SECTION II
GUARANTEE OF FUNDAMENTAL RIGHTS AND FREEDOMS
Article 56
(General guarantee of the state)
1. The state shall recognise as inviolable the fundamental rights and freedoms
enshrined in the Constitution and shall create the political, economic, social
and cultural conditions and conditions of peace and stability that guarantee
their effective realisation and protection, under the terms of the Constitution
and the law.
2. It shall be the duty of all public authorities to respect and guarantee the free
exercise of fundamental rights and freedoms and the fulfilment of
constitutional and legal duties.
Article 57
(Restriction of rights, freedoms and guarantees)
1. The law may only restrict rights, freedoms and guarantees in cases expressly
prescribed in the Constitution and these restrictions must be limited to what is
necessary, proportional and reasonable in a free and democratic society in
order to safeguard other constitutionally protected rights and interests.
2. Laws restricting rights, freedoms and guarantees must be of a general and
abstract nature and may not have a retroactive effect nor reduce the extent or
scope of the essential content of constitutional precepts.
Article 58
(Limitation or suspension of rights, freedoms and guarantees)
1. The exercise of the rights, freedoms and guarantees of citizens may only be
limited or suspended in the event of a state of war, siege or emergency, under
the terms of the Constitution and the law.
2. A state of war, siege or emergency may only be declared in part or all of
national territory in cases of actual or imminent aggression by foreign forces,
serious threat to, or disturbance of, the constitutional democratic order, or
public disaster.
3. The decision to opt for a state of war, siege or emergency, in addition to its
declaration and implementation must always be limited to the necessary and
appropriate actions required to maintain public order and protect general
interests, observing the principle of proportionality and being limited,
particularly with regard to extent and duration and the means employed, to
that which is strictly necessary to promptly restore constitutional normality.
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