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Summary
The project aims to study states of exception/emergency in the various branches of public law, also seeking to problematize the relationship between constitutional law and administrative law in this specific domain.
The main thematic areas to be discussed would be the following:
The. Theoretical analysis of the concepts of exception and normality;
B. The states of exception between constitutional law and administrative law;
w. The European Union's right to exception;
d. The concept of suspension of fundamental rights, with a specific impact on the delimitation between physical freedom in article 27 and freedom of movement in article 44;
It is. State of necessity and calamity situation, as well as police measures to be adopted within their scope;
f. The financial exception.
g. The problem of the relationship between political decision and technical-scientific decision.
Objectives
Within the general objective of achieving an in-depth and comprehensive understanding of the phenomena covered in the generic designation of the “state of exception”, the project aims to
achieve the following objectives: problematizing the relationship between constitutional law and administrative law in the context of the current State; comprehensive and interdisciplinary treatment of different exceptional rights, in the areas of security, health, environment, economy and migration, with the eventual production of a monographic work on the subject, aiming to find common principles and specific approaches; deepening collaboration between different academic institutions, with emphasis on the Faculty
of Law at the University of Coimbra in dealing with the topics covered.
Relevance
The state of exception is one of the central themes in several areas of legal science, from legal theory, political philosophy, constitutional law, administrative law, public finance law and European Union law. The relevance of the topic has, moreover, been accentuated in the context of the risk society in which we currently live.
The main thematic areas to be discussed would be the following:
The. Theoretical analysis of the concepts of exception and normality;
B. The states of exception between constitutional law and administrative law;
w. The European Union's right to exception;
d. The concept of suspension of fundamental rights, with a specific impact on the delimitation between physical freedom in article 27 and freedom of movement in article 44;
It is. State of necessity and calamity situation, as well as police measures to be adopted within their scope;
f. The financial exception.
g. The problem of relations between political decision and technical-scientific decision.
The project aims to study states of exception/emergency in these different branches of public law, also seeking to problematise the relationship between constitutional law and administrative law in this specific domain.
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