Legal Backgrounds of National Security During the State of Crisis and War

Abstract

A contemporary system of national security shall be constructed in a way to guarantee a proper functioning of the democratic state of law, not only during the lack of threats but also in a crisis or at war. Legal provisions in this aspect shall be clear and precise. To ensure the proper state functioning, the tasks of the respective organs evolved in the realization of adequate jobs shall be designed without any doubt concerning a scope of characteristics of each of them in case of emergency. The tasks shall be defined in a concrete way without duplicates or leaving gaps. Extraordinary states, i.e. martial law, state of emergency and a natural disaster, are introduced under urgent conditions and serious outer as well as inner dangers for the state functioning. They are declared to counteract the arisen threats and preserve common well-being.