What can and cannot be done after the alarm state ends on May 9


Publication: Wednesday April 14, 2021 10:48

Once again, the President of the Government, Pedro Sánchez, has been frank about the possibility of extending the state of alert on May 9, the day it ceases to be in force: to do. Our decisions will always be based on the state of the pandemic, ”he noted during a speech in Congress on Wednesday.

That way, unless the government makes a 180 degree turn, the end of the state of alarm next month is imminent. A fact that has led to complaints from several autonomous communities, who insist that they need “legal certainty” to be able to cope with infections. However, from the executive, they maintain the opposite position and make sure that there are enough “tools” to control the pandemic.

In any case, once the alarm condition is over, the regions will have the final say on which measures are maintained and which are lifted. But if there is no action, we’re taking a look at the rules that will cease to be binding once May 9 has passed:

– Curfew: the suspension of the freedom of movement of people at night ends. According to the royal decree of last October, in which the measures of the state of alarm are explained, “the restriction of night mobility is considered a proportionate measure with a potential positive impact on the control of transmission”. However, this already has an expiration date, with the concern of the CCAA in this case, since, for example, Castilla y León had legal problems to advance its schedule within a margin that was outside the decree.

– Closure of the perimeter: the restriction which prohibits unjustified movements between autonomous communities. This is another of the rules that ends with the state of alarm. In this way, contrary to what is marked in the decree, which guarantees “the possibility of limiting the entry and exit of the territories of the autonomous communities and towns with autonomous status, from May 9, unless a region decides to self-confine, any citizen can move around the country. And, in this line, another community has already given its approval, such as the Valencian Community, which has already argued that the perimeter closures will cease to be in force, and they even meet to discuss this issue a few days before the end of the state of alarm, more precisely on May 4.

– Maximum number of people in a meeting: this is another of the main rules of the decree of the state of alarm. So far, the maximum number of people who can gather in public spaces (indoors and outdoors) is six people. But, as we have explained, this is a restriction entirely subject to the alarm state, so there would be no more maximum number in these cases.

– Limitation to the permanence of people in places of worship. Along with this, the last specific standard included in said decree is that of limiting meetings in places of worship, such as churches. So there wouldn’t be a maximum number of people either.

There will always be meetings between the autonomous communities

The end of the state of alert does not imply the end of meetings of the Interterritorial Health Council, a body created in the wake of the pandemic that brings together representatives of each ACCA every week to discuss the state of the disease. pandemic.

In this sense, according to the Europa Press agency, experts recall that from May 9, the autonomous communities will only be able to take “ordinary” measures in the area of ​​health, but with the aim of restricting rights and freedoms. (as is the case with curfews or perimeter closures), should justify that they are facing a very serious situation.

These cases are also defined in the organic law of 1986 on special measures in the matter of public health. The same law by which, if considered, compulsory vaccination could be considered, which led the Galician government to a dispute with the central government. Executive at the Constitutional Court.

So, unless there is a change in criteria, the ball will be in the CCAA’s court. This is why some have already asked for its extension, like the Basque Country, while others like Andalusia, Catalonia or Galicia have already hinted at their refusal to complete it. Although, as pointed out by the executive, this decision will depend on the epidemiological situation in the coming weeks.

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