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

Abstract

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.