Can the State of Emergency be terminated prematurely?

Considering the spread of the new coronavirus disease (COVID-19) in the world and in the Republic of Armenia, and fact that the infection was classified as a pandemic by the Director General of the World Health Organization on 13 March, 2020, based on the principle of life and health of people in such an emergency, the Government of the Republic of Armenia, during a special session on 16 March, decided to declare a state of emergency in the Republic of Armenia from March 16 to April 14.

On 11 April, Prime Minister Nikol Pashinyan announced live that there was an intention to extend the state of emergency for 30 days.

Iravaban.net informs that Article 5 of the RA Law on the Legal Regime of the State of Emergency stipulates the term of the state of emergency. According to the article, the state of emergency declared in the whole territory of the Republic of Armenia may not exceed 30 days, and in separate territories – 60 days. If the circumstances that were the basis for declaring a state of emergency have not been eliminated before the end of the mentioned terms, the state of emergency may be extended by the decision of the Government of the Republic of Armenia in accordance with the procedure for declaring a state of emergency.

Article 6 of the same law stipulates the termination of the state of emergency. According to the law, if the circumstances that led to the declaration of a state of emergency have disappeared before the expiration of the state of emergency, the state of emergency is terminated by a decree of the President of the Republic, which is immediately broadcast on public television and public radio, and if this is not possible, by other mass media means. The decree of the President of the Republic enters into force upon publication.

The National Assembly may cancel the implementation of both individual and all measures aimed at ensuring the legal regime of the state of emergency.

In case of cancellation of the implementation of all measures aimed at ensuring the legal regime of the state of emergency, the state of emergency ceases, and in case of cancellation of the implementation of a separate measure, the further implementation of that measure ceases.

Iravaban.net

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