed rebellion, as may elapse until each of the Houses of the Oireachtas shall have resolved that the national emergency occasioned by such war, armed conflict, or armed rebellion has ceased to exist.

7° The State may exercise the options or discretions— Art. 29 i to which Article 20 of the Treaty on European Union relating to enhanced cooperation applies, ii under Protocol No. 19 on the Schengen acquis integrated into the framework of the European Union annexed to that treaty and to the Treaty on the Functioning of the European Union (formerly known as the Treaty establishing the European Community), and iii under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, so annexed, including the option that the said Protocol No. 21 shall, in whole or in part, cease to apply to the State, but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas. 9° The State shall not adopt a decision taken by the European Council to establish a common defence pursuant to Article 42 of the Treaty on European Union where that common defence would include the State.

1° Military tribunals may be established for the trial of offences against military law alleged to have been committed by persons Art. 38(4) while subject to military law and also to deal with a state of war or armed rebellion. 2° A member of the Defence Forces not on active service shall not be tried by any courtmartial or other military tribunal for an offence cognisable by the civil courts unless such offence is within the jurisdiction of any courtmartial or other military tribunal under any law for the enforcement of military discipline. Treason shall consist only in levying war against the State, or assisting any State or person or inciting or conspiring with any per- Art. 39 son to levy war against the State, or attempting by force of arms or other violent means to overthrow the organs of government established by this Constitution, or taking part or being concerned in or inciting or conspiring with any person to make or to take part or be concerned in any such attempt. 1° No citizen shall be deprived of his personal liberty save in accordance with law. Art. 40(4) 5° Nothing in this section, however, shall be invoked to prohibit, control, or interfere with any act of the Defence Forces during the existence of a state of war or armed rebellion.

51 The organisation of the armed forces shall be based on the democratic spirit of the Republic. Art. 52(3) Art. 78 Parliament has the authority to declare a state of war and vest the necessary powers into the Government. Italy Art. 84 The office of President of the Republic is incompatible with any other office (...) (1947, l.a. 2012) The President is the commander-in-chief of the armed forces, shall preside over the Supreme Council of Defence established by Art. 87 law, and shall make declarations of war as have been agreed by Parliament. (...) The State has exclusive legislative powers in the following matters: Art. 117 d) defence and armed forces; State security; armaments, ammunition and explosives; h) public order and security, with the exception of local administrative police; q) customs, protection of national borders and international prophylaxis;

(3) Malta is a neutral state actively pursuing peace, security and social progress among all nations by adhering to a policy of Art. 1 non-alignment and refusing to participate in any military alliance. Such a status will, in particular, imply that: (a) no foreign military base will be permitted on Maltese territory; (b) no military facilities in Malta will be allowed to be used by any foreign forces except at the request of the Government of Malta, and only in the following cases: Malta (i) in the exercise of the inherent right of selfdefence in the event of any armed violation of the area over which the Republic of Malta has sovereignty, or in pursuance of measures or actions decided by the Security Council of the United Nations; or (1964, l.a. 2014) (ii) whenever there exists a threat to the sovereignty, independence, neutrality, unity or territorial integrity of the Republic of Malta; (c) except as aforesaid, no other facilities in Malta will be allowed to be used in such manner or extent as will amount to the presence in Malta of a concentration of foreign forces; (d) except as aforesaid, no foreign military personnel will be allowed on Maltese territory, other than military personnel performing, or assisting in the performance of, civil works or activities, and other than a reasonable number of military technical personnel assisting in the defence of the Republic of Malta;

52 (e) the shipyards of the Republic of Malta will be used for civil commercial purposes, but may also be used, within reasonable limits of time and quantity, for the repair of military vessels which have been put in a state of non-combat or for the construction of vessels; and in accordance with the principles of non-alignment the said shipyards will be denied to the military vessels of the MLT two superpowers. (...) “disciplined force” means - Art. 47 (a) a naval, military or air force of the Government of Malta; (b) the Malta Police Force; (c) any other police force established by law in Malta; (d) the Malta prison service; “member”, in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline. (2) In this Chapter “period of public emergency” means any period during which - (a) Malta is engaged in any war; or (b) there is in force a proclamation by the President declaring that a state of public emergency exists; or (c) there is in force a resolution of the House of Representatives supported by the votes of not less than two-thirds of all the Members of the House declaring that democratic institutions in Malta are threatened by subversion. (3) (a) Where any proclamation of emergency has been made, the occasion therefor shall forthwith be communicated to the House of Representatives and, if the House is then separated by such adjournment or prorogation as will not expire within ten days the President shall by proclamation summon it to meet within five days and it shall accordingly meet and sit upon the day appointed by the proclamation and shall continue to sit and act as if it had stood adjourned or prorogued to that day. (b) A proclamation of emergency shall, unless it is sooner revoked by the President, cease to be in force at the expiration of a period of fourteen days beginning on the date on which it was made or such longer period as may be provided under the next following paragraph, but without prejudice to the making of another proclamation of emergency at or before the end of that period. (c) If at any time while a proclamation of emergency is in force (including any time while it is in force by virtue of this paragraph) a resolution is passed by the House of Representatives approving its continuance in force for a further period, not exceeding three months, beginning on the date on which it would otherwise expire, the proclamation shall, if not sooner revoked, continue in force for that further period. (4) A resolution such as is referred to in paragraph (c) of subarticle (2) of this article shall, unless it is sooner revoked by the House of Representatives, cease to be in force at the expiration of twelve months beginning on the date on which it was passed or such shorter period as may be specified therein, but without prejudice to the passing of another resolution by the House of Represen- tatives in the manner prescribed by that paragraph at or before the end of that period. (5) In relation to any person who is a member of a disciplined force raised under any law in force in Malta, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter other than articles 33, 35 and 36.

53 (6) In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in Malta, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter.

MLT (4) If between a dissolution of Parliament and the next ensuing general election of members of the House of Representatives Art. 76 an emergency arises of such a nature that, in the opinion of the Prime Minister it is necessary to recall Parliament, the President may by proclamation summon the Parliament that has been dissolved to meet, and that Parliament shall thereupon be deemed (except for the purpose of article 77 and, in relation to the next ensuing general election, article 61(3) and 66(6) of this Consti- tution) not to have been dissolved but shall be deemed (except as aforesaid) to be dissolved on the date on which the polls are concluded in the next ensuing general election.

1. A declaration that the Kingdom is in a state of war shall not be made without the prior approval of the States General. Art. 96 2. Such approval shall not be required in cases where consultation with Parliament proves to be impossible as a consequence of the actual existence of a state of war. 3. The two Houses of the States General shall consider and decide upon the matter in joint session. 4. The provisions of the first and third paragraphs shall apply mutatis mutandis to a declaration that a state of war has ceased. Nether- 1. There shall be armed forces for the defence and protection of the interests of the Kingdom, and in order to maintain and pro- lands Art. 97 mote the international legal order. 2. The Government shall have supreme authority over the armed forces. (1814, l.a. 2008) 1. The Government shall inform the States General in advance if the armed forces are to be deployed or made available to main- Art. 100 tain or promote the international legal order. This shall include the provision of humanitarian aid in the event of armed conflict. 2. The provisions of paragraph 1 shall not apply if compelling reasons exist to prevent the provision of information in advance. In this event, information shall be supplied as soon as possible. 1. The cases in which a state of emergency, as defined by Act of Parliament, may be declared by Royal Decree in order to maintain Art. 103 internal or external security shall be specified by Act of Parliament. The consequences of such a declaration shall be governed by Act of Parliament.

54 2. Such a declaration may depart from the provisions of the Constitution relating to the powers of the executive bodies of the provinces, municipalities and water boards (waterschappen), the basic rights laid down in Article 6, insofar as the exercise of the right contained in this Article other than in buildings and enclosed places is concerned, Articles 7, 8, 9 and 12 paragraphs 2 and 3, Article 13 and Article 113 paragraphs 1 and 3. NLD 3. Immediately after the declaration of a state of emergency and whenever it considers it necessary, until such time as the state of emergency is terminated by Royal Decree, the States General shall decide the duration of the state of emergency. The two Houses of the States General shall consider and decide upon the matter in joint session.

1. Entities that exercise sovereignty may not jointly or separately suspend the exercise of the rights, freedoms and guarantees, Art. 19 save in the case of a state of siege or a state of emergency declared in the form provided for in the Constitution. 2. A state of siege or a state of emergency may only be declared in part or all of Portuguese territory in cases of actual or immi- (Suspension of the nent aggression by foreign forces, a serious threat to or disturbance of democratic constitutional order, or public disaster. exercise of rights) 3. A state of emergency is declared when the preconditions referred to in the previous paragraph are less serious, and may only Portugal cause the suspension of the some of the rights, freedoms and guarantees that are capable of being suspended. 4. Both the choice between a state of siege and a state of emergency and the declaration and implementation thereof must (1976, l.a. 2005) respect the principle of proportionality and limit themselves, particularly as regards their extent and duration and the means employed, to that which is strictly necessary for the prompt restoration of constitutional normality. 5. Declarations of a state of siege or a state of emergency shall set out adequate grounds therefore and specify the rights, freedoms and guarantees whose exercise is to be suspended. Without prejudice to the possibility of renewals subject to the same limits, neither state may last for more than fifteen days, or, when it results from a declaration of war, for more than the duration laid down by law. 6. In no case may a declaration of a state of siege or a state of emergency affect the rights to life, personal integrity, personal iden- tity, civil capacity and citizenship, the non-retroactivity of the criminal law, accused persons’ right to a defence, or the freedom of conscience and religion. 7. Declarations of a state of siege or a state of emergency may only alter constitutional normality in accordance with the provisions of the Constitution and the law. In particular, they may not affect the application of the constitutional rules concerning the competences and modus operandi of the entities that exercise sovereignty or of the self-government organs of the autonomous regions, or the rights and immunities of the respective officeholders. 8. Declarations of a state of siege or a state of emergency grant the public authorities the competence to take the steps that are necessary and appropriate for the prompt restoration of constitutional normality.

55 The President of the Republic represents the Portuguese Republic, guarantees national independence, the unity of the state and Art. 120 the proper operation of the democratic institutions, and is ex officio Commander-inChief of the Armed Forces. Art. 133 In relation to other entities and organs the President of the Republic has the competences: PRT o) To chair the Supreme National Defence Council; p) Upon a proposal from the Government, to appoint the Chief of the General Staff of the Armed Forces and discharge him from office; and, upon a proposal from the Government and after consulting the Chief of the General Staff of the Armed Forces, to appoint the Deputy Chief of the General Staff of the Armed Forces if any, and the Chiefs of Staff of the three armed services, and discharge them from office. In the practice of personal acts the President of the Republic has the competences: Art. 134 a a) To exercise the functions of Commander-in-Chief of the Armed Forces; d) To declare a state of siege or a state of emergency, in compliance with the provisions of Articles 19 and 138; e) To pronounce on all emergencies that are of serious consequence to the life of the Republic;

1. Declaration of a state of siege or a state of emergency requires prior consultation of the Government and authorisation by the Art. 138 Assembly of the Republic, or, if the Assembly is not sitting and it is not possible to arrange for it to sit immediately, by its Standing Committee. (Declaration of a 2. When a declaration of a state of siege or a state of emergency is authorised by the Assembly of the Republic’s Standing Com- state of siege or of a mittee, that declaration will then have to be confirmed by the Plenary as soon as it is possible to arrange for it to sit. state of emergency)

The Assembly of the Republic has the competences: Art. 161 l) To authorise and confirm declarations of a state of siege or a state of emergency; m) To authorise the President of the Republic to declare war or to make peace; [Competences of the Assembly of the Republic in relation to other entities and organs] As laid down by law, to supervise the Art. 163 i involvement of military contingents and security forces abroad.

The Assembly of the Republic has exclusive competence to legislate on the following matters: Art. 164 d) The organisation of national defence, the definition of the duties derived therefrom and the general bases of the organisation, modus operandi, re-equipping and discipline of the Armed Forces; e) The regimes governing states of siege and states of emergency; o) Restrictions on the exercise of rights by full-time military personnel and militarised agents on active service and by agents of the security services and forces; q) The regime governing the Republic’s intelligence system and state secrets; u) The regime governing the security forces;

56 1. In the exercise of its political functions the Government has the competences: Art. 197 f) To pronounce on declarations of a state of siege or a state of emergency; g) To propose to the President of the Republic that he declare war or make peace; In the exercise of its political functions the Government has the competences: PRT Art. 199 d) To direct the state’s departments and services and all the activities under its direct administration, civil and military, to super- intend the indirect administration, and to exercise oversight over the latter and over the autonomous administration; f. To defend the democratic rule of law; Strictly to the extent required by the specific demands of the respective functions, the law may establish restrictions on the Art. 270 exercise of the rights of expression, meeting, demonstration, association and collective petition by full-time military personnel and militarised agents on active service and agents of the security services and forces, and on their legal capacity to stand for Restrictions on the election. In the case of the security forces, even when their right to form trade unions is recognised, the law may preclude the exercise of rights right to strike. 1. The functions of the police are to defend democratic legality and guarantee internal security and citizens’ rights. Art. 272 2. Policing measures shall be those laid down by law and must not be used beyond that which is strictly necessary. Police 3. Crime prevention, including that of crimes against state security, may only be undertaken in compliance with the general rules governing policing and with respect for citizens’ rights, freedoms and guarantees. 4. The law shall lay down the regime governing the security forces and each such force shall have a sole organisational structure for the whole of Portuguese territory. TITLE X Art. 273 (National defence) 1. The state is under an obligation to ensure national defence. National Defence 2. The objectives of national defence are to guarantee national independence, territorial integrity and the freedom and security of the population from any external aggression or threat, while respecting the constitutional order, the democratic institutions (Art. and international conventions. Art. 274 (Supreme National Defence Council) 273-276) 1. The Supreme National Defence Council is chaired by the President of the Republic and shall be composed as laid down by law, to include members elected by the Assembly of the Republic. 2. The Supreme National Defence Council is the specific consultative organ for matters concerning national defence and the organisation, modus operandi and discipline of the Armed Forces, and may dispose of the administrative competences that are allocated to it by law. Art. 275 (Armed Forces) 1. The Armed Forces are charged with the military defence of the Republic. 2. The Armed Forces shall be composed exclusively of Portuguese citizens and shall have a single organisational structure for the whole of Portuguese territory.

