Updated: Tuesday, May 11, 2021 10:25 AM
Posted on: 11.05.2021 10:24
The state of alert has ended, and with it restrictions that limit citizens’ mobility, such as perimeter containment or curfews, have fallen.
Faced with complaints from several autonomous communities concerning the impossibility of applying certain measures and / or the rejection of the superior courts of justice to some of their proposals, the government of Pedro Sánchez recalled that they had the possibility of requesting a state of ‘territorial alert if they deem it necessary.
However, regional executives exclude this option for the moment. This is the case of the Basque Country which, despite the request to Pedro Sánchez to extend the state of alert, is no longer considering asking for this legal measure. “It is by no means the will of the Basque government to make this request,” said Security Minister Josu Erkoreka.
The Canary Islands will not opt for this option either, considering that it is not a “necessary” measure. The island executive called for a curfew and perimeter closure for islands that exceed a certain alert level, but the TSJC overturned those measures and they had to appeal to the Supreme Court.
Faced with this situation, the vice-minister of the presidency, Antonio Olivera, indicated in ‘Cadena Ser’ that “it is not necessary to use” the path of the state of alarm. “To apply the restrictions they are asking for,” he said, “they will argue” before the Supreme Court. “
The Community of Madrid does not view the government’s proposal favorably either and insists on carrying out a legal reform of the 1986 health regulations. “They oblige each community to request a state of alert so as not to reform a law which can be amended. . in 15 days. Before attributing it to negligence, now I think it is arrogance and arrogance “, declared the Minister of Justice, Enrique López, in” Espejo Público “.
The president of the Xunta de Galicia, Alberto Núñez Feijóo, who insisted on reforming “Law 86, which does not provide for the management of a pandemic, spoke in the same direction”. According to him, “the logical thing is to regulate and order and to leave us in states of alarm”.
Although, the Galician chief executive acknowledged in ‘Telecinco’ that while the epidemiological situation in his community was unsustainable, “the pandemic could not be controlled and the wave of income and death was intense and the TSJG and the Supreme Court did not accept the proposals, “they should” consider asking for a state of alarm “.
An autonomous president can ask for this measure in the face of “a health crisis”
This is not the first time that the Government has offered a state of territorial alarm. Pedro Sánchez already did this in August 2020, before taking this legal measure to Congress and approving it from October to March of this year.
The approach of this proposal has generated some doubts in the autonomies, but the truth is that they have a cover to be able to ask for it. According to the Spanish Constitution, only the central government can declare this exceptional scenario in any part of the national map, although it is possible that the head of a community can request it.
“When the hypotheses mentioned in the previous article (disasters, calamities or public misfortunes; health crisis; paralysis of essential public services; situations of shortage) affect exclusively all or part of the territorial perimeter of an autonomous community, the president of the latter this can request from the government the declaration of a state of alert “, appears in the fifth article of the organic law 4/1981, of June 1st.
Then, in the sixth article, it is specified that this mechanism, which will be implemented “by means of a decree agreed upon in the Council of Ministers”, cannot “exceed fifteen days” and can only be extended “with the express authorization of the Congress of Deputies. “. It should also be pointed out in relation to this question that the current leader can unilaterally exercise this request, without prior agreement with Parliament.