## Emergency Situation – What Is It What is good about the state of emergency is that it does not necessarily require decisions from the Saeima. According to the Law on National Security, the will of the Cabinet of Ministers, acting based on the recommendations of the Crisis Management Center, is sufficient. As the Ministry of Justice acknowledges, there may be "situations when the Saeima is unable to convene during emergencies and make decisions." "A state of emergency is a special legal regime under which the Cabinet of Ministers is entitled, in accordance with the law, to restrict the rights and freedoms of state administration and local government bodies, as well as individuals and legal entities, and impose additional obligations on them. A state of emergency may be declared in the event of a threat to the state related to a crisis or disaster (or the threat of their occurrence) or a threat to critical infrastructure, if there is a significant danger to the security of the state, society, the environment, economic activity, as well as to the life and health of people." ## Minimum Guarantees The Organization for Security and Co-operation in Europe (OSCE) found only 7 states in the European Union where the aforementioned regime does not have a constitutional basis. These states are extremely diverse in their development and traditions: from France, Sweden, and Ireland to Greece and Cyprus. Latvia and Lithuania are also among them. The Venice Commission – an independent advisory body of the Council of Europe on constitutional law – has advocated for the peoples of these countries: "Absolute rights constitute the 'inalienable core' of human rights, and it is advisable to clearly enshrine them in the constitution. It is also important to provide minimum guarantees against arbitrary detention and other measures ensuring the right to a fair trial; furthermore, the right to challenge regulatory legal acts and actions of authorities taken in a state of emergency should be provided." ## "New Normalcy" In Latvia, the Ministry of Justice emphasizes, the framework for the state of emergency has been developed – but it is not legally optimal. Therefore, it will be necessary to separately address the "new normalcy," as stated in the Ministry of Justice document. There, the actions of the authorities during Covid-19 are frequently cited as examples. So, we have already been shown a demo version – and now the main part will follow the trailer: "In a state of emergency, the powers of the executive branch are significantly expanded, and broader restrictions on fundamental rights are also permitted." In any case, there is still time – the Ministry of Justice has set deadlines for preparing the necessary regulatory framework until the end of 2027.
