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vol.7 issue1Constitution, state of emergency and public health Administration: some problemsFundamental Rights and unconstitutionality in a situation of crisis: regarding COVID-19 epidemic author indexsubject indexarticles search
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e-Pública: Revista Eletrónica de Direito Público

On-line version ISSN 2183-184X


FREITAS, Tiago Fidalgo de. The implementation of the state of emergency and of the administrative calamity in the autonomous regions of Azores and Madeira: the case of the pandemic COVID-19. e-Pública [online]. 2020, vol.7, n.1, pp.44-77. ISSN 2183-184X.

This paper is focused on the implementation of the state of emergency and the administrative calamity situation in the autonomous regions of the Azores and Madeira. As for the state of emergency, the statutory holders of this competence, which must be exercised in accordance with the Government's guidelines and in cooperation with the regional governments, are the representatives of the republic. After the 2004 constitutional amendment, this option is constitutionally questionable and functionally inadequate. Regarding the administrative calamity situation, the powers belong to the regional governments, within the framework of the national and regional civil protection systems. An analysis of the mandatory quarantines imposed by both autonomous regions, practiced by the regional governments in the form of administrative regulations, concludes that they are substantially and organically unconstitutional. Finally, the inertia of the representatives of the republic in implementing the state of emergency constitutes a case of concerted renunciation of their respective powers and bears far reaching legal and political implications.

Keywords : state of emergency; administrative calamity; autonomous region; representantive of the republic; quarantine.

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