Spain declares state of alarm: Main news

Lawyou — Wednesday, 24 de february de 2021

The Government of Spain has decreed a second state of alarm so far this year to deal with the Covid-19 pandemic.

In this article by Ornella Díaz and Patricia Aira Lawyer and Partner at Lawyou write a post breaking down the main developments in the legal field on this topic to better understand the changes we are facing.
I. INTRODUCTION

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As we have been reporting through the blog of Pactaria Legal & Consultingin recent months, since the beginning of the public health emergency situation in which we find ourselves, the Government of Spain has been adopting a battery of measures embodied in various decrees that aim to minimize the economic and social impact of the health crisis caused as a result of the spread of SARS-CoV-2.
Royal Decree 926/2020, of October 25 (hereinafter “RD 926/2020”) represents the latest battery of measures adopted by the Government of Spain in order to declare again the state of alarm to prevent the spread of infections caused by SARS-Cov-2 (article 1).
RD 926/2020 is composed of a total of fifteen articles and three additional provisions, the content of which we summarize below in this article.
II. MAIN CONTENT OF RD 926/2020

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Competent authorities and effectiveness of limitations:

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The competent authority for the execution of the contents of RD 926/2020 is the Government of the Nation (article 2).
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However, it is established under the term “delegated competent authority” the power of the Government of the Nation to delegate its powers to the presidency of the autonomous communities and cities, who are empowered to issue, by delegation of the Government of the Nation, the orders, resolutions and provisions for the implementation of RD 926/2020.

On the other hand, it is expressly established that the measures included in RD 926/2020 shall be effective in the territory of each autonomous community or city with Statute of Autonomy when the respective delegated competent authority so determines (article 9).
Equally, the delegated authorities of each city or autonomous community are empowered to relax, modulate and suspend the measures provided for in articles 6,7 and 8 of RD 926/2020 (relating to the limitation of hours, entry and exit in the autonomous communities and cities and permanence of groups) depending on the evolution of health, epidemiological, social, economic and mobility indicators, subject to prior communication to the Ministry of Health.
Territorial scope:

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With regard to its territorial scope, RD 926/2020 applies to the whole of Spanish territory.
Duration and entry into force:

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One of the most transcendental aspects of RD 926/2020 refers to its duration, initially established until November 9, 2020 (Article 4). With regard to its entry into force, RD 926/2020 takes effect from the date of its publication in the Official State Gazette (Second Final Provision).

Main measures:
a) Time restriction: in accordance with the provisions of Article 5 of RD 926/2020, the freedom of movement of persons is restricted between 23:00 and 06:00 hours, which may only be carried out in order to comply with the activities expressly indicated in the aforementioned article and which refer to medical and veterinary needs, work obligations and force majeure, among others.
b) Limitation of entry and exit from autonomous communities and cities: in accordance with the provisions of Article 6 of RD 926/2020, the entry and exit of persons from the territory of each autonomous community and each city with Statute of Autonomy is also restricted, except for those movements that occur for any of the reasons expressly mentioned in the precept, related to medical needs, work obligations, attendance to educational centers and force majeure, among others. The measures incorporated in this article do not affect the border regime (article 9.1).
c) Limitation on the stay of groups in public and private spaces: the following article 7 of RD 926/2020 limits, for its part, the stay of groups in public and private spaces to a maximum of six people, except in the case of cohabitants and with the exceptions expressly provided for in the applicable regulations.

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d) Limitation to the stay in places of worship: the stay in places of worship is also limited, which shall be fixed by the corresponding delegated authorities (article 8).

III. PREVENTIVE MEASURES IN THE PRINCIPALITY OF ASTURIAS

In the case of the Principality of Asturias, it should be noted that the Government of the Principality of Asturias has been adopting different progressive measures to control the spread of SARS-CoV-2 since the beginning of the pandemic.

The most recent ones refer to the limitation of mobility in the urban centers of Oviedo, Gijón and Avilés (approved by Resolution dated October 23, 2020, Official Gazette of the Principality of Asturias number 206), except in the cases expressly provided for in the Resolution.

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These measures are effective from 0:00 hours on October 24, 2020 until 24:00 hours on November 7, 2020 (third article). 

Also, in application of the powers delegated to the Government of the Principality of Asturias under RD 926/2020, the Government of the Principality of Asturias has proceeded to prohibit the exits and entrances of the territory of the Principality, with effect from Wednesday, October 28, 2020.

Source: Pactaria blog

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