57 3. The Armed Forces shall obey the competent entities that exercise sovereignty, in accordance with the Constitution and the law. 4. The Armed Forces serve the Portuguese people and shall be rigorously non-partisan. Their personnel may not take advantage of their weapons, their positions or their functions to intervene politically in any way. 5. The Armed Forces are charged, as laid down by law, with fulfilling the Portuguese state’s international commitments in the mil- PRT itary field and taking part in humanitarian and peace missions undertaken by the international organisations to which Portugal belongs. 6. The Armed Forces may be charged, as laid down by law, with cooperating in civil defence missions, tasks concerning the fulfilment of basic needs and the improvement of people’s quality of life, and technical and military cooperation actions within the ambit of the national cooperation policy. 7. The laws that regulate the state of siege and the state of emergency shall lay down the terms and conditions governing the use of the Armed Forces when such situations arise. Art. 276 (Defence of the nation, military service and civic service) 1. Every Portuguese has the right and fundamental duty to defend the nation. 2. Military service shall be regulated by law, which shall lay down the forms, voluntary or compulsory nature, duration and content of the performance thereof. 3. Citizens who by law are subject to the performance of military service and are considered unfit for armed military service shall perform the unarmed military service or civic service that is appropriate to their situation. 4. Conscientious objectors to the military service to which they are subject by law shall perform civic service with the same duration and degree of arduousness as those of armed military service. 5. Civic service may be established as a substitute for or complement to military service and made legally compulsory for citizens who are not subject to military duties. 6. No citizen may retain or obtain employment with the state or any other public entity if he fails or ceases to perform his military or civic service duties when they are compulsory. 7. No citizen may be prejudiced in relation to his assignment, social benefits or permanent employment as the result of his performance of military service or compulsory civic service.

58 1. The mission of the Armed Forces, comprising the Army, the Navy and the Air Force, is to guarantee the sovereignty and inde- Art. 8 pendence of Spain and to defend its territorial integrity and the constitutional order. 2. The basic structure of military organization shall be regulated by an Organic Act in accordance with the principles of the present Constitution. It is incumbent upon the King: (...) Spain Art. 62 f. To issue the decrees approved in the Council of Ministers, to confer civil and military positions and award honours and distinc- tions in conformity with the law. (1978, l.a. 2011) g. To be informed of the affairs of State and, for this purpose, to preside over the meetings of the Council of Ministers whenever, he sees fit, at the President of the Government’s request. h. To exercise supreme command of the Armed Forces. Art. 63 3. It is incumbent upon the King, following authorization by the Cortes Generales, to declare war and to make peace. 1. The King’s acts shall be countersigned by the President of the Government and, when appropriate, by the competent minis- Art. 64 ters. The nomination and appointment of the President of the Government and the dissolution provided for under section 99, shall be countersigned by the Speaker of the Congress. 2. The persons countersigning the King’s acts shall be liable for them. 1. The Security Forces and Corps serving under the Government shall have the duty to protect the free exercise of rights and Art. 104 freedoms and to guarantee the safety of citizens. 2. An organic act shall specify the duties, basic principles of action and statutes of the Security Forces and Corps. 1. An organic act shall make provision for the states of alarm, emergency and siege (martial law) and the powers and restrictions Art. 116 attached to each of them. 2. A state of alarm shall be proclaimed by the Government, by means of a decree agreed in Council of Ministers, for a maximum period of fifteen days. The Congress shall be informed and must meet immediately, and without its authorization the said period may not be extended. The decree shall specify the territory to which the effects of the proclamation apply. 3. A state of emergency shall be proclaimed by the Government by decree agreed in Council of Ministers, after prior authorization by the Congress. The authorization for and proclamation of a state of emergency must Specifically state the effects thereof, the territory to which it is to apply and its duration, which may not exceed thirty days, subject to extension for a further thirty-day period, with the same requirements. 4. A state of siege (martial law) shall be proclaimed by overall majority of Congress solely on the Government’s proposal. Con- gress shall determine its territorial extension, duration and terms.

59 5. The Congress may not be dissolved while any of the states referred to in the present section remains in force, and if the Houses are not in session, they shall be automatically convened. Their functioning, as well as that of the other constitutional State authorities, may not be interrupted while any of these states is in force. If, in the event that the Congress has been dissolved or its term has expired, a situation giving rise to any of these states should occur, the powers of the Congress shall be assumed by its ESP Permanent Deputation. 6. Proclamation of states of alarm, emergency and siege shall not affect the principle of liability of the Government or its agents as recognized in the Constitution and the laws.

Chapter 7(3) Government business is settled by the Government at Government meetings. Government business relating to the implementation within the armed forces of statutes or special Government decisions may however be approved by the head of the ministry Instrument of responsible for such matters, under the supervision of the Prime Minister and to the extent laid down in law. Government

Chapter 15 of the Summoning the Riksdag Sweden Instrument of Art. 1. If the Realm finds itself at war or is exposed to the danger of war, the Government or the Speaker shall convene a meeting Government1 of the Riksdag. Whoever issues the notice convening the meeting may decide that the Riksdag shall convene at some place other than Stockholm. War and Danger War Delegation of War Art. 2. If the Realm is at war or exposed to the danger of war, a War Delegation appointed from among the members of the Riks- dag shall replace the Riksdag if circumstances so warrant. If the Realm is at war, the decision instructing the War Delegation to replace the Riksdag shall be announced by the members of the Advisory Council on Foreign Affairs in accordance with more detailed rules laid down in the Riksdag Act. If possible, the Prime Minister shall be consulted before the decision is announced. If war conditions prevent the Council from convening, the decision is announced by the Government. If the Realm is exposed to the danger of war, the aforementioned decision is announced by the members of the Advisory Council on Foreign Affairs and the Prime Minister acting jointly. Such a decision requires the vote of the Prime Minister and six members of the Council for it to be valid. The War Delegation and the Government may decide, either jointly or separately, that the Riksdag shall resume its powers. The decision shall be taken as soon as circumstances so warrant.

1) Instrument of Government (1974, last amended in 2014) is one of the four Fundamental Laws that make the Constitution of Sweden. The other acts are: Freedom of the Press Act, Fundamental Law on Freedom of Expression i Act of Succession. The Act on parliament also contains several provisions of constitutional nature. 60 Rules concerning the composition of the War Delegation are laid down in the Riksdag Act. Art. 3. While the War Delegation is acting in place of the Riksdag, it exercises the powers of the Riksdag. It may not however take decisions under Article 11, paragraph one, sentence one, or paragraph two or four. The War Delegation determines its own working procedures. SWE Forming a Government and determining its working procedures Art. 4. If the Realm is at war, and if, as a consequence of this, the Government is unable to carry out its duties, the Riksdag may decide on the formation of a Government and determine its working procedures. Powers of the Government Art. 5. If the Realm is at war, and if, as a consequence of this, neither the Riksdag nor the War Delegation is able to carry out its duties, the Government shall assume its powers to the extent necessary to protect the Realm and bring hostilities to a close. Paragraph one does not empower the Government to enact, amend, or abrogate a fundamental law, the Riksdag Act, or a law on elections to the Riksdag. Art. 6. If the Realm is at war or exposed to the danger of war, or if such exceptional conditions prevail as result from war, or the danger of war to which the Realm has been exposed, the Government may, with authority in law, adopt by means of an ordinance provisions in a particular matter which shall otherwise, under provisions of fundamental law, be laid down in an act of law. If necessary in any other case having regard to defence preparedness, the Government may, with authority in law, determine by means of an ordinance that any provisions laid down in law which relate to requisition or other such disposition shall be brought into force or cease to apply. In an act of law granting such authority, the conditions under which this authority may be invoked shall be strictly stipulated. Such authority shall not empower the Government to enact, amend, or abrogate a fundamental law, the Riksdag Act or a law on elections to the Riksdag. Limitations of rights and freedoms Art. 7. If the Realm is at war or exposed to the immediate danger of war, the provisions of Chapter 2, Article 22, paragraph one, shall not apply. The same is true in any other circumstances in which the War Delegation is acting in place of the Riksdag. Powers of public authorities other than the Riksdag Art. 8. If the Realm is at war or exposed to the immediate danger of war, the Government may, with authority from the Riksdag, determine that a task that is to be performed by the Government in accordance with fundamental law shall instead be performed by some other public authority. Such authority may not extend to any powers under Article 5 or 6, unless the matter relates solely to a decision that a law concerning a particular matter shall come into force. Decision-making under occupation Art. 9. Neither the Riksdag nor the Government may make decisions in occupied territory. Nor may any powers vested in a person in his or her capacity as a member of the Riksdag or as a minister be exercised in such territory.

61 Any public body in occupied territory shall act in the manner that best serves the defence effort and resistance activities, as well as the protection of the civilian population and Swedish interests in general. In no circumstances may a public body make any decision or take any action which, in contravention of international law, obliges a citizen of the Realm to render assistance to the occupying power. SWE Elections to the Riksdag or decision-making local government assemblies shall not be held in occupied territory. Head of State Art. 10. If the Realm is at war, the Head of State should accompany the Government. If in occupied territory or separated from the Government, the Head of State shall be considered unable to carry out his or her duties as Head of State. Elections to the Riksdag Art. 11. If the Realm is at war, elections to the Riksdag may be held only if the Riksdag so determines. If the Realm is exposed to the danger of war when an ordinary election is due to be held, the Riksdag may decide to defer the election. Such a decision shall be reviewed within one year and at intervals of no more than one year thereafter. A decision under this paragraph is valid only if at least three fourths of the members of the Riksdag vote in favour of it. If any part of the Realm is occupied when an election is due to be held, the Riksdag shall approve any necessary modification of the rules laid down in Chapter 3. No exceptions may however be made from Chapter 3, Articles 1, 4, 5, 7 to 9 or 12. Any reference to the Realm in Chapter 3, Article 5, 7, paragraph two; or Article 8, paragraph two, shall apply instead to that part of the Realm for which the election is to be held. At least one tenth of the total number of seats shall be adjustment seats. An ordinary election which is not held at the time prescribed, in consequence of paragraph one, shall be held as soon as possible after the war ends or the danger of war has passed. The Government and the Speaker, jointly or separately, shall ensure that the necessary steps are taken. If, in consequence of this Article, an ordinary election has been held at a time other than the time at which it would normally have been held, the Riksdag shall set the date of the next ordinary election for that month in the fourth or fifth year following the first-named election in which an ordinary election is due to be held under the Riksdag Act. Decision-making powers of local authorities Art. 12. If the Realm is at war or exposed to the danger of war, or if such exceptional conditions prevail as result from the war or the danger of war to which the Realm has been exposed, the decision-making powers of local authorities shall be exercised as laid down in law. Defence of the Realm Art. 13. The Government may deploy the armed forces of the Realm in accordance with international law to meet an armed attack against the Realm or to prevent a violation of its territory. The Government may instruct the armed forces to use force in accordance with international law to prevent a violation of Swed- ish territory in peace or during a war between foreign states. Declaration of war Art. 14. The Government may not declare war without the consent of the Riksdag except in the case of an armed attack on the Realm.

62 Cessation of hostilities Art. 15. The Government may enter into an agreement on a cessation of hostilities without requesting the approval of the Riks- dag and without consulting the Advisory Committee on Foreign Affairs, provided that deferment of such an agreement would endanger the Realm. SWE Deployment of armed forces Art. 16. The Government may send Swedish armed forces to other countries or otherwise deploy such forces in order to fulfil an international obligation approved by the Riksdag. Swedish armed forces may also be sent to other countries or be deployed if: 1. it is permitted by an act of law setting out the conditions for such action; or 2. the Riksdag permits such action in a special case.

1 The Confederation and the Cantons shall within the scope of their powers ensure the security of the country and the protection Art. 57 of the population. 2 They shall coordinate their efforts in the area of internal security Security

Switzer- 1 Switzerland shall have armed forces. In principle, the armed forces shall be organised as a militia. land Art.58 2 The armed forces serve to prevent war and to maintain peace; they defend the country and its population. They shall support the civilian authorities in safeguarding the country against serious threats to internal security and in dealing with exceptional Armed forces (1999, l.a. 2017) situations. Further duties may be provided for by law. 3 The deployment of the armed forces is the responsibility of the Confederation.

1 Armed forces legislation, together with the organisation, training and equipment of the armed forces, is the responsibility of Art. 60 the Confederation. 3 The Confederation may, in return for appropriate compensation, take over the running of cantonal military installations. Armed forces organisation, training and equipment

63 1 The legislation on the civil defence of persons and property against the effects of armed conflicts is the responsibility of the Art. 61 Confederation. 2 The Confederation shall legislate on the deployment of civil defence units in the event of disasters and emergencies. Civil defence 3 It may declare civil defence service to be compulsory for men. For women, such service is voluntary. SWZ 4 The Confederation shall legislate on fair compensation for loss of income. 5 Persons who suffer damage to their health or lose their lives while doing civil defence service are entitled to appropriate support from the Confederation, whether for themselves or for their next of kin. 1 The Federal Assembly elects the members of the Federal Council, the Federal Chancellor, the judges of the Federal Supreme Art.168 Court and, in times of war, the Commander-in-Chief of the armed forces (“the General”). 2 The law may authorise the Federal Assembly to make or confirm other appointments.

1 The Federal Assembly exercises oversight over the Federal Council and the Federal Administration, the federal courts and other Art. 169 bodies entrusted with the tasks of the Confederation. 2 Official secrecy does not apply in dealings with the special delegations of supervisory committees that are established under Oversight the law. 1 The Federal Assembly has the following additional duties and powers: Art. 173 a. Taking measures to safeguard external security and the independence and neutrality of Switzerland. b. Taking measures to safeguard internal security. 1 The Federal Council takes measures to safeguard external security, independence and neutrality of Switzerland. Art. 185 2 It takes measures to safeguard internal security. 3 It may in direct application of this Article issue ordinances and rulings in order to counter existing or imminent threats of serious disruption to public order or internal or external security. Such ordinances must be limited in duration. 4 In cases of emergency, it may mobilise the armed forces. Where it mobilises more than 4,000 members of the armed forces for active service or where the deployment of such troops is expected to last for more than three weeks, the Federal Assembly must be convened without delay. 1 The Confederation shall legislate against misuse of weapons and their accessories and ammunition. Art. 107 2 It shall legislate on the manufacture, procurement and sale of war material as well as the import, export and transit of such material. Weapons and war material

64 CHAPTER IV: Former Soviet Union countries Country Constitutional Content Provisions

1. The armed forces of the Republic of Armenia shall ensure the defence, security, territorial integrity and inviolability of the Art. 14 borders of the Republic of Armenia. 2. The armed forces of the Republic of Armenia shall maintain neutrality in political matters and shall be under civilian control. The Armed Forces and Defence 3. Every citizen shall be obliged to take part, as prescribed by law, in the defence of the Republic of Armenia.

Armenia 3. Every citizen shall have the right to replace military service with alternative service, as prescribed by law, if it contradicts the (1995, last Art. 41 religious faith or belief thereof. amended 2015) 2. Judges, prosecutors and investigators may not be members of a political party. The law may prescribe restrictions on the right Art. 46 to establish a political party and the right to join any political party for servicemen of the armed forces, national security, the police and other militarised bodies.

