THE FEDERAL LAW ON CIVIL DEFENCE
Theo van den Doel
General Remarks
The Law clearly formulates the powers of the executive authorities and government but it
is not clear if there are limitations on the means to implement these legal powers in full.
Otherwise, several questions need answers: are these powers limited by restrictions
and, if so, of what type? Is there a hierarchy within these laws? What is meant by the
phrase ‘within their terms of reference’? Further clarification would be useful.
The law is rather vague because it does not clearly define or mention the governmental
bodies, organisations, and agencies that actually have to do the jobs prescribed. As a
result, it is not clear in which way the appropriate budgets are guaranteed.
The duties of the different bodies are well described but there is no description of the
rights of the authorities/persons involved
Detailed Remarks
Article 3 states that the rules of international law have priority above the rules of the
Federal Law. However, it is hard to believe that ordinary citizens have knowledge of the
international laws the RF has ratified. It is too easy only to refer to ‘international laws’ as
a catch-all phrase. What has to be done is an implementation and specification of
international rules that are applicable in the present Federal law.
Article 9, Sub 2 requires that organizations which have potentially hazardous production
facilities maintain them in the condition of continuous availability/accessibility. This article
refers, more or less, to the old Communist system in which all the production facilities
belonged to the State. It is not clear if this article also includes private companies. If so, it
will have great consequences.
Article 11 (civil defence management) states that the civil defence heads bear personal
responsibility. The impact of this article is not clear. The boundaries of such ‘personal
responsibility’ should be specified at some point (e.g. in reference to other laws),
especially in terms of liability.