İSPANYA’DA OLAĞANÜSTÜ HALLERİN İNSAN HAKLARININ KISITLANMASI BAKIMINDAN GÜNCEL GELİŞMELER DOĞRULTUSUNDA DEĞERLENDİRİLMESİ

Abstract

This study aims to evaluate various states of emergency in the Spanish constitutional system in terms of measures to restrict human rights. The states of emergency, which point to temporary exceptional regimes to overcome the crises through democratic means, have become a topic of discussion, especially in terms of the management of the current global pandemic. In this sense, the Spanish system, which handles major problems such as health, internal security and war as different states of emergency under separate headings, was deemed worthy of examination due to the different levels of practice proposed. In this direction, first of all, the concept of the state of emergency has been put forward in its general lines and historical meaning; Reasonable criteria regarding the rights restrictions applied in these periods to eliminate the threat are explained. Subsequently, the Spanish Constitution (1978) and the organic law regulating the state of emergency (LOEAES) were analyzed separately, in order to better understand the place of the emergency in the Spanish legal system; the state of alarm (estado de alarma), state of exception (estado de excepción) and state of siege (estado de sitio), which occur in different conditions, are analyzed taking into account their specific content and procedural safeguards. As a result, the Spanish system has been evaluated in terms of the effectiveness of various responses to crisis periods; the functionality of a specific and separate category of state of emergency to be brought to the agenda, especially when it comes to public health and the international community, has been demonstrated in terms of the democratic management of states of emergency and the prevention of malicious interventions in human rights.