1. Upon the request of at least one fourth of the total number of Deputies, an inquiry committee of the National Assembly shall Art. 108 be established by virtue of law for the purpose of clarifying facts about issues falling under the competence of the National As- sembly and those of public interest, as well as for submitting them to the National Assembly. Inquiry 2. Seats within an inquiry committee shall be allocated in proportion to the number of Deputies included in factions. The number Committees of the of the members of inquiry committee shall be determined by the National Assembly. The inquiry committee shall be chaired by National Assembly one of the Deputies submitting the request. 3. Upon the request of at least one fourth of the members of inquiry committee, state and local self-government bodies and officials shall be obliged to provide to the committee the necessary information related to the field of competence of the committee, provided that the provision thereof is not prohibited by law. 4. The powers of an inquiry committee in the spheres of defence and security may be exercised only by the competent standing committee of the National Assembly, upon the request of at least one third of the total number of Deputies. 5. Details related to the activities of inquiry committees shall be prescribed by the Rules of Procedure of the National Assembly.

65 1. The National Assembly may, upon recommendation of the Government, adopt a decision on declaring war or establishing Art. 118 peace, by majority of votes of the total number of Deputies. Declaring War and 2. In case of impossibility to convene a sitting of the National Assembly, the Government shall decide on the issue of declaring war. Establishing Peace ARM 1. In the event of an armed attack against the Republic of Armenia or imminent danger thereof or declaration of war, the Govern- Art. 119 ment shall declare martial law, deliver an address to the people, as well as may call for general or partial mobilisation. 2. In case of declaration of martial law, a special sitting of the National Assembly shall be immediately convened by virtue of law. Martial Law 3. The National Assembly may lift martial law or cancel the implementation of measures provided for under the legal regime of martial law, by majority of votes of the total number of Deputies. 4. The legal regime of martial law shall be prescribed by a law adopted by majority of votes of the total number of Deputies. 1. In the event of an imminent danger posed to the constitutional order, the Government shall declare a state of emergency, take Art. 120 measures resulting from the situation and address the people thereon. 2. In case of declaration of a state of emergency, a special sitting of the National Assembly shall be immediately convened by State of Emergency virtue of law. 3. The National Assembly may lift the state of emergency or cancel the implementation of measures provided for under the legal regime of state of emergency, by majority of votes of the total number of Deputies. 4. The legal regime of state of emergency shall be prescribed by a law adopted by majority of votes of the total number of Deputies.

Term of Powers of and Requirements Set Forth for the President of the Republic [elected by the Assembly] Art. 124 4. The President of the Republic may not hold any other position, engage in entrepreneurial activities or perform other paid work. 5. In the course of exercising his or her powers, the President of the Republic may not hold membership in any political party. 1. Upon recommendation of the Prime Minister, the President of the Republic shall, in the cases and under the procedure pre- Art. 133 scribed by law, appoint and dismiss the supreme command of the armed forces and of other troops. Powers of the 2. Upon recommendation of the Prime Minister, the President of the Republic shall, in the cases and under the procedure pre- President of the Re- scribed by law, confer the highest military ranks. public in the Area of Armed Forces 1. The Prime Minister shall, within the framework of the Programme of the Government, determine the main directions of policy Art. 152 of the Government, manage the activities of the Government and coordinate the work of the members of the Government. The Competences of Prime Minister may give assignments to the members of the Government in respect of specific issues.The Prime Minister shall the Prime Minister head the Security Council and the procedure for the formation and rules of operation thereof shall be prescribed by law. and of Other Members of the Government

66 Armed Forces [in the chapter on the Government] Art. 155 1. The armed forces shall fall under the subordination of the Government. The decision on the use of armed forces shall be taken by the Government. In case of urgent necessity, the Prime Minister shall, upon recommendation of the Minister of Defence, take a decision on the use of armed forces and shall immediately inform the members of the Government thereon. ARM 2. The main directions of the defence policy shall be prescribed by the Security Council. The Minister of Defence shall manage the armed forces within the framework of these main directions. 3. The highest military official of the armed forces shall be the Chief of General Staff, which shall be appointed by the President of the Republic, upon recommendation of the Prime Minister, for the term prescribed by law. In a non-war situation, the Chief of General Staff shall be subordinate to the Minister of Defence. 4. At the time of war, the Prime Minister shall act as the Commander-in-Chief of the armed forces. 5. The subordination and management of the armed forces, as well as other details shall be prescribed by law.

3. Draft laws concerning the subject matter of legal regulation of constitutional laws, the State Budget, taxes, duties, other com- Art. 204 pulsory payments, amnesty, State defence and security, international treaties, as well as other issues prescribed by the Law on Referendum may not be put to referendum.

I. In order to provide its safety and defend itself the Azerbaijan Republic establishes Military forces and other military troops. Art. 9 II. The Azerbaijan Republic rejects a war as a means of infringement on independence of other states and way of settlement of international conflicts. Military forces III. The President of the Azerbaijan Republic is the Supreme Commander-in-Chief of Military Forces of the Azerbaijan Republic. III. Rights and liberties of a human being and citizen may be partially and temporarily restricted on announcement of war, martial Azerbaijan Art. 71 law and state of emergency, and also mobilization, taking into consideration international obligations of the Azerbaijan Repub- lic. Population of the Republic shall be notified in advance about restrictions as regards their rights and liberties. (1995, l.a. 2016) I. Defence of motherland is duty of any citizen. Citizens of the Republic serve in the army according to legislation. Art. 76 II. If beliefs of citizens come into conflict with service in the army then in some cases envisaged by legislation alternative service instead of regular army service is permitted. Defence of motherland

67 Milli Majlis (Parliament) of the Azerbaijan Republic establishes general rules concerning the following matters: Art. 94 8. state of emergency; martial law; 18. defence and military service; 20. basis of security; AZE The following questions fall under the competence of Milli Majlis of the Azerbaijan Republic: Art. 95 7. based on recommendation by the President of the Azerbaijan Republic approval of military doctrine of the Azerbaijan Republic; 16. based on recommendation by the President of the Azerbaijan Republic giving consent for enlistment of Military Forces of the Azerbaijan Republic to operations other than their normal duties; 17. based on request of the President of the Azerbaijan Republic giving consent for announcement of war and conclusion of peace treaty; The President of the Azerbaijan Republic: Art. 109 11. submits to Milli Majlis of the Azerbaijan Republic for approval military doctrine of the Azerbaijan Republic; 12. appoints and dismisses officers of higher rank to Military Forces of the Azerbaijan Republic; 24. assigns higher military and higher special ranks; 25. announces total or partial mobilization and also demobilization; 26. takes decision about calling up citizens of the Azerbaijan Republic to urgent military service and transfer to the reserve of soldiers of urgent military service; 27. forms Security Council of the Azerbaijan Republic; 28. submits recommendation to Milli Majlis of the Azerbaijan Republic about consent for use of Military Forces of the Azerbaijan Republic in implementation of duties other than their normal duties; 29. announces state of emergency and martial law; 30. on consent of Milli Majlis of the Azerbaijan Republic announces a war and concludes peace agreements; 31. forms special security bodies within the limits of sums allotted from state budget of the Azerbaijan Republic; 32. settles other questions which under the present Constitution do not pertain to the competence of Milli Majlis of the Azerbai- jan Republic and law courts of the Azerbaijan Republic; In cases of actual occupation of some part of the territory of the Azerbaijan Republic, announcement of war by foreign country Art. 111 or countries against the Azerbaijan Republic, blockade of the territory of the Azerbaijan Republic and also whenever there is real danger of armed attack against the Azerbaijan Republic, blockade of the territory of the Azerbaijan Republic and also in case of Declaration of real threat of such blockade the President of the Azerbaijan Republic announces martial law all over the territory of the Azerbai- martial law jan Republic or in individual areas, and within 24 hours submits respective decree for approval by Milli Majlis of the Azerbaijan Republic.

68 Whenever natural calamities take place, epidemic, epizootic, grave ecological and other disasters and also on accomplishment Art. 112 of acts aimed to violation of territorial integrity of the Azerbaijan Republic, revolt or state coup, with mass disorders accompanied by violence, other conflicts threatening life and safety of citizens, or normal activity of state bodies, the President of the State of Azerbaijan Republic announces state of emergency in individual areas of the Azerbaijan Republic and within 24 hours submits AZE emergency respective decree for approval by Milli Majlis of the Azerbaijan Republic.

1. In case of a state emergency or martial law, the President of Georgia shall be authorised to restrict the rights and freedoms Art. 46 enumerated in Articles 18, 20, 21, 22, 24, 25, 30, 33 and 41 of the Constitution either throughout the whole country or a certain part thereof. The President shall be obliged to submit the decision to the Parliament for approval within 48 hours. 2. In case of introduction of a state of emergency or martial law throughout the whole territory of the state, elections of the Pres- ident of Georgia, the Parliament of Georgia or other representative bodies of Georgia shall be held upon the cancellation of the state. In case of introduction of a state of emergency in a certain part of the state the Parliament of Georgia shall adopt a decision Georgia on holding the elections throughout the other territories of the state.

(1995, l.a. 2006) 31. The Parliament shall terminate the activity upon the enforcement of the order of the President on the dissolution of the Par- Art. 50 liament. From the enforcement of the order of the President on the dissolution of the Parliament to the first convocation of the newly elected Parliament the dissolved Parliament shall assemble only in case of declaration of a state of emergency or martial law by the President to decide on the issues of prolongation or/and approval a state of emergency or martial law. In case the Parliament is not assembled within 5 days or does not approve (prolong) the order of the President on the declaration (prolongation) of a state of emergency, the announced state of emergency shall be cancelled. In case the Parliament does not approve the order of the President on the declaration (prolongation) of a state of martial law within 48 hours, the state of martial law shall be cancelled. Convocation of the Parliament shall not result in restoration of the offices and salaries of the members of the Parlia- ment. The Parliament shall terminate an activity upon the adoption of a decision on the above mentioned issues. 4. From the declaration of a state of emergency or martial law by the President, the Parliament shall assemble within 48 hours. Art. 61 The Parliament shall work until the end of the state.

Decision of the Parliament on the issues of war and peace, state of emergency or martial law and issues determined by Article 46 Art. 62 of the Constitution shall be adopted by the majority of the total number of the members of the Parliament.

69 2. Apart from the international treaties and agreements providing for ratification, it shall also be obligatory to ratify an interna- Art. 65 tional treaty and agreement which: a. provides for accession of Georgia to an international organisation or intergovernmental union; GEO b. is of a military character; The President of Georgia shall: Art. 73 1. c) be entitled, on his/her own initiative or in other cases envisaged by the Constitution, to dissolve the Government, dismiss the Ministers of Internal Affairs and Defence of Georgia, g. declare a martial law in the case of armed attack on Georgia, make peace when appropriate conditions exist and submit the decisions to the Parliament within 48 hours for approval; h. in the case of war or mass disorder, infringement upon the territorial integrity of the country, coup d’etat, armed insurrection, ecological disasters, epidemics or in other cases, when state bodies are unable to normally exercise their Constitutional powers, shall declare a state of emergency throughout the whole territory of the country or a certain part thereof and submit this decision to the Parliament within 48 hours for approval. In the case of a state of emergency issue the decrees having the force of law, which shall remain in force until the end of the state of emergency, shall take emergency measures. The decrees shall be submitted to the Parliament when it is assembled. Emergency authorities shall apply only to the territory where the state of emergency is declared for the reasons mentioned in the present paragraph; m) award state honours, higher military ranks, special and honorary titles and higher diplomatic ranks; 4. The President is the Supreme Commander-in-Chief of the Armed Forces of Georgia. He/she appoints members of the National Security Council, and appoints and dismisses the Chief of the General Staff of the Armed Forces of Georgia, other commanders; [as of 2004]

Chapter VII Article 98 National defence 1. Defensive war shall be a sovereign right of Georgia. 2. Georgia shall have the armed forces for the defence of the independence, sovereignty and territorial integrity of the country, (Art. as well as for the honouring its international obligations. 3. The types and the composition of the armed forces shall be determined by law. The structure of the armed forces shall be 98-101) approved by the President of Georgia, while the strength thereof shall be approved by the Parliament by the majority of the number of the members of the Parliament on the current nominal list upon the submission of the Council of National Security. Article 99 1. With the view of organising the military construction and defence of the country, the Council of National Security shall be set up which shall be guided by the President of Georgia. 2. The composition, authority and procedure activity of the Council of National Security shall be determined by the Organic Law.

70 Article 100 1. The President of Georgia shall adopt a decision on the use of the armed forces and submit it to the Parliament within 48 hours for approval. In addition the use of the armed forces for the honouring international obligations shall be impermissible without the consent of the Parliament of Georgia. GEO 2. For the purpose of state defence in the exclusive cases and in cases envisaged by law, the decision about the entrance, use and movement of the armed forces of another state on the territory of Georgia shall be adopted by the President of Georgia. The decision shall immediately be submitted to the Parliament for approval and shall be enforced after the consent of the Parliament. Article 101 1. Defence of Georgia shall be an obligation of every citizen of Georgia. 2. Defence of the country and discharge of military service shall be a duty of every citizen being fit thereupon. The form of the discharge of military service shall be determined by law.

1. In conditions of a state of emergency in order to ensure the safety of citizens and the protection of the constitutional Art. 56 system and in accordance with the federal constitutional law certain limitations may be placed on human rights and freedoms with the establishment of their framework and time period. 2. A state of emergency may be introduced in the whole territory of the Russian Federation and in its certain parts in case there are circumstances and according to the rules fixed by the federal constitutional law. Russia 3. The rights and freedoms envisaged in Articles 20, 21, 23 (the first part), 24, 28, 34 (the first part), 40 (the first part), 46- 54 of the Constitution of the Russian Federation, shall not be liable to limitations. (1993, l.a. 2008) 1. Defence of the Fatherland shall be a duty and obligation of citizens of the Russian Federation. Art. 59 2. A citizen shall carry out military service according to the federal law. 3. A citizen of the Russian Federation shall have the right to replace military service by alternative civilian service in case his con- victions or religious belief contradict military service and also in other cases envisaged by the federal law. The jurisdiction of the Russian Federation includes: Art. 71 j) foreign policy and international relations of the Russian Federation, international treaties and agreements of the Russian Fed- eration, issues of war and peace; l) defence and security; military production; determination of rules of selling and purchasing weapons, ammunition,

71 military equipment and other military property; production of poisonous substances, narcotic substances and rules of their use; m) determination of the status and protection of the state border, territorial sea, air space, exclusive economic zone and conti- nental shelf of the expenditures; 1. The joint jurisdiction of the Russian Federation and the subjects of the Russian Federation includes: RUS Art. 72 b) protection of the rights and freedoms of man and citizen; protection of the rights of national minorities; ensuring the rule of law, law and order, public security, border zone regime; h) carrying out measures against catastrophes, natural calamities, epidemics, elimination of their aftermath; j) personnel of the judicial and law enforcement agencies; the Bar, notaryship; The President of the Russian Federation shall: Art. 83 g) form and head the Security Council of the Russian Federation, the status of which is determined by the federal law; h) approve the military doctrine of the Russian Federation; k) appoint and dismiss the supreme command of the Armed Forces of the Russian Federation; 1. The President of the Russian Federation shall be the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation. Art. 87 2. In case of an aggression against the Russian Federation or of a direct threat of aggression the President of the Russian Feder- ation shall introduce in the territory of the Russian Federation or in its certain parts a martial law and immediately inform the Council of the Federation and the State Duma about this . 3. The regime of the martial law shall be defined by the federal constitutional law. The President of the Russian Federation, in circumstances and according to the rules envisaged by the federal constitutional law, Art. 88 shall introduce a state of emergency in the territory of the Russian Federation or in its certain parts and immediately inform the Council of the Federation and the State Duma about this. 1. The jurisdiction of the Council of the Federation includes: Art. 102 b) approval of the decree of the President of the Russian Federation on the introduction of a martial law; c) approval of the decree of the President of the Russian Federation on the introduction of a state of emergency; d) deciding on the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation; Liable to obligatory consideration by the Council of the Federation shall be the federal laws adopted by the State Duma on the Art. 106 following issues: the status and protection of the state border of the Russian Federation; f. peace and war. 1. The Government of the Russian Federation shall: Art. 114 e) carry out measures to secure the defence of the country, the state security, and the implementation of the foreign policy of the Russian Federation; f) implement measures to ensure the rule of law, human rights and freedoms, protection of property and public order, and crime control; g) exercise other powers vested in it by the Constitution of the Russian Federation, the federal laws and decrees of the President of the Russian Federation.

