رفع الحالة الاستثنائية من خلال أحكام تأقيتها وتمديدها

Abstract EN

Given that the exceptional circumstance poses a threat to rights and freedoms, the constitutional founder has surrounded it with many guarantees in terms of the procedures for its declaration and the identification of the competent authority to work to ward off the danger compelling to announce it and then lift it in ways that do not go beyond the framework stipulated in Article 98/ 6 of the Constitution.

The study of lifting the exceptional circumstance is of great importance in terms of clarifying the control of the relationship between the text of Article 98/6 of the 1996 Constitution which establishes the work of a rule that parallels forms in how to lift the exceptional case, and the multiplicity of cases of lifting the case.

This leads us to pose the problem of the feasibility of the constitutional text on the work of a rule that parallels forms in the issue of jurisdiction in lifting it? Among the results obtained is that it is not possible to implement the rule of parallel forms in lifting the exceptional circumstance, and this is if there is no extension of the case; while it is raised by order or automatically if there is an extension to it.