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States of Emergency and Human Rights Protection: The Theory and Practice of the Visegrad Countries

Edited by: Monika Florczak-Wątor, Fruzsina Gárdos-Orosz, Jan Malíř, Max Steuer

ISBN13: 9781032637457
Published: February 2024
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £135.00



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Emergencies are ubiquitous in 21st-century societal discourses. From the rise of emergency pronouncements since 9/11 accompanied by the associated violations of fundamental rights, through talks of ‘crises’ in the EU in relation to the economy, Putin’s occupation of Crimea—recently amplified by the full-scale invasion of Ukraine—or refugees, to the long-neglected climate emergency, emergency discourses have been catapulted to the center of attention by the critical juncture of the COVID-19 pandemic.

This volume presents and compares the existing regulations and practices of emergencies and human rights protection in the Visegrad (V4) countries. As such, the analysis covers Czechia, Hungary, Poland and Slovakia. Although these European countries share a common historical experience and are now members of the EU and NATO, they differ in some of their constitutional traditions and, also, in the dynamics of their political regimes. Divided into three parts, the first two comprehensively discuss the constitutional models of emergency and human rights protection in each of the V4 countries, while the third part illustrates how these models and the general framework of rights protection materialised in the limitations of the selected human rights during the COVID-19 pandemic.

The volume provides a compass for more in-depth, comparative, and interdisciplinary inquiries into the forms and practices of emergencies in one of the EU regions that face illiberalisation and the consequences of the ongoing invasion of Ukraine by the Russian Federation on its eastern borders. It will be a valuable resource for academics, researchers, and policy-makers working in the areas of Constitutional Law and Politics.

Subjects:
Human Rights and Civil Liberties
Contents:
States of emergency and fundamental rights in books and in actions: the Visegrad countries and the COVID-19 pandemic, Monika Florczak-Wątor, Fruzsina Gárdos-Orosz, Jan Malíř, Max Steuer

Part I: Models of states of emergency in Visegrad countries
1. States of emergency and COVID-19: Czech Republic, Jan Malíř, Jan Grinc
2. States of emergency in Hungary, Zoltan Szente
3. States of emergency in Poland: A model under construction?, Michał Ziółkowski
4. Models of states of emergency in Slovakia and their political context: “We’ll manage…somehow?”, Max Steuer

Part II: Models of human rights protection in Visegrad countries
5. Fundamental rights limitations in states of emergency: The Czech pattern, Jan Malíř, Jan Grinc
6. The normative standards of human rights protection in normalcy and in emergency in Hungary, Fruzsina Gárdos-Orosz
7. Human rights in states of emergency: Constitutional principles and their application in the Republic of Poland, Monika Florczak-Wątor
8. A widening gap? Fundamental rights and states of emergency in Slovakia, Max Steuer, Radka Vicenová
Part III: Restrictions on human rights in times of COVID-19 pandemic
9. Emergency as a pretext for restricting political rights – the Hungarian autocratic regime at work, Zoltan Szente
10. Restrictions on the freedom of assembly: The case of Poland, Piotr Tuleja
11. Disproportionate restrictions on the freedom of movement: The Slovak Republic during the COVID-19 pandemic, Kamil Baraník
12. Restrictions imposed on the right to education in the Czech Republic due to COVID-19 pandemic, Jana Ondřejková
13. Restrictions on the right to a fair trial in Poland during the COVID-19 pandemic, Marta Kłopocka-Jasińska