72 Protecting the sovereignty and territorial integrity of Ukraine, ensuring its economic and information security, shall be the most Art. 17 important function of the State and a matter of concern for all the Ukrainian people. The defence of Ukraine and protection of its sovereignty, territorial integrity and inviolability shall be entrusted to the Armed Forces of Ukraine. Ensuring the security of the State and protecting the State borders of Ukraine shall be entrusted to respective military formations Ukraine and law enforcement bodies of the State, whose organisation and operational procedure shall be determined by law. The Armed Forces of Ukraine and other military formations shall not be used by anyone to restrict the rights and freedoms of (1996, l.a. 2016) citizens or with the intent to overthrow the constitutional order, subvert the public authorities or obstruct their activity. The State shall ensure social protection of citizens of Ukraine who serve in the Armed Forces of Ukraine and in other military formations as well as members of their families. Establishment and operation of any armed formations not envisaged by law are prohibited in the territory of Ukraine. The location of foreign military bases in the territory of Ukraine shall not be permitted. Should a Decree of the President of Ukraine declare an introduction of martial law or a state of emergency in Ukraine or in certain Art. 83 regions of Ukraine, the Verkhovna Rada of Ukraine shall hold a meeting within two days without convocation. If the term of powers of the Verkhovna Rada of Ukraine expires while martial law or a state of emergency is in effect, its powers shall be extended until the day of the first meeting of the first session of the Verkhovna Rada of Ukraine elected after the cancellation of martial law or of the state of emergency. The Verkhovna Rada of Ukraine shall have the following powers: Art. 85 9) to declare war, upon the recommendation made by the President of Ukraine, and make peace, approve a decision of the President of Ukraine on the use of the Armed Forces of Ukraine and other military formations in the event of armed aggression against Ukraine; 12) to appoint on a recommendation made by the President of Ukraine, of the Prime Minister of Ukraine, the Minister of De- fence of Ukraine, the Minister of Foreign Affairs of Ukraine, and appoint, on the recommendation made by the Prime Minister of Ukraine, of other members of the Cabinet of the Ministers of Ukraine, (…) and remove the aforementioned persons from their offices; and resolve resignation of the Prime Minister of Ukraine and the members of the Cabinet of Ministers of Ukraine; 12-1) to appoint and remove from the office the Chairman of the Security Service of Ukraine upon the recommendation made by the President of Ukraine; 22) to approve the general structure, and number of staff of the Security Service of Ukraine, the Armed Forces of Ukraine, and other military formations established in accordance with the laws of Ukraine, as well as of the Ministry of Interior of Ukraine, and specification of the functions of the same; 23) to approve decisions on military assistance to other states, on dispatching the Ukrainian Armed Forces units to another states or on admitting units of armed forces of other states to the territory of Ukraine;

73 31) to approve, within a two day period from the date of submission by the President of Ukraine of the decrees on introduction of martial law or the state of emergency in Ukraine or in its particular areas, on total or partial mobilisation, and on declaring particular areas as zones of ecological emergency situations; At a session of the Verkhovna Rada of Ukraine, a people’s deputy of Ukraine shall have the right to make inquiries to bodies of the UKR Art. 87 Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, heads of other state and local self-government bodies, as well as heads of enterprises, institutions, and organisations located in the territory of Ukraine, irrespective of their subordination and forms of ownership. Heads of state power and local self-government bodies, heads of enterprises, institutions, and organisations shall be obliged to notify a people’s deputy of Ukraine of the results of their inquiry. The following matters shall be determined exclusively by laws of Ukraine: Art. 92 17) the fundamentals of national security, the formation of the Armed Forces of Ukraine and ensuring public order; 18) the legal regime of the state border; 19) the legal regime of martial law and state of emergency, zones of ecological emergency situations; The following matters shall be established exclusively by laws of Ukraine: 2) a procedure for dispatching units of the Armed Forces of Ukraine to other states; and a procedure for admitting and the terms for stationing units of armed forces of other states on the territory of Ukraine; 6) military, diplomatic, and other special ranks;

The President of Ukraine shall: 1) ensure the independence, national security, and legal succession of the State; Art. 106 14) submit to the Verkhovna Rada of Ukraine the proposal regarding appointment or dismissal of the Head of the Security Ser- vice of Ukraine; 17) be the Commander-in-Chief of the Armed Forces of Ukraine; appoint and dismiss the high command of the Armed Forces of Ukraine and other military formations; administer the national security and defence of the State; 18) be the Head of the National Security and Defence Council of Ukraine; 19) submit to the Verkhovna Rada of Ukraine a declaration of a state of war, and adopt a decision on the use of the Armed Forces and other military formations established in compliance with laws of Ukraine in the event of armed aggression against Ukraine; 20) adopt, in accordance with law, a decision on the general or partial mobilisation and the introduction of martial law in Ukraine or in its particular territories, in the event of a threat of aggression, or danger to the independence of Ukraine; 21) adopt, if necessary, a decision on the introduction of a state of emergency in Ukraine or in its particular territories, or declare certain territories of Ukraine as zones of ecological emergency situation with the subsequent confirmation of such decisions by the Verkhovna Rada of Ukraine; 24) confer high military, high diplomatic, and other high special ranks and class orders;

74 The National Security and Defence Council of Ukraine shall be the co-ordinating body to the President of Ukraine on the Art. 107 issues of national security and defence. The National Security and Defence Council of Ukraine shall co-ordinate and control the activity of executive power bodies in the area of national security and defence. UKR The President of Ukraine shall be the Head of the National Security and Defence Council of Ukraine. The President of Ukraine shall form the personal membership of the National Security and Defence Council of Ukraine. The Prime Minister of Ukraine, the Minister of Defence of Ukraine, the Head of the Security Service of Ukraine, the Minister of Internal Affairs of Ukraine, and the Minister of Foreign Affairs of Ukraine, shall be ex officio members of the National Security and Defence Council of Ukraine. The Chairman of the Verkhovna Rada of Ukraine may participate in the meetings of the National Security and Defence Council of Ukraine. Decisions of the National Security and Defence Council of Ukraine shall be put into effect by decrees of the President of Ukraine. The competence and functions of the National Security and Defence Council of Ukraine shall be determined by law. The Minister of Defence of Ukraine and the Minister of Foreign Affairs of Ukraine shall be appointed by the Verkhovna Rada of Art. 114 Ukraine upon the submission of proposal by the President of Ukraine, whereas other members of the Cabinet of Ministers of Ukraine shall be appointed by the Verkhovna Rada of Ukraine upon the submission of proposal by the Prime Minister of Ukraine.

The Cabinet of Ministers of Ukraine shall: Art. 116 7) take measures to ensure the defence potential and national security of Ukraine, public order, and fight against crime;

75 Chapter V: Other countries Country Constitutional Content Provisions

Property may not be violated, and no inhabitant of the Nation can be deprived of it except by virtue of a sentence based on law. Art. 17 (...) No armed body may make requisitions nor demand assistance of any kind.

Every Argentine citizen is obliged to bear arms in defense of the fatherland and of this Constitution, in accordance with the laws Art. 21 issued by Congress and the Decrees of the National Executive Power to this effect. Citizens by naturalization are free to render or Argentina not this service for a period of ten years as from the date they obtain naturalization papers. (1853, l.a. 1994) The people neither deliberate nor govern except through their representatives and authorities established by this Constitution. Art. 22 Any armed force or meeting of persons assuming the rights of the people and petitioning in their name, commits the crime of sedition. In the event of domestic disorder or foreign attack endangering the full enforcement of this Constitution and of the authorities Art. 23 hereby established, the province or territory which is in a turmoil shall be declared in state of siege and the constitutional guarantees shall be suspended therein. But during such a suspension the President of the Republic shall not pronounce judgment or apply penalties on his own. In such case, his power shall be limited, with respect to persons, to their arrest or transfer from one place of the Nation to another, should they not prefer to leave the Argentine territory.

This Constitution shall rule even when its observance is interrupted by acts of force against the institutional order and the dem- Art. 36 ocratic system. These acts shall be irreparably null. Their authors shall be punished with the penalty foreseen in Section 29, disqualified in perpetuity from holding public offices and excluded from the benefits of pardon and commutation of sentences. (...) All citizens shall have the right to oppose resistance to those committing the acts of force stated in this section. (...)

In case of foreign attack, the Senate [Upper Chamber of Congress] is also empowered to authorize the President of the Nation to Art. 61 declare in state of siege one or several places of the Republic.

76 Congress is empowered: Art. 75 16.- To provide for the security of the frontiers. 25.- To authorize the Executive Power to declare war or make peace. 27.- To establish the Armed Forces in times of peace and war; and to make rules for their organization and government. ARG 28.- To authorize the entry of foreign troops into the territory of the Nation and to allow national troops to leave the country. 29.- To declare in state of siege one or several parts of the Nation in case of domestic commotion, and to approve or suspend the state of siege declared by the Executive Power during a recess of Congress. The legislative powers shall not be delegated to the Executive Power save for issues concerning administration and public emer- Art. 76 gency, with a specified term for their exercise and according to the delegating conditions established by Congress. The expiration of the term foreseen in the previous paragraph shall not imply the revision of the legal relationships emerging from the rules issued as a result of the powers delegated by Congress. The President of the Nation has the following powers: Art. 99 (3) The Executive Power shall in no event issue provisions of legislative nature, in which case they shall be absolutely and irreparably null and void. Only when due to exceptional circumstances the ordinary procedures foreseen by this Constitution for the enactment of laws are impossible to be followed, and when rules are not referred to criminal issues, taxation, electoral matters, or the system of political parties, he shall issue decrees on grounds of necessity and urgency, which shall be decided by a general agreement of ministers who shall countersign them together with the Chief of the Ministerial Cabinet. Within the term of ten days, the Chief of the Ministerial Cabinet shall personally submit the decision to the consideration of the Joint Standing Committee of Congress, which shall be composed according to the proportion of the political representation of the parties in each House. Within the term of ten days, this committee shall submit its report to the plenary meeting of each House for its specific consideration and it shall be immediately discussed by both Houses. A special law enacted with the absolute majority of all the members of each House shall regulate the procedure and scope of Congress participation. 12.- He is commander-in-chief of all the Armed Forces of the Nation. 13.- He provides for the military posts of the Nation: with the consent of the Senate, he grants posts or ranks for the higher officers of the Armed Forces; and on his own account, he has the same faculties in the battlefield. 14.- He has the control of the Armed Forces and is in charge of their organization and distribution, according to the needs of the Nation. 15.- He declares war and orders reprisals with the consent and approval of Congress. 16.- In the event of foreign attack, he declares, with the consent of the Senate, one or more places of the Nation in state of siege for a limited period. In the event of domestic disorder, he only exerts this power when Congress is in recess, since this is a power pertaining to this body. The President exercises it under the limitations prescribed in Section 23.

77 51. Legislative powers of the Parliament (vi) the naval and military defence of the Commonwealth and of the several States, and the control of the forces to execute and maintain the laws of the Commonwealth; (xxxii) the control of railways with respect to transport for the naval and military purposes of the Commonwealth; 68. Command of naval and military forces Australia The command in chief of the naval and military forces of the Commonwealth is vested in the Governor-General as the Queen’s representative. (1900, last amended 1977) 69. Transfer of certain departments On a date or dates to be proclaimed by the Governor-General after the establishment of the Commonwealth the following departments of the public service in each State shall become transferred to the Commonwealth: (2) naval and military defence; 114. States may not raise forces. Taxation of property of Commonwealth or State A State shall not, without the consent of the Parliament of the Commonwealth, raise or maintain any naval or military force, or impose any tax on property of any kind belonging to the Commonwealth, nor shall the Commonwealth impose any tax on property of any kind belonging to a State. 119. Protection of States from invasion and violence The Commonwealth shall protect every State against invasion and, on the application of the Executive Government of the State, against domestic violence.

