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Periodical article Periodical article
Title:Etat d'urgence sanitaire pour faire face à l'épidémie de covid-19 en République Démocratique du Congo
Author:Nkashama, Symphorien Kapinga K.
Periodical:KAS African Law Study Library (ISSN 2363-6262)
Geographic term:Congo (Democratic Republic of)
External link:https://www.nomos-elibrary.de/index.php?doi=10.5771/2363-6262-2021-1-44
Abstract:The health crisis caused by covid-19 has severely tested constitutionalism and the rule of law in the democratic republic of congo as in many countries around the world. in this study, the author tries to demonstrate how the management of the health crisis by the congolese political authorities exposed the inconsistency of the constitutional provisions relating to the state of emergency and the gaps in the legislation on this matter. similarly, the intervention of the national assembly and the senate in a reduced format, without a quorum required by the constitution and internal regulations, to extend the state of health emergency, revealed the inadequacy of the operating rules of these two houses of parliament, to the demands of the fight against the covi-19 pandemic. hence, the need for the congolese parliament to fill this legal void by adopting the law establishing modalities of application of the state of emergency as an exceptional regime derogating from the established legal order and to relax the quorum rules in the event of exceptional circumstances such as those due to the covid-19 pandemic.