XII. State of National Emergency

Art. 78.

(1) In case of an external menace to the State as also in case of internal disturbances or widespread conspiracy of a treasonable character menacing the order and safety of the State or the safety of its citizens the Council of Ministers with the consent of the President of the Republic shall declare a state of emergency in the whole territory of the State or in the endangered part.

(2) Such measure shall be submitted to the Seym within seven days after its promulgation.

(3) If the Seym is dissolved the declaration of the state of emergency shall be presented to the newly elected Seym at its first session.

(4) The Seym may demand the annulment of the measure.

(5) Such a motion cannot be voted upon at the same session during which it was presented.

(6) If the Senate supports the decision of the Seym, the Government shall immediately annul the declaration.

(7) The declaration of a state of emergency empowers the Government for the period of this state to suspend civic liberties and to apply the special rights provided for by the State of Emergency Act.

Art. 79.

(1) In case the use of the Armed Forces becomes necessary for the defence of the State the President of the Republic shall declare a state of war in the whole territory or in a part of the State

(2) During a state of war the President of the Republic has the right, without the authorization of the Legislative Chambers, to issue decrees within the scope of State legislation excluding changes of the Constitution; to prolong the term of the Legislative Chambers till the conclusion of peace; to open, adjourn and close the session of the Seym and Senate on dates adapted to the needs of the defence of the State; as also, for the decision of matters falling under the competence of the Legislative Chambers, he has the right to summon the Seym and Senate as a reduced body, formed by these Chambers.

(3) During the duration of a state of war the Government enjoys rights provided for by the State of Emergency Act as also special rights determined by the the State of War Act.