The Union shall have the power to: Art. 21 II – declare war and make peace; III – ensure national defense; Brazil IV – allow foreign forces, in the cases provided for in a supplementary law, to pass through the national territory or to remain therein temporarily; (1988, l.a. 2015) V – declare a state of siege, a state of defense and federal intervention;

78 VI – authorize and control the production and trade of military matériel; XIV – organize and maintain the plainclothes police, the uniformed police force, and the uniformed fire brigade of the Federal Dis- trict, as well as to provide financial support to the Federal District for the carrying out of public services by means of a specific fund; XXII – perform the services of maritime, airport, and border police; BRA The Union has the exclusive power to legislate on: (CA No. 19, 1998) Art. 22 III – civil and military requisitioning, in case of imminent danger or in times of war; XXI – general organization rules, troops, matériel, guarantees, drafting and mobilization of the military police and military fire brigades; XXII – the jurisdiction of the federal police and of the federal highway and military polices; XXVIII – territorial defense, aerospace defense, maritime defense, civil defense, and national mobilization; Paragraph 1. I t is the exclusive initiative of the President of the Republic to introduce laws that: Art. 61 I – determine or modify the number of Armed Forces troops; II – provide for: f) military of the Armed Forces, their legal statute, appointment to offices, promotions, tenure, remuneration, retirement, and transfer to the reserve. The President of the Republic shall have the exclusive power to: (CA No. 23, 1999; CA No. 32, 2001) Art. 84 IX – decree the state of defense and the state of siege; X – decree and enforce federal intervention; XIII – exercise the supreme command of the Armed Forces, to appoint the Commanders of the Navy, the Army, and the Air Force, to promote general officers and to appoint them to the offices held exclusively by them; XVIII – call and preside over the Council of the Republic and the National Defense Council; XIX – declare war, in the event of foreign aggression, authorized by the National Congress or confirmed by it, whenever it occurs between legislative sessions and, under the same conditions, to decree full or partial national mobilization; XX – make peace, authorized or confirmed by the National Congress; Liability of the President of the Republic Art. 85 Those acts of the President of the Republic which attempt on the Federal Constitution and especially on the following, are crimes of malversation: I – the existence of the Union; II – the free exercise of the Legislative Power, the Judicial Power, the Public Prosecution and the constitutional Powers of the units of the Federation; III – the exercise of political, individual and social rights; IV – the internal security of the country; V – probity in the administration;

79 VI – the budgetary law; VII – compliance with the laws and with court decisions. Sole paragraph. These crimes shall be defined in a special law, which shall establish the rules of procedure and trial. SUBSECTION II The National Defense Council is a consultation body of the President of the Republic on matters related to national sovereignty BRA and the defense of the democratic state, and the following participate in it as natural members: (CA No. 23, 1999) (in the section on I – the Vice-President of the Republic; the President) II – the President of the Chamber of Deputies; III – the President of the Federal Senate; The National Defense Council IV – the Minister of Justice; V – the Minister of Defense; Art. 91 VI – the Minister of External Relations; VII – the Minister of Planning; VIII – the Commanders of the Navy, the Army, and the Air Force. Paragraph 1. It is the competence of the National Defense Council: I – to express opinion in the event of declaration of war and making of peace, as established in this Constitution; II – to express opinion on the decreeing of state of defense, state of siege and federal intervention; III – to propose the criteria and conditions for the use of areas which are indispensable to the security of the national territory and to express opinion on their actual use, especially on the boundary zone and on those related to the preservation and exploitation of natural resources of any kind; IV – to study, propose and monitor the development of initiatives required to guarantee national independence and the defense of the democratic state. Paragraph 2. The organization and the operation of the National Defense Council shall be regulated by law. Title V Chapter I The State of Defense and the State of Siege Art. 136 State of Defense The Defense of the The President of the Republic may, after hearing the Council of the Republic and the National Defense Council, decree a state of State and the defense to preserve or to promptly re-establish, in specific and restricted locations, the public order or the social peace threat- Democratic ened by serious and imminent institutional instability or affected by major natural calamities. Institutions Paragraph 1. The decree instituting the state of defense shall determine the period of its duration, shall specify the areas to be encompassed and shall indicate, within the terms and limitations of the law, the coercive measures to be in force from among (art. the following: I – restrictions to the rights of: 136-144) a) assembly, even if held within associations;

80 b) secrecy of correspondence; c) secrecy of telegraph and telephone communication; II – in the event of a public calamity, occupation and temporary use of public property and services, the Union being liable for the resulting damages and costs. BRA Paragraph 2. T he state of defense shall not exceed thirty days and it may be extended once for an identical period if the reasons that justified its decreeing persist. Paragraph 3. During the period in which the state of defense is in force: I – arrest for a crime against the State, determined by the party executing the measure, shall be immediately communicated by such party to the competent judge, who shall remit it if it is illegal, it being the arrested person’s choice to request examination of corpus delicti from the police authority; II – the communication shall be accompanied by a statement by the authority as to the physical and mental state of the arrested person at the time of the filing of the charges; III – the imprisonment or detention of any person shall not exceed ten days, unless authorized by the Judicial Power; IV – incommunicability of the arrested person is forbidden. Paragraph 4. U pon decreeing a state of defense or extension thereof, the President of the Republic shall, within twenty-four hours, submit the act with the respective justification to the National Congress, which shall decide by absolute majority. Paragraph 5. I f the National Congress is in recess, it shall be called extraordinarily within five days. Paragraph 6. T he National Congress shall examine the decree within ten days as from receipt thereof, and shall remain in operation as long as the state of defense is in force. Paragraph 7. If the decree is rejected, the state of defense shall cease immediately. The State of Siege Article 137. The President of the Republic may, after hearing the Council of the Republic and the National Defense Council, request authorization from the National Congress to decree the state of siege in the event of: I – serious disturbance with nationwide effects or ocurrence of facts that evidence the innefectiveness of a measure taken during the state of defense; II – declaration of state of war or response to foreign armed agression. Sole paragraph. The President of the Republic shall, on requesting authorization to decree the state of siege or to extend it, submit the reasons that determine such request, and the National Congress shall decide by absolute majority. Article 138. The decree of the state of siege shall specify the period of its duration, the rules required to implement it and the constitutional guarantees that are to be suspended and, after it is published, the President of the Republic shall designate the executor of the specific measures and the areas encompassed. Paragraph 1. In the event of article 137, I, the state of siege may not be decreed for more than thirty days nor may each extension exceed such period; in the event of item II, it may be decreed for the entire period of the war or foreign armed aggression.

81 Paragraph 2. If authorization to decree the state of siege is requested during parliamentary recess, the President of the Federal Senate shall immediately summon an extraordinary session of the National Congress to convene within five days in order to examine the act. Paragraph 3. The National Congress shall remain in session until the end of the coercive measures. BRA Article 139. During the period in which the state of siege decreed under article 137, I, is in force, only the following measures may be taken against persons: I – obligation to remain at a specific place; II – detention in a building not intended for persons accused of or convicted for common crimes; III – restrictions regarding the inviolability of correspondence, the secrecy of communications, the rendering of information and the freedom of press, radio broadcasting and television, as established by law; IV – suspension of freedom of assembly; V – home search and seizure; VI – intervention in public utility companies; VII – requisitioning of property. Sole paragraph. The broadcasting of speeches made by Congressmen in their legislative Houses is not included in the restrictions of item III, if authorized by the respective Directing Board. General Provisions Article 140. The Directing Board of the National Congress shall, after hearing the party leaders, designate a Committee comprised of five of its members to monitor and supervise the implementation of the measures concerning the state of defense and the state of siege. Article 141. Once the state of defense or the state of siege ceases, its effects shall also cease, without prejudice to liability for illicit acts performed by the executors or agents thereof. Sole paragraph. As soon as the state of defense or the state of siege ceases,the measures applied during the period while it is in force shall be reported by the President of the Republic in a message to the National Congress, with specification and justification of the actions taken, with the listing of the names of those affected and indication of the restrictions applied. Chapter II The Armed Forces Article 142. The Armed Forces, comprised of the Navy, the Army and the Air Force, are permanent and regular national institutions, organized on the basis of hierarchy and discipline, under the supreme authority of the President of the Republic, and are intended for the defense of the Country, for the guarantee of the constitutional powers, and, on the initiative of any of these, of law and order. (CA No. 18, 1998; CA No. 41, 2003) Paragraph 1. A supplementary law shall establish the general rules to be adopted in the organization, training and use of the Armed Forces. Paragraph 2. Habeas corpus shall not apply to military disciplinary punishments.

82 Paragraph 3. T he members of the Armed Forces are called military, and the following provisions apply to them, in addition to other provisions that the law may establish: I – the ranks, with the prerogatives, rights and duties inherent to them, are awarded by the President of the Republic and are guaranteed in full to officers in active service, those of the reserve or in retirement, and such officers have exclusive rights to mil- BRA itary titles and posts, and, together with the other members, to the use of the uniforms of the Armed Forces; II – a military in active service who takes office in a permanent civil public position or job shall be transferred to the reserve, under the terms of the law; III – a military in active service who, under the terms of the law, takes office in a non-elective, temporary civil public position, job or function, even if in the indirect administration, shall be put on leave and, as long as he remains in this situation he may only be promoted by seniority and his period of service shall be counted only for that promotion and for transfer to the reserve, and after two years, whether continuous or not, away from active service, he shall be transferred to the reserve, under the terms of the law; IV – the military are forbidden to join unions and to strike; V – while in active service, the military are forbidden to belong to political parties; VI – an officer shall only lose his post and rank if he is judged unworthy of or incompatible with the dignity of officership by decision of a permanent military court, in times of peace, or of a special court, in times of war; VII – an officer sentenced in a common or military court by means of an unappealable judgment to imprisonment for more than two years shall be submitted to trial as provided in the preceding item; VIII – the provisions of article 7, items VIII, XII, XVII, XVIII, XIX and XXV, and of article 37, items XI, XIII, XIV and XV, apply to the military; IX – (revoked); X – the law shall provide for admission to the Armed Forces, age limits, tenure, and other conditions for a military to be retired, the rights, duties, remuneration, prerogatives and other circumstances which are specific to the military, the special characteristics of their activities being taken into account, including those carried out by virtue of international agreements and of war. Article 143. Military service is compulsory as set forth by law. Paragraph 1. I t is within the competence of the Armed Forces, according to the law, to assign an alternative service to those who, in times of peace, after being enlisted, claim imperative of conscience, which shall be understood as originating in religious creed and philosophical or political belief, for exemption from essentially military activities. Paragraph 2. Women and clergymen are exempt from compulsory military service in times of peace, but are subject to other duties assigned to them by law. Chapter III Public Security Article 144. P ublic security, the duty of the State and the right and responsibility of all, is exercised to preserve public order and the safety of persons and property, by means of the following agencies: (CA No. 19, 1998)

83 I – federal police; II – federal highway police; III – federal railway police; IV – civil polices; BRA V – military polices and military fire brigades. Paragraph 1. The federal police, instituted by law as a permanent body, organized and maintained by the Union and structured into a career, are intended to: I – investigate criminal offenses against the political and the social order or to the detriment of property, services and interests of the Union and of its autonomous government entities and public companies, as well as other offenses with interstate or international effects and requiring uniform repression as the law shall establish; II – to prevent and repress the illegal traffic of narcotics and like drugs, as well as smuggling, without prejudice to action by the treasury authorities and other government agencies in their respective areas of competence; III – exercise the functions of maritime, airport and border police; IV – to exercise, exclusively, the functions of criminal police of the Union. Paragraph 2. The federal highway police are a permanent body organized and maintained by the Union, structured into a career, and intended, according to the law, to patrol ostensibly the federal highways. Paragraph 3. The federal railway police are a permanent body organized and maintained by the Union, structured into a career, and intended, according to the law, to patrol ostensibly the federal railways. Paragraph 4. It is incumbent upon the civil police, directed by career police comissioners and except for the competence of the Union, to exercise the functions of criminal police and to investigate criminal offenses, with the exception of the military ones. Paragraph 5. It is within the competence of the military polices the ostensive policing and the maintenance of the public order; it is incumbent upon the military fire brigades, in addition to the duties defined by law, to carry out activities of civil defense. Paragraph 6. The military polices and military fire brigades, ancillary forces and reserve of the Army, are subject, together with the civil police, to the Governors of the states, of the Federal District and of the territories. Paragraph 7. The law shall regulate the organization and operation of the agencies responsible for public security in such a manner as to guarantee the efficiency of their activities. Paragraph 8. The municipalities may organize municipal guards to protect their property, services and facilities, as the law shall establish. Paragraph 9. T he remuneration of the policemen who are members of the agencies mentioned in this article shall be stipulated according to paragraph 4 of article 39.

84 Terrorism, in any of its forms, is intrinsically contrary to human rights. Art. 9 A law of qualified quorum will determine terrorist conduct and its penalty. Those responsible for these crimes will be ineligible, for a period of fifteen years, from exercising public functions or positions, whether or not of popular election; or [positions] of rector or director of establishments of education, or to exercise in them functions of teaching; from operating [explotar] a me- dium of social communication or from being director or administrator of the same, or performing in it functions related to the broadcast or dissemination of opinions or information; Chile neither can they be directors of political organizations or those related to education or those of a local, professional, entrepre- (1980, l.a. 2005) neurial, syndical, student, or trade union character in general during said period. The forgoing is understood [as] without prejudice to other ineligibilities or to those which the law establishes for a longer period. The crimes to which the previous paragraph refers will always be considered common [crimes] and not political [crimes] for all the legal effects, and individual pardon will not proceed concerning them, except to commute the death penalty to that of life imprisonment.

(...) Chileans have the fundamental duty [to] honor their fatherland, [to] defend its sovereignty and [to] contribute to the preser- Art. 22 vation of the national security and the essential values of the Chilean tradition. Military service and other personal duties which the law imposes are obligatory in the terms and forms which it determines. Chileans able to bear arms must be inscribed in the Military Registers, unless they are legally exempted.

(President of the Republic) Art. 24 (2) His authority extends to all that has for its objective the preservation of the internal public order and the external security of the Republic, in accordance with the Constitution and the laws.

The special attributions of the President of the Republic [are]: Art. 32 5. To declare the states of constitutional exception in the cases and forms that are specified in this Constitution; 16. To appoint and remove the Commanders-in-Chief of the Army, of the Navy, of the Air Force and the General Director of the Carabineros in accordance with Article 104, and provide for appointments, promotions and retirement of the Officials of the Armed Forces and of [the] Carabineros in the form that Article 105 specifies; 17. To command the air, sea and land forces; organize them and deploy them in accordance with the necessities of national security; 18. To assume, in case of war, the supreme command of the Armed Forces; 19. To declare war, [with] previous authorization by law, it being required to place on record [that] he has heard the Council of National Security;

85 States of Constitutional Exception Art. 39-45 Article 39 The exercise of the rights and guarantees which the Constitution assures to all persons can only be affected during the following situations of exception: external or internal war, internal commotion, [and] public emergency and [public] calamity, when the CHL normal course of the institutions of the State are gravely affected. Article 40 The state of assembly, in case of foreign war, and the state of siege, in case of internal war or grave internal commotion, shall be declared by the President of the Republic, with the consent of the National Congress. The declaration must determine the zones affected by the corresponding state of exception. The Congress, within the period of five days counted from the date on which the President of the Republic submitted the declaration of the state of siege to its consideration, must decide [on] the acceptance or rejection [of] the proposal, without being able to introduce modifications to it. If the Congress does not decide within that period, it will be understood that it approves the proposal of the President. Nevertheless, the President of the Republic can apply the state of assembly or [state] of siege immediately while Congress decides concerning the declaration, but in this latter state [of siege] may only restrict the exercise of the right of assembly. The measures that the President of the Republic adopts while the National Congress cannot meet, may be subject to revision by the tribunals of justice, [and], meanwhile, that provided in Article 45, will not be applicable. A declaration of a state of siege can only be made for a period of fifteen days, without prejudice to the President of the Republic soliciting its extension. The state of assembly maintains its force for the time that the situation of foreign war extends, unless the President of the Republic has suspended it earlier. Article 41 The state of catastrophe, in case of public calamity, will be declared by the President of the Republic, determining the zone affected by the same. The President of the Republic will be obligated to inform the National Congress of the measures adopted by virtue of the state of catastrophe. The National Congress may declare the declaration [as of] no effect [when] one hundred and eighty days have elapsed, if the reasons that motivated it have ceased in absolute form. Regardless, the President of the Republic may only declare the state of catastrophe for a period superior to one year with the agreement of the National Congress. The agreement referred to shall be adopted in the form established in the second paragraph of Article 40. The state of catastrophe [being] declared, the respective zones will be [placed] under the immediate dependency of the Head of the National Defense that the President of the Republic appoints. He will assume the direction and supervision of its jurisdiction with the attributions and duties that the law specifies. Article 42 The state of emergency, in case of grave alteration of the public order or damage to the security of the Nation, will be declared by the President of the Republic, determining the zones affected by these circumstances. The state of emergency may not be extended for more than fifteen days, without prejudice that the President of the Republic can extend it for [an] equal period.

