The Netherlands National Handbook on Decision-Making in Crisis Situations VI Legal aspects 1. The main principle of crisis management is to use only the normal powers laid down in existing legislation for as long as possible.15 2. As the term implies, emergency legislation is intended for use in exceptional situations in which normal statutory powers give the government insufficient scope for effective action. 3. The Exceptional Emergencies (Coordination) Act means that emergency powers can be exercised in line with current thinking on crisis management, i.e. in a manner that is proportionate and flexible, in keeping with the nature and gravity of the situation. 4. The entry into force of emergency powers is in principle linked to two different levels of emergency: a restricted state of emergency and a general state of emergency, which may be declared ‘if unusual circumstances make such a step necessary in order to safeguard internal or external security’. 15 5. A state of emergency is declared and extraordinary powers are made operative by Royal Decree on the recommendation of the Prime Minister (= the Minister of General Affairs). The States General decide in a joint session whether these powers should be prolonged. 6. Sections of emergency legislation can be activated even when there is no state of emergency – though special circumstances must apply – again by Royal Decree on the recommendation of the Prime Minister (= the Minister of General Affairs), and extended by further legislation. Such separate application is permissible only in relatively small-scale situations in which it would be inappropriate to declare a state of emergency. Emergency powers that infringe fundamental rights can be used only if a general state of emergency has been declared. For a summary see Bestuurlijke Netwerkkaarten Crisisbeheersing, Arnhem, Dutch Safety Institute, IFV, 2015. 27