Issues of Public Security: Legal Consequences of Determining Unforeseeable Extraordinary Events
Volume 9, Issue 3 (2020), pp. 1117–1127
Pub. online: 30 March 2020 Type: Article Open Access
30 March 2020
30 March 2020
The basis of every state is in its democratic system and ability to defend it. Therefore, a government has legal rights to immediately declare emergency situation, responding to crisis, catastrophes or unforeseen extraordinary events. The topicality of the research is determined by the emergency situation declared by the Cabinet of Ministers in 2019 in the administrative territory of Riga City in regard to waste management, in order to provide the Riga municipality with an opportunity to conclude negotiated procedure without prior publication. Even though state’s democratic system demands to act immediately in any case of such action, it must be legal since the public, whose life, health and property might be endangered, relies on it, as well as budget is spent on it. However, the mutual application of regulatory enactments in practise cause issues because it is not always clear how to identify and separate such situations and which regulatory enactment is applicable in each specific case. The aim of the research is to determine what is included in the definition of unforeseeable extraordinary events in the context of public procurement, when the government has rights to declare an emergency situation, what are the legal consequences of declaring emergency situation and provide suggestions for dealing with the issue highlighted by the research. In order to reach the set goal, the following tasks were defined: carry-out analysis of regulatory enactments, research the judicature of the European Union and Latvia, conclusions of legal scholars and evaluate the practice of legal act application. The research utilizes descriptive, comparative, dogmatic, historical, systemic, teleological method and analytical interpretation of regulatory enactments.