triggered; whether the elected officials remain in office with full powers; or
whether they remain in office but in a caretaker management arrangement, that
is, with limited powers.
106. The Court recalls that situations of emergency are neither a new phenomenon
for States, nor a new phenomenon for the law. Only the causes underlying their
declaration vary. Accordingly, in principle, States must have their own legislation
on the consequences of the expiry of the term of office of elected officials without
elections being held due to the declaration of a state of emergency.
107. The Court holds that if such legislation exists, it must be applied, otherwise new
legislation should be enacted by the competent bodies. However, the Court is
of the view that (see paragraph 54 above), considering that this is a specific
context in which the rights of other political and social players at stake,
consultation with these actors is required before the legislation in question is
enacted by the competent bodies.
VII.
OPERATIVE PART
108. For the above reasons:
THE COURT,
Unanimously,
On jurisdiction
i.
Finds that it has jurisdiction to give the Advisory Opinion requested.
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