The security of the European Union member country may be justified to restrict individual human rights at time even derogating from some of them. This may take effects under the following circumstances. (Boyles, 2005)
European Union member nations can apply derogations in the abolishing of a peaceful licensed demonstration if they feel that the demonstration is going to be a menace to the well being of the society or the nation at large.
European Member countries have power to deport a person (foreigner) on the ground that their presence in Europe is a threat to the national security. But the law provides that the individual can be deported after a certain time. European member countries can ignore the issue of time and deport that person immediately if they feel the person (foreigners) is a threat to their country.
In cases of terrorism act like in the case of September 11th 2001 terrorism attack European member countries can employ their military machinery to help them in wiping out the terrorist. European member countries can also detain people who are being suspected to be terrorist while interrogating them without taking into account the number of days stipulated in the law that a suspect is supposed to take before being taken into a court for prosecution. (Mokhtar, 2004)
Guarantee of some fair tr...
Guarantee of some fair trails, as long as it is not conflicting with other human treaties. However only situation should be the only driving factor that should determine weather a person will be granted a fair trail or weather he won't. Proportionality principle calls for a reasonably light abolition of obligations that is to emergency situation in a country.
A suspect can be denied is right to access his lawyer or family during detention.
The right of liberty is amongst those which are usually ignored during emergency
In order to respond to a crisis or a threat to the citizens, member countries may 'shy away' from the rights of the individual, that are recognized by the law. For example when an individual has committed an act of terrorism, the Government may hold him for a long time as long as they want before bringing to the court. (Boyles, 2005)
European member states may derogate when facing situations which poses a danger that put the life of the country in danger. Putting life of the nation in danger implies that: the situation is affecting the entire population or a very large part of the country which cannot be neglected, the situation poses a serious threat to the integrity of the citizens of the members of the European countries, the independence (political) of the member country or interfere with the functioning of public utilities or institutions.
Before applying Derogation, the member country has to access the situation on the ground. The situation should meet the standards set down by the European Union like being a threat to the member countries citizen before declaring Derogation state. The declaration has