Estado de Alarma (Spain)

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The estado de alarma (in German: state of alarm) is an exception regulation in the Spanish constitution , which is declared in order to guarantee the restoration of normality of the powers in a society.

The Spanish Government, using the powers conferred on it by Article 116.2 of the Constitution, may, in all or part of its territory, call a state of alarm if one of the following serious disturbances of normalcy occurs:

  • Serious risk, disaster or public disaster, such as earthquakes, floods, city and forest fires or serious accidents.
  • Health crises such as epidemics and severe pollution.
  • Situations of shortage of basic necessities.
  • Interruption of essential public services to the community and any of the above circumstances or situations.

The state of alarm is declared by the government by a decree agreed in the Council of Ministers for a period not exceeding 15 days, informing the Congress of Deputies , which will convene immediately for this purpose and without its approval this period cannot be extended, and determine the scope and conditions applicable during the renewal. The decree determines the territorial scope to which the effects of the declaration are extended.

Restriction of rights through legal decrees, regulated in Art. 11 of Organic Law 4/1981 of June 1, 1981 on alarm, exceptional and siege conditions:

  • The traffic or the presence of people or vehicles can be restricted at certain times and in certain places or made dependent on the fulfillment of certain requirements.
  • All types of goods can be requested temporarily and mandatory personal services can be imposed.
  • Industries, factories, workshops, factories or premises of any kind may be temporarily occupied, with the exception of private homes, and the ministries concerned must be notified.
  • The use of services or the consumption of basic consumer goods can be limited or rationed.
  • The necessary arrangements can be made to ensure the supply of the markets and the operation of the relevant services and production centers.

Previous alarm conditions in Spain

Air traffic controller crisis 2010

On Saturday, December 4, 2010, at 12:30 p.m., the Spanish government declared a state of alarm nationwide for the first time since the return of democratic order in the country when the airspace was closed due to the air traffic controllers' strike. The government claimed it was a basic public service that was causing serious damage to the country's citizens and economy.

More than 600,000 people were affected, resulting in a loss of business for the tourism companies. Therefore, in accordance with Article 11 of Organic Law 4/1981 of June 1, 1981 on alarm, emergency and siege conditions, the government mobilized air traffic controllers, who were considered to be military personnel for the duration of the state. For this reason, if they had not returned to work, they would have faced severe prison sentences for disobeying orders from a military command and for desertion .

On December 14th, the Council of Ministers asked the Congress of Deputies to extend the state of emergency until midnight on January 15th, which it did. As a result, the government agreed to the extension and the alert was lifted on January 16, 2011 at 12:00 am.

Coronavirus pandemic health crisis 2020

On Friday March 13, 2020, Prime Minister Pedro Sánchez announced in an institutional statement, for the second time in the country's recent history, the state of alert as an extraordinary measure to contain the coronavirus disease ( COVID-19 ) pandemic that has hit Spain since mid February and which was implemented from the following day, Saturday 14 March.

At the time of the announcement, there were more than 4200 positive cases and 120 deaths in Spain, with the Community of Madrid being the hardest hit region in the country with more than half of the positive cases and 64 deaths. The autonomous government has systematically closed hotels and businesses, leaving only pharmacies and basic food stores open.

Hours before the announcement of this measure, the emergency measures approved by the Extraordinary Council of Ministers, published by decree in the Law and Official Gazette of the Spanish State, Boletín Oficial del Estado (BOE), and measures such as postponing tax payments for companies, SMEs and self-employed until as of May 30th by six months with a three-month grace period.

The government also amended Law 50/1997 of November 27, 1997 and added a first final provision which states that in the event of exceptional situations "and if the nature of the crisis so requires, the Government President may decide on grounds that the Council of Ministers, The Government Delegate Committees and the General Committee of State Secretaries and Undersecretaries can hold meetings, take decisions and approve minutes remotely by electronic means, provided that the members concerned are on Spanish territory and their identity is established. Audio and video conferences are valid for these purposes electronic means, a measure taken after two government ministers, Minister for Equality Irene Montero and Minister for Territorial Policy and Public Functions Carolina Darias tested positive for COVID-19.

In the institutional statement of Saturday, March 14th, the district president confirmed the approval of the state of alarm, which added as an extraordinary measure the restriction of citizens' movements throughout the national territory, which came into force at the time of publication in the BOE on the same day.

On March 24, 2020, in agreement with the Council of Ministers, the government requested the Congress of Deputies to approve the extension of the alarm state until April 12, 2020 at 00:00 in order to ensure effective management of the health emergency and contain the spread of the disease . The plenary session of the Congress of Deputies, at its March 25th session, approved the granting of the necessary authorization, which came into effect on March 28th on the day of its publication in the BOE.

On April 7, 2020, the government requested the Congress of Deputies through an agreement of the Council of Ministers to approve the extension of the alarm state again until April 26, 2020 at 00:00 in order to ensure effective management of the health emergency and contain the spread of the disease.

On April 18, 2020, Pedro Sánchez again announced a renewed extension of the alarm status (this is the third extension) until May 9, 2020. On April 22, 2020, the Congress of MPs approved the extension of the state of alarm, with 269 MPs voting in favor of the extension, 60 against, 21 abstaining or not voting.

Individual evidence

  1. ^ Noticias Jurídicas. Retrieved April 24, 2020 .
  2. ↑ El Gobierno Declara el estado de alarma. ElMundo, December 4, 2010, accessed April 24, 2020 (Spanish).
  3. ↑ BOE.es - Documento BOE-A-2010-18683. Retrieved April 24, 2020 .
  4. ↑ BOE.es - Documento BOE-A-2010-19453. Retrieved April 24, 2020 .
  5. ↑ El Gobierno Declara el estado de alarma. March 14, 2020, accessed April 24, 2020 .
  6. ↑ La Comunidad de Madrid decreta el cierre de todos los establecimientos menos los de alimentación y primera necesidad por el coronavirus. March 13, 2020, accessed April 24, 2020 (Spanish).
  7. ↑ La Comunidad de Madrid decreta el cierre de todos los establecimientos menos los de alimentación y primera necesidad por el coronavirus. March 13, 2020, accessed April 24, 2020 (Spanish).
  8. ↑ 20minutos: Carolina Darias, segunda ministra tras Montero que da positivo en coronavirus en las pruebas hechas a todo el Ejecutivo. March 12, 2020, accessed April 24, 2020 (Spanish).
  9. ^ Irene Montero, primer positivo por coronavirus en el Gobierno. March 12, 2020, accessed April 24, 2020 (Spanish).
  10. ↑ La Moncloa. 24/03/2020. Referencia del Consejo de Ministros. La Moncloa , accessed April 24, 2020 (Spanish).
  11. ↑ La Moncloa. 07/04/2020. El Gobierno solicita al Congreso de los Diputados la prórroga del Estado de alarma hasta el 26 de April. La Moncloa , accessed April 24, 2020 (Spanish).
  12. ↑ MARÍA MENÉNDEZ: El Gobierno prorroga el estado de alarma hasta el 9 de mayo con salidas limitadas de los niños a la calle a partir del 27 de April. April 18, 2020, accessed April 24, 2020 (Spanish).
  13. ↑ "Solicitud de autorización de la prórroga del estado de alarma declarado mediante el Real Decreto 463/2020, de14 de March, por el que se declara el estado de alarma para la gestión de la situación de crisis sanitariaocasionada por el COVID-19". April 22, 2020, accessed April 25, 2020 .