A state of emergency is a situation where the normal functioning of a government is suspended due to some crisis. It gives the government derogations and exceptions from normal laws and allows it to act more quickly, e.g. in times of extreme weather events, natural disasters and public order situations. States of emergency are typically accompanied by the imposition of martial law and can also suspend regular civil rights.
Many states have a general statute that permits the governor to declare a state of emergency. These can be defined broadly to include natural disasters, terrorism or public health emergencies such as pandemics. The Virginia governor recently declared a state of emergency to address the expiration of Supplemental Nutrition Assistance Program benefits and counteract the impacts of the federal shutdown.
States of emergency are often used by dictatorships to manage political opposition or social unrest, but they can be applied to a variety of situations. Nicole Questiaux and Leandro Despouy, two consecutive United Nations Special Rapporteurs, have recommended a set of principles for States to follow in declaring states of emergency (etat d’exception). These include proclamation, notification, time limitation, exceptionality, proportionality, non-discrimination and compatibility with international humanitarian law.
States of emergency can be short-term or long-term, and they can be declared by the president or the parliament or both. During a state of emergency, the parliament cannot be dissolved, elections for local councils or referendums cannot be held and the constitution, electoral code and extrajudicial measures law cannot be changed. The state of emergency can suspend many civil rights, but the freedom of speech and religion and the right to a fair trial are protected by the constitution.