What is a State of Emergency?

A state of emergency is a legal authority for a government to take control of the public and private affairs of a country in times of crisis. It allows for the suspension of constitutional rights such as freedom of assembly, secrecy of correspondence, and the right to property within a defined area for the duration of the emergency. The term may be extended only if Parliament approves it. The Constitution of Albania grants the President power to declare a state of emergency which lasts up to 60 days in whole or part of the country.

Generally, state of emergencies are invoked for natural disasters and public health crises that cannot be addressed through normal legal authorities. In the case of disease outbreaks, public health authorities often face sudden, sharp increases in morbidity and mortality that exceed what is normally expected and is beyond the capacity of existing public health resources and facilities. These situations often arise in the face of a public panic and lack of awareness, and can be difficult to address through traditional legal procedures.

States typically have a general statute that permits the Governor to declare a state of emergency. Such laws can be construed broadly, so that the terms could be applied to a wide range of situations. A declaration of a state of emergency would allow the Governor to request federal aid under the Stafford Act. This triggers an array of Federal programs designed to help with response and recovery efforts.