A state of siege or of emergency may be declared, in the whole or in part of the territory, only in cases of actual or imminent aggression, cases of disruption of or serious threat to the constitutional order, or in the event of a public disaster.
The declaration of a state of siege or of emergency shall be reasoned and shall specify which freedoms and guarantees have been suspended or restricted.
Article 283. Choice of Declaration
When the circumstances giving rise to the declaration are of a less serious nature, a declaration of emergency shall be chosen, provided that the principle of proportionality shall be respected in all cases, and the duration and extent of the measures used shall be limited to what is strictly necessary for the prompt restoration of constitutional normality.
Article 284. Duration
The duration of a state of siege or of emergency shall not exceed thirty days, which may be extended for the same period up to three times, if the reasons for the declaration persist.
Article 285. The Declaration Process
Having declared a state of siege or of emergency, the President of the Republic shall, within twenty-four hours, submit the declaration together with the reasons for it to the Assembly of the Republic for the purposes of ratification.
If the Assembly of the Republic is not in session, an extraordinary session shall be convened and should meet within a maximum period of five days.
The Assembly of the Republic shall evaluate and decide on the declaration within a maximum period of forty eight hours, and may remain in session while the state of siege or of emergency is in place.
Article 286. Limits of the Declaration
The declaration of a state of siege or a state of emergency shall in no event restrict or suspend the right to life, the right to personal integrity, the right to civil capacity and to citizenship, the non-retroactivity of criminal law, the right of accused persons to a defence, and freedom of religion.
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Under a state of siege or a state of emergency, the following measures restricting personal freedoms may be taken:
obligation to remain in a certain place;
detention in buildings not intended for persons accused or convicted of common crimes;
restrictions relating to the inviolability of correspondence, the confidentiality of communication, the provision of information and the freedom of the press and of radio and television broadcasting;
home search and apprehension;
suspension of the freedom of assembly and demonstration;
requisitions of goods and services.
Article 288. Detention
Detentions carried out under a state of siege or of emergency shall adhere to the following principles:
a relative or trusted acquaintance of the detainee, indicated by the detainee, shall be notified immediately and informed about the applicable legal rules within a period of five days;
the name of the detainee and the legal basis for his detention shall be made public within five days;
the detainee shall come before a judge within a maximum of ten days.
Article 289. Functioning of the Sovereign Public Offices
The declaration of a state of siege or a state of emergency must not affect the application of the Constitution in respect of the powers and the functioning of the sovereign public offices, or in respect of the rights and immunities of the respective office holders or members.
Article 290. Termination
Upon the termination of a state of siege or of emergency, the President of the Republic shall address a message to the Assembly of the Republic, giving detailed information about the measures taken under it and a list of the names of all citizens affected.
The termination of the state of siege or of emergency shall bring its effects to an end, but this shall not affect responsibility for unlawful acts committed by agents or persons who implemented it.
CHAPTER II. AMENDING THE CONSTITUTION
Article 291. Initiative
Proposals to amend the Constitution shall be introduced on the initiative of the President of the Republic or of at least one third of the deputies of the Assembly of the Republic.
Proposed amendments to the Constitution shall be laid before the Assembly of the Republic ninety days before the opening of debate.
Article 292. Restrictions as to Subject Matter
Constitutional amendment laws shall have to respect the following:
the independence, the sovereignty and the unity of the State;
the republican form of Government;
the separation between religious denominations and the State;
the fundamental rights, freedoms and guarantees;
universal, direct, secret, personal, equal and periodic suffrage for the appointment of elective sovereign public offices and elective offices of local administration;
pluralism of expression and of political organisation, including political parties and the right of democratic opposition;
the separation and interdependence of the sovereign public offices;
the scrutiny of constitutionality;
the independence of the judiciary;
the autonomy of local authorities;
the rights of workers and trade unions;
the rules governing nationality, which cannot be amended in such a way as to restrict or remove rights of citizenship.
Amendments pertaining to the matters listed in the preceding paragraph must, obligatorily, be submitted to a referendum.
Article 293. Restrictions as to Time
The Constitution may only be amended after five years have passed since the last amending legislation entered into force, except when a decision to assume extraordinary amending powers has been passed by a majority of three quarters of the deputies in the Assembly of the Republic.
Article 294. Restrictions as to Circumstances
No amendments to the Constitution shall be passed during a state of siege or state of emergency.
Article 295. Voting and Form
Amendments to the Constitution shall be carried by a majority of two thirds of the deputies of the Assembly of the Republic.
The constitutional amendments that are approved shall be consolidated into a single amending law.
The President of the Republic cannot refuse to enact the amending law.
Article 296. Constitutional Amendments
Amendments to the Constitution shall be inserted into the appropriate place, by making the necessary substitutions, deletions and additions.
The Constitution, as amended, shall be published together with the amending law.
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