How Rights Are Limited During Emergency and Wartime

General principle

A state of emergency or wartime allows the state to adopt additional security measures. But it does not mean that constitutional order disappears or that the authorities gain unlimited power.

What may be restricted

Depending on the situation, temporary restrictions may affect:

• freedom of movement
• rules for public assemblies
• information-security measures
• special public-safety regimes

What conditions must still be met

Any emergency restriction must:

• be based on law
• be temporary
• be connected to a real and specific threat
• be publicly announced
• remain open to judicial and constitutional oversight

What still cannot be violated

Even in exceptional situations, certain fundamental guarantees must remain protected, especially:

• human dignity
• the prohibition of torture
• protection from unlawful violence
• core legality guarantees

Why this is important

Emergency regimes always create a risk of overreach. That is why the Constitution must continue to function as a limit even in extraordinary times.

What a citizen can do

If a restriction appears unlawful, excessive, or discriminatory, a person may:

• challenge it in court
• file a complaint with prosecutorial bodies
• appeal to the Ombudsman
• seek constitutional review where applicable