Samenvatting

Inspired by the recent terrorist attacks in Europe and France, this paper focuses on the consequences of the suspension of the full enjoyment of citizens’ rights and freedoms, as well as the administration of justice in a state of emergency. The research question is: What are the dangers for France when violating the trias politica during a state of emergency?
The goal of the study is to evaluate the range of possible results of emergencies, based on the lessons from the past and the dynamic political environment in Europe. The study aims at offering strategies for the effective and constructive management of a state of emergency.
The declaring of a state of emergency interferes with the valuable enjoyment of human rights and fundamental freedoms. Some activist groups and non-governmental organizations express concerns about the violation of the principle of separation of powers. Throughout the dissertation, the behavioral patterns and responses of French citizens to emergencies are taken into account and outlined. An evaluation of the challenges for France identifies the European principle of social cohesion as the most optimal approach to order in the society. Social cohesion is the first necessary step towards successful conflict management in the state.
A state of emergency requires the concentration of powers, which questions the integrity and legality of the temporary measures. The analysis proves that even though human rights are the foundation of freedom, justice and peace in a society, it is necessary to derogate from certain citizen’s rights for the greater goal of safeguarding the state. It is mandatory that all of the limitations measures are strictly required by the situation. The government is expected to give a complete explanation and justification of the emergency. Yet, the time for that may vary and a full openness will most likely be achieved after the end of the emergency.
The conclusion of the dissertation supports the argument that full enjoyment of human rights and freedoms comes from a well functioning state. Similarly, the existence and the well being of the state strictly depend on functional institutions. Thus, in emergency situations, the protection of rule of law, which guarantees the functioning of the institutions, has priority over citizens’ rights. It is a process, which requires the right actions at the right time.
Even though the government suffers from criticism for its actions, it manifests the concern to preserve the space of liberty, equality and fraternity. With the end of the emergency comes the restoration of the environment for human rights. The post-emergency future of Europe depends on the political reaction to the French period of crisis.