86 However, for successive extensions, the President will always require the agreement of the National Congress. The agreement referred to shall be adopted in the form established in the second paragraph of Article 40. The state of emergency [being] declared, the respective zones will be [placed] under the immediate dependency of the Head of the National Defense that the President of the Republic appoints. He will assume the direction and supervision of its jurisdiction CHL with the attributions and duties that the law specifies. The President of the Republic will be obligated to inform the National Congress of the measures adopted by virtue of the state of emergency. Article 43 By the declaration of a state of assembly, the President of the Republic is enabled to suspend or restrict personal liberty, the right of assembly and the freedom to work. He can, also, restrict the exercise of the right of association, intercept, open, or record documents and all classes of communications, order requisition of assets and establish limitations on the exercise of the right of ownership. By the declaration of a state of siege, the President of the Republic can restrict the freedom of movement and detain persons in their own homes or in places and which the laws determines that are neither jails nor those used for the detention or imprisonment of common criminals. He can also suspend or restrict the exercise of the right of assembly. By the declaration of a state of catastrophe, the President of the Republic can restrict the freedoms of movement and of assembly. He can, also, order the requisition of assets, establish limitations on the exercise of the right of ownership and adopt all the extraordinary measures of administrative character necessary for the prompt re-establishment of normalcy in the affected zone. By the declaration of a state of emergency, the President of the Republic can restrict the freedoms of movement and of assembly. Article 44 A constitutional organic law shall regulate the states of exception, as well as their declaration and the application of the legal and administrative measures which will proceed to be adopted under them. The law shall provide for that strictly necessary for the prompt re-establishment of constitutional normalcy and shall not affect the competences and the functioning of the constitutional organs nor the rights and immunities of their respective titular [members]. The measures that are adopted during the states of emergency may not, under any circumstances, be prolonged beyond the effectiveness of the same. Article 45 The tribunals of justice cannot qualify the bases or the factual circumstances invoked by the authority to decree the states of exception, without prejudice to that provided in Article 39. However, concerning the specific measures which affect constitutional rights, the guarantee of recourse before the judicial authorities by means of the recourses that correspond[,] will always exist. The requisitions that [have been] made give rise to indemnifications, in conformity with the law. The limitations imposed on the right to ownership[,] when they produce deprivation of any of its essential attributes or faculties and so cause injury, will also give rise to the right of indemnification.

87 Exclusive attributions of the Chamber of Deputies are: Art. 52 2. To declare if there is cause or not for the accusations made by not less than ten and no more than twenty of its members against the following persons: a. The President of the Republic, for actions of his administration which may have gravely compromised the honor or the secu- CHL rity of the Nation, or have openly infringed the Constitution or the laws. This accusation can be interposed while the President is in [his] functions and in the six months following the expiration of his position. During this latter period he may not leave the Republic without the agreement of the Chamber; b. The Ministers of State, for having gravely compromised the honor or the security of the Nation, for infringing the Constitution or the laws or for not having executed them and for the crimes of treason, extortion, embezzlement of public funds and bribery; d. The generals or admirals of the institutions belonging to the Forces of National Defense, for having gravely compromised the honor or security of the Nation; (...) The accusation will be conducted [tramitar] in accordance with the constitutional organic law concerning the Congress. The accusations referred to in Literals (b), (c), (d) and (e) can be interposed while the affected [person] is in [his] functions or in the three months following the expiration of his position. [On] interposing the accusation, the affected [person] may not leave the country without the permission of the Chamber and in no case whatsoever can he do so if the accusation has already been approved. In order to declare if there is cause for the accusation against the President of the Republic the vote of the majority of the Depu- ties in office [ejercicio] will be necessary. In the other cases the vote of the majority of the Deputies present will be required and the accused [person] will be suspended [from] his functions from the moment the Chamber declares that there is cause for the accusation. The suspension will cease if the Senate rejects the accusation or if it should not make a pronouncement in the following thirty days.

Exclusive attributions of the Senate are: Art. 53 1. To take cognizance of the accusations that the Chamber of Deputies initiates, in accordance with the preceding article. The Senate will decide as a jury and will limit itself to declare if the accused is or [is] not guilty of the crime, infraction or abuse of power imputed to him. The declaration of culpability must be pronounced by two-thirds of the Senators in office, when it concerns an accusation against the President of the Republic, and by the majority of the Senators in office in other cases. On the declaration of culpability, the accused [person] is removed from his position and he cannot hold public function, whether of public election or not, for a period of five years. The functionary declared culpable will be judged in accordance with the laws by the competent tribunal, both for the application of the penalty specified for the crime, if any, as well as to make effective the civil responsibility for the harm and damages caused to the State or to individuals;

88 The following persons cannot be candidates to [be] Deputies or to [be] Senators: Art. 57 10. The Commanders-in-Chief of the Army, of the Navy and of the Air Force, the General Director of the Carabineros, the General Director of the Police of Investigations, and the pertinent officials to the Armed Forces and the Forces of Order and Public Security. The ineligibilities established in this article will be applicable to those who may have had the qualities or positions specified CHL [mencionar] above within the year immediately before the election; (...) Matters of law only, are: Art. 63 13. Those that establish the air, sea and land forces that must be standing in time of peace or war, and the norms for permitting the entry of foreign troops into the territory of the Republic, as well as the deployment of national troops outside of it; 15. Those that authorize the declaration of war, on the proposal of the President of the Republic; The Public Ministry [~public prosecutor]can issue direct orders to the Forces of Order and Security during the investigation. Art. 83 However, the actions that deprive the accused or third parties of the exercise of the rights that this Constitution assures, or that restrict or disturb them, will require previous judicial approval. The required authority must comply unconditionally [to] said orders and cannot qualify their foundation, timeliness, justice or legality, except to require the exhibition of the previous judicial authorization, when appropriate. CHAPTER XI: Article 101 Armed Forces, The Armed Forces[,] dependent on the Ministry responsible for the National Defense[,] are constituted solely and exclusively by [Forces] of Order the Army, Navy and Air Force. and Public [They] exist for the defense of the country and are essential for national security and guarantee the institutional order of the Republic. Security The Forces of Order and Public Security are composed solely of the Carabineros and Investigaciones; they constitute the public force and [they] exist to give effectiveness to the law, [to] guarantee the public order and the public internal security, in the form that their respective organic laws determine. They are dependents of the Ministry responsible for Public Security. (Art. The Armed Forces and the Carabineros, as armed bodies, are in essence obedient and not deliberative. The forces dependent on 101-105) the Ministry responsible for the National Defense are, additionally, professional, hierarchic and disciplined. Article 102 Incorporation into the personnel and staff of the Armed Forces and Carabineros can only be obtained through their own Schools, with the exception of the professional ranks and civil servants which the law determines. Article 103 No person, group or organization may possess or own arms or other similar implements specified by a law adopted by qualified quorum, without authorization granted in conformity with it. A law will determine the Ministry of the organs of its dependency that will exercise the supervision and the control of arms. Likewise, it will establish the public organs responsible for the supervision of compliance with the norms relative to this control. Article 104 The Commanders-in-Chief of the Army, of the Navy and of the Air Force, and the General Director of the Carabineros will be appointed by the President of the Republic from among the five officers with the most seniority who have the qualifications which the respective institutional statutes require for such positions.

89 They will serve for four years in their functions, cannot be appointed for a new period and will enjoy irremovability in their positions. The President of the Republic, by way of a substantiated decree and previously informing the Chamber of Representatives and the Senate, will be able to order the retirement of the Commanders-in-Chief of the Army, of the Navy and of the Air Force and the Director General of Carabineros, as the case may be, before the completion of their respective terms. CHL Article 105 The appointments, promotions and retirement of the officers of the Armed Forces and Carabineros will be effected by supreme decree in conformity with the applicable constitutional organic law, which will determine the respective basic norms, as well as those basic norms concerning the professional career, enlisting in their ranks, security, seniority, command, command succession and budget of the Armed Forces and Carabineros. The entry, the appointments, promotions and retirements [to the] Investigaciones will be effected in conformity with its organic law.

CHAPTER XII Article 106 The will be a Council of National Security responsible to advise the President of the Republic in matters related to national Council of Nation- security and to exercise such other functions conferred on it by this Constitution. It will be presided over by the Head of State al Security and will be composed of the Presidents of the Senate, of the Chamber of Deputies and of the Supreme Court, by the Command- ers-in-Chief of the Armed Forces, by the General Director of Carabineros and the Comptroller General of the Republic. In the cases where the President of the Republic so determines, the ministers responsible for interior government, for the na- Art. tional defense, for public security, for foreign relations and for the economy and finance of the country[,] may be present in the 106-107 sessions. Article 107 The Council of National Security shall meet when convoked by the President of the Republic and will require the absolute majority of its members as a quorum for meeting. The Council will not adopt agreements, but [may] issue the regulations to which the final paragraph of this provision refers. In its sessions, any of its members may express [their] opinion concerning any fact, act or matter bearing a relation to the bases of institutionality or [of] national security. The acts of the Council shall be public, unless the majority of its members determines the contrary. A regulation issued by the Council itself shall establish the other provisions concerning its organization, functioning and the publicity of its debates.

90 The armed forces of the People’s Republic of China belong to the people. Their tasks are to strengthen national defence, resist Art. 29 aggression, defend the motherland, safeguard the people’s peaceful labour, participate in national reconstruction and do their best to serve the people. The State strengthens the revolutionization, modernization and regularization of the armed forces in order to increase national defence capability. China It is the sacred duty of every citizen of the People’s Republic of China to defend the motherland and resist aggression. Art. 55 It is the honourable duty of citizens of the People’s Republic of China to perform military service and join the militia in accordance (1982, l.a. 2004) with law. The National People’s Congress exercises the following functions and powers: Art. 62 (6) to elect the Chairman of the Central Military Commission and, upon nomination by the Chairman, to decide on the choice of all other members of the Central Military Commission; (14) to decide on questions of war and peace; and (15) to exercise such other functions and powers as the highest organ of state power should exercise. The National People’s Congress has the power to remove from office the following persons: Art. 63 (1) the President and the Vice-President of the People’s Republic of China; (2) the Premier, Vice-Premiers, State Councillors, Ministers in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council; (3) the Chairman of the Central Military Commission and other members of the Commission; The Standing Committee of the National People’s Congress exercises the following functions and powers: Art. 67 (6) to supervise the work of the State Council, the Central Military Commission, the Supreme People’s Court and the Supreme People’s Procuratorate; (10) to decide, when the National People’s Congress is not in session, on the choice of other members of the Central Military Commission upon nomination by the Chairman of the Commission; (12) to appoint or remove, at the recommendation of the Procurator-General of the Supreme People’s Procuratorate, the Deputy Procurators-General and procurators of the Supreme People’s Procuratorate, members of its Procuratorial Committee and the Chief Procurator of the Military Procuratorate, and to approve the appointment or removal of the chief procurators of the people’s procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government; (15) to institute systems of titles and ranks for military and diplomatic personnel and of other specific titles and ranks; 18) to decide, when the National People’s Congress is not in session, on the proclamation of a state of war in the event of an armed attack on the country or in fulfilment of international treaty obligations concerning common defence against aggression;

91 (19) to decide on general or partial mobilization; (20) to decide on entering the state of emergency throughout the country or in particular provinces, autonomous regions, or municipalities directly under the Central Government;

The President of the People’s Republic of China, in pursuance of the decisions of the National People’s Congress and its Standing CHN Art. 80 Committee, (...); proclaims entering of the state of emergency; proclaims a state of war; and issues mobilization orders. The State Council exercises the following functions and powers: Art. 89 10) to direct and administer the building of national defence; (16) in accordance with the provisions of law, to decide on entering into the state of emergency in parts of provinces, autonomous regions, and municipalities directly under the Central Government;

The Central Military Commission of the People’s Republic of China directs the armed forces of the country. Art. 93 The Central Military Commission is composed of the following: the Chairman; the Vice-Chairmen; and the members. The Chairman assumes overall responsibility for the work of the Central Military Commission. The term of office of the Central Military Commission is the same as that of the National People’s Congress. Art. 94 The Chairman of the Central Military Commission is responsible to the National People’s Congress and its Standing Committee.

The fundamental objectives of the State shall be: Art. 6 a) To defend and guarantee the sovereignty of the country; (...)

