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What does the end of the alarm state imply? What does the BOE say?

Madrid

Publication: Thursday, May 6, 2021 12:20 PM

On May 9, the state of alarm ended. A date already scorched among the majority of the population, who is awaiting a possible end of the main restrictions against the coronavirus, but also among the autonomous communities, which today continue to present many doubts on how to act from Sunday next.

In this sense, the last word, so far, has been the BOE and the new decree approved by the government, which specifies that all the rules of the previous text, from the month of October, will cease to be in force. But what are these standards? First of all, you have to know what measures will depend on the autonomous governments in the coming days.

These are the restrictions that are no longer in effect

– Curfew: the suspension of the freedom of movement of people at night ends. According to the royal decree of last October, “the restriction of night mobility is considered a proportionate measure with a potential positive impact on the control of transmission”.

– Closure of the perimeter: the restriction which prohibits unjustified movements between autonomous communities. This is another rule that is coming to an end. 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 does not decide to limit itself.

– 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 fully 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.

And what changes after the BOE?

The first thing that the new government decree underlines is that all of the aforementioned regulations will no longer be mandatory. More specifically, the text signed by Pedro Sánchez argues the following: “At present, there are no causes that justify the survival of an emergency regime such as the state of alarm” . Thus, according to the executive, the situation is very different from that of October, because the vaccination has progressed considerably and the incidence rate, once the third wave is over, has already stabilized in our country.

However, this was already known. The government warned that the state of alarm would fall more than a month ago. So what has changed? Basically, the ability of the Autonomous Communities to decide and, above all, the legal support they will need to continue to rely on the restrictions.

In this sense, until now, any decision affecting fundamental rights had to go through the competent Superior Court of Justice, which will continue to happen, but with a new actor in the decision: if one of these entities refuses to ‘accept the restrictions (as has already happened with the higher prosecutor of the Basque Country, for example), the Supreme Court can act on the matter.

According to the executive, the first vice-president, Carmen Calvo, assures that there are complete tools to maintain the restrictions if the CCAA sees it as such. “We have two health laws, that of 1986 and that of 2011, which explain to communities how, if there is an emergency, a home, they can impose limitations on rights,” said the leader on Thursday in a report. interview with Cadena Ser.

And Calvo goes further, sending a message to regional presidents reluctant to change: “Discuss it with the judiciary, which controls rights on a daily basis, not just when there is an alarm. This is nothing new.” , he emphasizes.

A possible legal traffic jam

For the moment, despite the indications given by Minister Calvo, and a few days after May 8, doubts remain just as latent. Without going any further, there is already the strange judicial entity which rejects the extension of the measures. This Wednesday, a report from the higher prosecutor’s office of the Basque Country opposes the night curfew and the limitation of meetings to a maximum of four people projected by the government of Iñigo Urkullu, because, in his opinion, these rules are not not applied. adopt without alarm state.

Also in the Balearic Islands, the Supreme Court has already rejected the extension of the measures because it was a project and could not authorize it as a preventive measure. If there is a domino effect, in which regional courts are encouraged to reject the extension, the Supreme Court could face a complex situation. However, all this will be seen from next Sunday, although autonomies they warn: it will be more difficult to maintain what is a few months ago.

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