Restriction on personal liberties and human and civil rights in states of emergency

times of emergency, for the sake of public order and legality itself, the rule of law must be temporarily suspended. In Croatia and in many other European countries the course which the Executive must then take is constitutionally regulated. A state of emergency in the Republic of Croatia has been in force for the last four years. According to the Constitution, whenever a state of emergency requires it, the President of the Republic has the right to make decree laws (Notverordnungen) and take extraordinary (emergency) measures. Such acts are justified during a state of actual war, a real threat to State independence and integrity, as well as of a state of internal, legal authorities disorder. During the continuance of such states, the right to suspend the rule of law is a prerogative inherent in the President grounded upon the Constitution. At the same time, the Parliament - or the President, if it is impossible for the Parliament to be in session - can enact extraordinary powers of interference with personal liberties and human and civil rights. The author compares such Croatian regulations with French, Spanish, and Portuguese constitutional orders on states of emergency. In accordance with those facts, the author tries to answer the following questions: is what the President of the Republic of Croatia is doing necessary, and not more than is necessary, to protect public order in a state of emergency? By doing so, is he undertaking all the usual measures comprising skill and caution, so as to do no more harm than could be reasonably avoided?