2. The Democratic Republic of East Timor shall establish relations of friendship and cooperation with all other peoples, aiming Art. 8 at the peaceful settlement of conflicts, the general, simultaneous and controlled disarmament, the establishment of a system of East Timor collective security and establishment of a new international economic order capable of ensuring peace and justice in the relations among peoples. (2002)

92 1. Suspension of the exercise of fundamental rights, freedoms and guarantees shall only take place if a state of siege or a state of Art. 25 emergency has been declared as provided for by the Constitution. 2. A state of siege or a state of emergency shall only be declared in case of effective or impending aggression by a foreign force, (State of of serious disturbance or threat of serious disturbance to the democratic constitutional order, or of public disaster. exception) TLS 3. A declaration of a state of siege or a state of emergency shall be substantiated, specifying rights, freedoms and guarantees the exercise of which is to be suspended. 4. A suspension shall not last for more than thirty days, without prejudice of possible justified renewal, when strictly necessary, for equal periods of time. 5. In no case shall a declaration of a state of siege affect the right to life, physical integrity, citizenship, non-retroactivity of the criminal law, defence in a criminal case and freedom of conscience and religion, the right not to be subjected to torture, slav- ery or servitude, the right not to be subjected to cruel, inhuman or degrading treatment or punishment, and the guarantee of non-discrimination. 6. Authorities shall restore constitutional normality as soon as possible. 1. Every citizen has the right to disobey and to resist illegal orders or orders that affect their fundamental rights, freedoms and Art. 28 guarantees. 2. The right to self-defence is guaranteed to all, in accordance with the law. (Right to resistance and self-defence) 3. The establishment of armed, military or paramilitary associations, including organisations of a racist or xenophobic nature or Art. 43 that promote terrorism, shall be prohibited. 1. Every citizen has the right and the duty to contribute towards the defence of independence, sovereignty and territorial integ- Art. 49 rity of the country. 2. Serving in the army shall take place in accordance with the law. (Defence of Sovereignty) 1. The President of the Republic is the Head of State and the symbol and guarantor of national independence and unity of the Art. 74 State and of the smooth functioning of democratic institutions. 2. The President of the Republic is the Supreme Commander of the Defence Force. It is exclusively incumbent upon the President of the Republic: Art. 85 b) Exercise competencies inherent in the functions of Supreme Commander of the Defence Force; g) To declare the state of siege or the state of emergency following authorisation of the National Parliament, after consultation with the Council of State, the Government and the Supreme Council of Defence and Security; h) To declare war and make peace following a Government proposal, after consultation with the Council of State and the Su- preme Council of Defence and Security, under authorisation of the National Parliament;

93 It is incumbent upon the President of the Republic, with regard to other organs: Art. 86 To chair the Supreme Council of Defence and Security; b) To chair the Council of State; To appoint two members for the Supreme Council of Defence and Security; TLS m) To appoint and dismiss, following proposal by the Government, the General Chief of Staff of the Defence Force, the Deputy General Chief of Staff of the Defence Force, and the Chiefs of Staff of the Defence Force, after consultation with the General Chief of Staff regarding the latter two cases; n) To appoint five Members for the Council of State;

It is incumbent upon the President of the Republic, in the field of international relations: Art. 87 a) To declare war in case of effective or imminent aggression and make peace, following proposal by the Government, after consultation with the Supreme Council for Defence and Security and following authorisation of the National Parliament or of its Standing Committee. d) Conduct, in consultation with the Government, any negotiation process towards the completion of international agreements in the field of defence and security. It is exclusively incumbent upon the National Parliament to make laws on: Art. 95 a) The borders of the Democratic Republic of East Timor, in accordance with Section 4; n) The suspension of constitutional guarantees and the declaration of the state of siege and the state of emergency; o) The Defence and Security policy; 3. It is also incumbent upon the National Parliament: j) To authorise and confirm the declaration of the state of siege or the state of emergency; 1. The National Parliament shall not be dissolved (...) during a state of siege or a state of emergency, on pain of rendering the act Art. 100 of dissolution null and void. 1. The Standing Committee shall sit when the National Parliament is dissolved or in recession and in the other cases provided for Art. 102 in the Constitution; 2. The Standing Committee shall be presided over by the Speaker of the National Parliament and shall be comprised of Deputy Speakers and Parliament Members designated by the parties sitting in the Parliament in accordance with their respective representation. 3. It is incumbent upon the Standing Committee: g) To authorise the declaration of the state of siege or the state of emergency. Art. 115(2) c) To propose to the President of the Republic the declaration of the state of siege or the state of emergency;

94 Part V Section 146 (Defence Force) 1. The East Timor defence force, FALINTIL-ETDF, composed exclusively by national citizens, has the responsibility of providing National Defence military defence for the Democratic Republic of East Timor and shall have a single system of organisation for the whole national And Security territory. TLS 2. FALINTIL-ETDF shall guarantee national independence, territorial integrity and the freedom and security of the populations (Art. against any aggression or external threat, in respect for the constitutional order. 3. FALINTIL-ETDF shall be non-partisan and shall owe obedience to the competent organs of sovereignty in accordance with the 146-148) Constitution and the laws, and shall not intervene in political matters.

Section 147 (Police and security forces) 1. The police shall defend the democratic legality and guarantee the internal security of the citizens, and shall be strictly non-partisan. 2. Prevention of crime shall be undertaken with due respect for human rights. 3. The law shall determine the rules and regulations for the police and other security forces.

Section 148 (Superior Council for Defence and Security) 1. The Superior Council for Defence and Security is the consultative organ of the President of the Republic on matters relating to defence and sovereignty. 2. The Superior Council for Defence and Security shall be headed by the President of the Republic and shall include civilian and military entities, the number of civilian entities being higher than the number of military entities. 3. The composition, organisation and functioning of the Superior Council for Defence and Security shall be defined by law. Art. 157 No action may be taken to revise the Constitution during a state of siege or a state of emergency.

95 List I – Union list Art. 246 1. Defence of India and every part thereof including preparation for defence and all such acts as may be conducive in times of war to its prosecution and after its termination to effective demobilisation. [referes to the Seventh schedule 2. Naval, military and air forces; any other armed forces of the Union. i.e. Union and State 2A. Deployment of any armed force of the Union or any other force subject to the control of the Union or any contingent or unit India list – division of thereof in any State in aid of the civil power; powers, jurisdiction, privileges and liabilities of the members of such forces while powers between on such deployment.] (1949, l.a. 2015) Union and states] 4. Naval, military and air force works. 7. Industries declared by Parliament by law to be necessary for the purpose of defence or for the prosecution of war. 8. Central Bureau of Intelligence and Investigation. 9. Preventive detention for reasons connected with Defence, Foreign Affairs, or the security of India; persons subjected to such detention. 15. War and peace. List II—State List 1. Public order (but not including 3[the use of any naval, military or air force or any other armed force of the Union or of any other force subject to the control of the Union or of any contingent or unit thereof] in aid of the civil power). 2. Police (including railway and village police) subject to the provisions of entry 2A of List I.] (1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power Art. 250 to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List. (2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period. Art. EMERGENCY PROVISIONS 352-360 (Part XVIII)

96 Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign Art. 9 right of the nation and the threat or use of force as means of settling international disputes. In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be RENUNCIATION maintained. The right of belligerency of the state will not be recognized. OF WAR

Japan When the House of Representatives is dissolved, there must be a general election of members of the House of Representatives Art. 54 within forty (40) days from the date of dissolution, and the Diet must be convoked within thirty (30) days from the date of the (1947)2 election. When the House of Representatives is dissolved, the House of Councillors is closed at the same time. However, the Cabinet may in time of national emergency convoke the House of Councillors in emergency session. Measures taken at such session as mentioned in the proviso of the preceding paragraph shall be provisional and shall become null and void unless agreed to by the House of Representatives within a period of ten (10) days after the opening of the next session of the Diet.

2) The governing party has proposed constitutional revision until 2020. Relevant constitutional amendments: National security: The LDP draft deletes the current provision declaring that armed forces and other war potential shall never be maintained, and adds new Articles 9-2 and 9-3 stating that the “National Defense Force” shall be set up and the Prime Minister shall be its commander-in-chief. According to the paragraph (3) of the new Article 9-2, the National Defense Force not only can defend the territory from a foreign attack and can participate in international peacekeeping operations, but also can operate to either maintain domestic public order or to protect individual rights. State of emergency: The LDP draft grants the Prime Minister the authority to declare a “state of emergency” in a national emergency including foreign invasions, domestic rebellions and natural disasters (Article 98). When in a state of emergency, the Cabinet can enact orders that have the effect of the laws passed by the [National Diet] (Article 99).

97 Chapter XI 198. Governing principles. The following principles govern national security in the Republic: Security services (a) National security must reflect the resolve of South Africans, as individuals and as a nation, to live as equals, to live in peace and harmony, to be free from fear and want and to seek a better life. (Art. (b) The resolve to live in peace and harmony precludes any South African citizen from participating in armed conflict, nationally South or internationally, except as, provided for in tenns of the Constitution or national legislation. 198-210) (c) National security must be pursued in compliance with the law, including international law. African (d) National security is subject to the authority of Parliament and the national executive. Republic 199. Establishment, structuring and conduct of security services. (1996, l.a. 2003) (1) The security services of the Republic consist of a single defence force, a single police service and any intelligence services established in term of the Constitution. (2) The defence force is the only lawfuI military force in the Republic. (3) Other than the security services established in terms of the Constitution, armed organisations or services may be established only in terms of national legislation. (4) The security services must be structured and regulated by national legislation. (5) The security services must act, and must teach and require their members to act, in accordance with the Constitution and the law, including customary international law and international agreements binding on the Republic. (6) No member of any security service may obey a manifestly illegal order. (7) Neither the security services, nor any of their members, may, in the performance of their functions- (a) prejudice a political party interest that is legitimate in terms of the Constitution; or (b) further, in a partisan manner, any interest of a political party. (8) to give effect to the principles of transparency and accountability, multi-party parliamentary committees must have oversight of all security services in a manner determined by national legislation or the rules and orders of Parliament.

DEFENCE 200. Defence force. (1) The defence force must be structured and managed as a disciplined military force. (2) The primary object of the defence force is to defend and protect the Republic, its territorial integrity and its people in accordance with the Constitution and the principles of international law regulating the use of force.

98 201. Political responsibility. (1) A member of the Cabinet must be responsible, for defence. (2) Only the President, as head of the national executive, may authorise the employment of the defence force- (a) in co-operation with the police service; ZAF (b) in defence of the Republic: or (c) in fulfilment of an international obligation. (3) When the defence force is employed for any purpose mentioned in subsection (2), the President must inform Parliament, promptly and in appropriate detail, of- (a) the reasons for the employment of the defence force; (b) any place where the force is being employed; (c) the number of people involved; and (d) the period for which the force is expected to be employed. (4) If Parliament does not sit during the first seven days after the defence force is employed as envisaged in subsection (2), the President must provide the information required in subsection (3) to the appropriate oversight committee. 202. Command of defence force. (1) The President as head of the national executive is Commander-in- Chief of the defence force, and must appoint the Military Command of the defence force. (2) Command of the defence force must be exercised in accordance, with the directions of the Cabinet member responsible for defence, under the authority of the President. 203. State of national defence. (1) The President as head of the national executive may declare a state of national defence, and must inform Parliament promptly and in appropriate detail of-- (a) the reasons for the declaration; (b) any place where the defence force is being employed; and (c) the number of people involved. (2) If Parliament is not sitting when a state of national defence is declared, the President must summon Parliament to an extraordinary sitting within seven days of the declaration. (3) A declaration of a state of national defence lapses unless it is approved by Parliament within seven days of the declaration. 204. Defence civilian secretariat. A civilian secretariat for defence must be established by national legislation to function under the direction of the Cabinet member responsible for defence.

99 POLICE 205. Police service. (1) The national police service must be structured to function in the national, provincial and, where appropriate. local spheres of government. ZAF (2) National legislation must establish the powers and functions of the police service and must enable the police service to discharge its responsibilities effectively, taking into account the requirements of the provinces. (3) The objects of the police service are to prevent, combat and investigate crime, to maintain public order, to protect and secure the inhabitants of the Republic and their property, and to uphold and enforce the law. 206. Political responsibility. (1) A member of the Cabinet must be responsible for policing and must determine national policing policy after consulting the provincial governments and taking into account the policing needs and priorities of the provinces as determined by the provincial executives. (2) The national policing policy may make provision for different policies in respect of different provinces after taking into -ac count the policing needs and priorities of these provinces. (3) Each province is entitled-- (a) to monitor police conduct; (b) to oversee the effectiveness and efficiency of the police service, including receiving reports on the police service; (c) to promote good relations between the police and the community; (d) to assess the effectiveness of visible policing; and (e) to liaise with the Cabinet member responsible for policing with respect to crime and policing in the province. (4) A provincial executive is responsible for policing functions- (a) vested in it by this Chapter; (b) assigned to it in terms of national legislation; and (c) allocated to it in the national policing policy. (5) In order to perform the functions set out in subsection (3), a province- (a) may investigate, or appoint a commission of inquiry into, any complaints of police inefficiency or a breakdown in relations between the police and any community; and (b) must make recommendations to the Cabinet member responsible for policing. (6) On receipt of a complaint lodged by a provincial executive, an independent police complaints body established by national legislation must investigate any alleged misconduct of, or offence committed by, a member of the police service in the province. (7) National legislation must provide a framework for the establishment, powers, functions and control of municipal police services. (8) A committee composed of the Cabinet member and the members of the Executive Councils responsible for policing must be established to ensure effective co-ordination of the police service and effective co-operation among the spheres of government.

100 (9) A provincial legislature may require the provincial commissioner of the province to appear before it or any of its committees to answer questions. 207. Control of police service. (1) The President as head of the national executive must appoint a woman or a man as the National Commissioner of the police ZAF service, to control and manage the police service. (2) The National Commissioner must exercise control over and manage the police service in accordance with the national policing policy and the directions of the Cabinet member responsible for policing. (3) The National Commissioner, with the concurrence of the provincial executive, must appoint a woman or a man as the provincial commissioner for that province, but if the National Commissioner and the provincial executive are unable to agree on the appointment, the Cabinet member responsible for policing must mediate between the parties. (4) The provincial commissioners are responsible for policing in their respective provinces-- (a) as prescribed by national legislation; and (b) subject to the power of the National Commissioner to exercise control over and manage the police service in terms of subsection (2). (5) The provincial commissioner must report to the provincial legislature annually on policing in the province, and must send a copy of the report to the National Commissioner, (6) If the provincial commissioner has lost the confidence of the provincial executive, that executive may institute appropriate proceedings for the removal or transfer of, or disciplinary action against, that commissioner, i n accordance with national legislation. 208. Police civilian secretariat. A civilian secretariat for the police service must be established by national legislation to function under the direction of the Cab- inet member responsible for policing. INTELLIGENCE 209. Establishment and control of intelligence services. (1) Any intelligence service, other than any intelligence division of the defence force or police service, may be established only by the President, as head of the national executive, and only in terms of national legislation. (2) The President as head of the national executive must appoint a woman or a man as head of each intelligence service established in terms of subsection (l), and must either assume political responsibility for the control and direction of any of those services, or designate a member of the Cabinet to assume that responsibility. 210. Powers, functions and monitoring. National legislation must regulate the objects, powers and functions of the intelligence services, including any intelligence division of the defence force or police service, and must provide for- (a) the co-ordination of all intelligencc services; and (b) civilian monitoring of the activities of those services by an inspector appointed by the President, as head bf the national executive, and approved by a resolution adopted by the National Assembly with a supporting vote of at least two thirds of its members.

101 (1) The Republic of Korea shall endeavor to maintain international peace and shall renounce all aggressive wars. Art. 5 (2) The Armed Forces shall be charged with the sacred mission of national security and the defense of the land and their political neutrality shall be maintained. [War, Armed Forces] (2) In case a person on active military service or an employee of the military forces, a police official or others as prescribed by Act South Art. 29 sustains damages in connection with the performance of official duties such as combat action, drill, and so forth, he shall not be Korea entitled to a claim against the State or public organization on the grounds of unlawful acts committed by public officials in the [State and Official’s course of official duties, but shall be entitled only to compensations as prescribed by Act. (1948, l.a. 1987) Liability] (6) The opportunity to work shall be accorded preferentially, under the conditions as prescribed by Act, to those who have given Art. 32 distinguished service to the State, wounded veterans and policemen, and members of the bereaved families of military servicemen and policemen killed in action. [Work] (3) The right to collective action of workers employed by important defense industries may be either restricted or denied under Art. 33 the conditions as prescribed by Act. [Unions] (1) All citizens shall have the duty of national defense under the conditions as prescribed by Act. Art. 39 (2) No citizen shall be treated unfavorably on account of the fulfillment of his obligation of military service. [Duty to Military Service] (1) Sessions of the National Assembly shall be open to the public: Provided that when it is decided so by a majority of the mem- Art. 50 bers present, or when the Speaker deems it necessary to do so for the sake of national security, they may be closed to the public. (2) The public disclosure of the proceedings of sessions which were not open to public shall be determined by Act. [Publicity] (1) The National Assembly shall have the right to consent to the conclusion and ratification of treaties pertaining to mutual as- Art. 60 sistance or mutual security; treaties concerning important international organizations; (...); treaties pertaining to any restriction in sovereignty; peace treaties; (...) [Consent to (2) The National Assembly shall also have the right to consent to the declaration of war, the dispatch of armed forces to foreign Treaties] states, and the stationing of alien forces in the territory of the Republic of Korea.

102 The President may submit important policies relating to diplomacy, national defense, unification and other matters relating to Art. 72 the national destiny to a national referendum if he deems it necessary. [Referendum on Policy] KOR The President shall conclude and ratify treaties; accredit, receive or dispatch diplomatic envoys; and declare war and conclude Art.73 peace [Treaties, Foreign Affairs] (1) The President shall be Commander-in-Chief of the Armed Forces under the conditions as prescribed by the Constitution and Art. 74 Act. (2) The organization and formation of the Armed Forces shall be determined by Act. [Armed Forces] Article 76 Art. 76-77 (1) In time of internal turmoil, external menace, natural calamity or a grave financial or economic crisis, the President may take in respect to them the minimum necessary financial and economic actions or issue orders having the effect of Act, only when it [Emergency is required to take urgent measures for the maintenance of national security or public peace and order, and there is no time to Powers] await the convocation of the National Assembly. (2) In case of major hostilities affecting national security, the President may issue orders having the effect of Act, only when it is required to preserve the integrity of the nation, and it is impossible to convene the National Assembly. (3) In case actions are taken or orders are issued under paragraphs (1) and (2), the President shall promptly notify it to the Nation- al Assembly and obtain its approval. (4) In case no approval is obtained, the actions or orders shall lose effect forthwith. In such case, the Acts which were amended or abolished by the orders in question shall automatically regain their original effect at the moment the orders fail to obtain approval. (5) The President shall, without delay, put on public notice developments under paragraphs (3) and (4). Article 77 (1) When it is required to cope with a military necessity or to maintain the public safety and order by mobilization of the military forces in time of war, armed conflict or similar national emergency, the President may proclaim martial law under the conditions as prescribed by Act. (2) Martial law shall be of two types: extraordinary martial law and precautionary martial law. (3) Under extraordinary martial law, special measures may be taken with respect to the necessity for warrants, freedom of speech, the press, assembly and association, or the powers of the Executive and the Judiciary under the conditions as prescribed by Act. (4) When the President has proclaimed martial law, he shall notify it to the National Assembly without delay. (5) When the National Assembly requests the lifting of martial law with the concurrent vote of a majority of the total members of the National Assembly, the President shall comply.

103 Art. 86 (3) No member of the military shall be appointed Prime Minister unless he is retired from active duty. Art. 88-89 Article 88 KOR (1) The State Council shall deliberate on important policies that fall within the power of the Executive. [State Council] (2) The State Council shall be composed of the President, the Prime Minister, and other members whose number shall be no more than thirty and no less than fifteen. (3) The President shall be the chairman of the State Council, and the Prime Minister shall be the Vice-Chairman. Article 89 The following matters shall be referred to the State Council for deliberation: 2. Declaration of war, conclusion of peace, and other important matters pertaining to foreign Policy; 5. Emergency orders and emergency financial and economic actions or orders by the President, and declaration and termination of martial law; 6. Important military affairs; 16. Appointment of (...) the Chief of Staff of each armed service, (...) Article 91 Art. 91 (1) A National Security Council shall be established to advise the President on the formulation of foreign, military and domestic policies related to national security prior to their deliberation by the State Council. [National Security Council] (2) The meetings of the National Security Council shall be presided over by the President. (3) The organization, function, and other necessary matters pertaining to the National Security Council shall be determined by Act. (1) Courts-martial may be established as special courts to exercise jurisdiction over military trials. Art. 110 (2) The Supreme Court shall have the final appellate jurisdiction over courts-martial. (3) The organization and authority of courts-martial, and the qualifications of their judges shall be determined by Act. (4) Military trials under an extraordinary martial law may not be appealed in case of crimes of soldiers and employees of the military; military espionage; and crimes as defined by Act in regard to sentinels, sentry posts, supply of harmful foods and beverages, and prisoners of war, except in the case of a death sentence.

104 Only the state may establish armed forces and internal security forces, in conformity with the law and in the service of the public Art. 17 interest.

The national army is a republican army. It is an armed military force based on discipline that is composed and structurally or- Art. 18 ganized in accordance with the law and charged with responsibility to defend the nation, its independence and its territorial integrity. It is required to remain completely impartial. The national army supports the civil authorities in accordance with the Tunisia provisions set out in law.

(2014) The national security forces are republican; they are responsible for maintaining security and public order, ensuring the pro- Art. 19 tection of individuals, institutions, and property, and ensuring the enforcement of the law while ensuring that freedoms are respected, with complete impartiality.

Laws relating to the following areas are deemed ordinary laws: Art. 65 - Basic guarantees given to civil and military public employees. - Organization of the national army. - Organization of the internal security forces and customs.

The President of the Republic is responsible for representing the state. Art. 77 He/she is responsible for determining the general state orientations in the domains of defence, foreign relations and national security related to protecting the state and the national territory from all internal and external threats, after consultation with the Head of Government. He/she is also responsible for: (...) - Chairing the National Security Council, to which the Head of Government and President of the Assembly of the Representa- tives of the People are invited. - Being the Commander-in-Chief of the armed forces. - Declaring war and establishing peace, upon the approval by a majority of three-fifths of the members of the Assembly of the Representatives of the People, as well as sending troops abroad with the approval of the President of the Assembly of the Representatives of the People and of the Head of Government; the Assembly shall deliberate on the matter within a period not exceeding sixty days from the date of the decision to send troops. - Taking measures that are required by a state of emergency, and to publicly announce such measures in accordance with article 80.

105 The President of the Republic undertakes the following appointments through presidential orders: Art. 78 - Appointing and dismissing the General Mufti of the Tunisian Republic. - Appointing and dismissing individuals with respect to senior military and diplomatic positions, and positions related to national security, after consultation with the Head of Government. These senior positions are determined by law. (...) TUN In the event of imminent danger threatening the nation’s institutions or the security or independence of the country, and ham- Art. 80 pering the normal functioning of the state, the President of the Republic may take any measures necessitated by the exceptional circumstances, after consultation with the Head of Government and the President of the Assembly of the Representatives of the People and informing the President of the Constitutional Court. The President shall announce the measures in a statement to the people. The measures shall guarantee, at the earliest possibility, a return to the normal functioning of state institutions and services. The Assembly of the Representatives of the People shall be deemed to be in a state of continuous session throughout such a period. In this situation, the President of the Republic cannot dissolve the Assembly of the Representatives of the People and a motion of censure against the government cannot be presented. Thirty days after the entry into force of these measures, and at any time thereafter, the President of the Assembly of the Repre- sentatives of the People or thirty of the members thereof shall be entitled to apply to the Constitutional Court with a view to verifying whether or not the circumstances remain exceptional. The Court shall rule upon and publicly issue its decision within a period not exceeding fifteen days. These measures cease to be in force as soon as the circumstances justifying their implementation no longer apply. The President of the Republic shall address a message to the people to this effect.

The government shall be composed of a Head of Government, Ministers, and secretaries of state selected by the Head of Govern- Art. 89 ment,and in the case of the Ministers of Foreign Affairs and Defence, in consultation with the President of the Republic. The Head of Government is responsible for: (...) Art. 92 - Dismissing, and accepting the resignation(s), of one or more members of the government, after consultation with the President of the Republic in the case of the Ministers of Foreign Affairs and Defence. (...) It is mandatory for the President of the Republic to preside over the Council of Ministers in issues relating to defence, for- Art. 93 eign policy, and national security as concerns the protection of the state and of the national territory from internal and external threats. The President may also attend the Council of Ministers’ other meetings, and if so, he/she presides over the meeting. The different categories of courts are established by law. No special courts may be established, nor any special procedures that Art. 110 may prejudice the principles of fair trial. Military courts are competent to deal with military crimes. The law shall regulate the mandates, composition, organization, and procedures of military courts, and the status of military judges.

The military tribunals continue to exercise the jurisdiction they have been granted by the current laws until their amendment by Art. 149 the dispositions of article 110.

106 (1) In times of war, mobilization or a state of emergency, the exercise of fundamental rights and freedoms may be partially or Art. 15* entirely suspended, or measures derogating the guarantees embodied in the Constitution may be taken to the extent required by the exigencies of the situation, as long as obligations under international law are not violated. (2) Even under the circumstances indicated in the first paragraph, the individual’s right to life, the integrity of his/her corporeal and spiritual existence shall be inviolable except where death occurs through acts in conformity with law of war; no one shall be compelled to reveal his/her religion, conscience, thought or opinion, nor be accused on account of them; offences and penalties Turkey shall not be made retroactive; nor shall anyone be held guilty until so proven by a court ruling.

3 (1982, l.a. 2017*) Art. 68 (...) members of the armed forces (...) shall not become members of political parties. Persons (...) who are in relation with their military services, (...) and persons convicted of ... offences related to the disclosure of Art. 76* state secrets, of involvement in acts of terrorism, or incitement and encouragement of such activities, shall not be elected as a deputy, (...) members of the armed forces shall not stand for election or be eligible to be a deputy unless they resign from office. The power to authorize the declaration of na state of war in cases deemed legitimate by international law and except where Art. 92 required by international treaties to which Turkey is a party or by the rules of international courtesy to send the Turkish Armed Forces to foreign countries and to allow foreign armed forces to be stationed in Turkey, is vested in the Grand National Assembly of Turkey. If the country is subjected to sudden armed aggression, while the Grand National Assembly of Turkey is adjourned or in recess, and it thus becomes imperative to decide immediately on the use of the armed forces, the President of the Republic can decide on the use of the Turkish Armed Forces.

The President of the Republic is the head of the State. (...) Art. 104* He/she represents the Office of Commander-in-Chief of the Turkish Armed Forces on behalf of the Grand National Assembly of Turkey. He/she decides on the use of the Turkish Armed Forces. The Office of Commander-in-Chief is inseparable from the spiritual existence of the Grand National Assembly of Turkey and is Art. 117* represented by the President of the Republic. The President of the Republic shall be responsible to the Grand National Assembly of Turkey for national security and for the preparation of the armed forces for the defence of the country. The Chief of the General Staff, appointed by the President of the Republic, is the commander of the armed forces, and in time of war, exercises the duties of Commander-in-Chief on behalf of the President of the Republic. 3) Articles revised after the referendum in 2017 are marked with an asterisk. 107 The National Security Council shall be composed of Vice-Presidents, ministers of Justice, National Defence, Internal Affairs, and Art. 118* Foreign Affairs, the Chief of the General Staff, the commanders of the Land, Naval and Air Forces, under the chairpersonship of the President of the Republic. [provision on Gendarmerie has been deleted] Depending on the particulars of the agenda, ministers and other persons concerned may be invited to meetings of the Council TUR and their views heard. The National Security Council shall submit to the President of the Republic the advisory decisions taken with regard to the formulation, determination, and implementation of the national security policy of the State and its views on ensuring the necessary coordination. The President of the Republic shall evaluate decisions of the National Security Council concerning the measures that it deems necessary for the preservation of the existence and independence of the State, the integrity and indivisibility of the country, and the peace and security of society. The agenda of the National Security Council shall be drawn up by the President of the Republic taking into account the proposals of Vice-Presidents and the Chief of the General Staff. In the absence of the President of the Republic, the National Security Council shall convene under the chairpersonship of the Vice President. The organization and duties of the General Secretariat of the National Security Council shall be regulated by presidential decree.

The President of the Republic may declare state of emergency in one or more regions or throughout the country for a period not Art. 119* exceeding six months in the event of war, the emergence of a situation necessitating war, mobilization, uprising, strong and actual attempt against homeland and Republic, widespread acts of violence of internal or external origin threatening the indivisibility of the country and the nation, emergence of widespread acts of violence which are aimed at the destruction of the constitutional order or the fundamental rights and freedoms, severly destruction of public order due to acts of violence, and emergence of natural disaster, dangerous pandemic disease or severe economic crises. The decision of decleration of state of emergency shall be published on the issuing day in the Official Gazette, and submitted to the Grand National Assembly of Turkey for approval, on the same day. If the Grand National Assembly of Turkey is in recess, it shall be immediately summoned. The Grand National Assembly of Turkey may, when it deems necessary, reduce or extend the period of state of emergency, or lift it. The Grand National Assembly of Turkey may extend the period of state of emergency for a maximum of four months each time upon the President’s request. In the event of state of war, the limit of four months does not apply. The financial, material and labour obligations which are to be imposed on citizens in the event of the declaration of state of emergency and the manner how fundamental rights and freedoms shall be restricted or suspended temporarily in line with the principles of Article 15, which provisions shall be applied, and how the procedures shall be exercised, shall be regulated by law. During the state of emergency, the President of the Republic, may issue presidential decrees on the matters necessitated by the state of emergency without the limitation set forth in the second sentence of the seventeenth paragraph of Article 104. These decrees having the force of law shall be published in the Official Gazette, and shall be submitted to the Grand National Assembly of Turkey on the same day for approval.

108 Save for the situations that the Grand National Assembly of Turkey cannot convene due to war and force majeure; presidential decrees issued during the state of emergency shall be debated and concluded in the Grand National Assembly of Turkey within three months. Otherwise, the Presidential decree issued in the state of emergency shall ex officio cease to have effect. [articles 120-122 have been deleted] TUR (2) Recourse to judicial review shall be available against all decisions taken by the Supreme Military Council regarding expulsion Art. 125* from the armed forces except acts regarding promotion and retiring due to lack of tenure. Institutions of higher education attached to the Turkish Armed Forces and to the national police organization are subject to the Art. 132 provisions of their respective special laws. The formation, duties and powers, functioning and trial procedures of the courts shall be regulated by law. Art. 142* No military courts shall be formed other than disciplinary courts. However, in state of war, military courts shall be formed with jurisdiction to try offences committed by military personnel related to their duties. However, decrees having the force of law issued during a state of emergency or in time of war shall not be brought before the Art. 148* Constitutional Court alleging their unconstitutionality as to form or substance. (7) The Chief of General Staff, the commanders of the Land, Naval and Air Forces shall be tried in the Supreme Court for offences regarding their duties. [general commander of the gendarmerie has been deleted]

Amendment A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. [II.]

USA Amendment No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. (1787, l.a. 1992) [III.]

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Belgrade Centre for Security Policy is the successor of the Centre for Civil-Military Relations, founded in 1997