COVID-19: The Royal Decree that declares the state of alarm is published

On March 14, 2020, Royal Decree 463/2020 was published declaring the state of alarm for the management of the health crisis situation caused by COVID-19 (“the Royal Decree”).

The Royal Decree enters into force on March 14, the date of its publication in the BOE. During the validity of the state of alarm, successive decrees that modify or expand the measures established in it may be issued. The state of alarm is declared for fifteen calendar days, that is, until March 30, 2020, without prejudice to its eventual extension.

The Royal Decree is issued under the protection of Organic Law 4/1981 of June 1 (the “Organic Law”).

As can be seen from the Royal Decree, the Council of Ministers has decided to adopt measures in each and every one of the categories of action allowed by the Organic Law.

Without prejudice to the measures related to the temporary requisitions of goods or mandatory personal benefits, measures to guarantee the supply of goods and services necessary for health, food, energy and essential services, the measures adopted with a general impact on business or professional activity are as follows:

Free movement of people or vehicles or stay in certain places. Permitted activities and prohibited activities

Circulation on public roads is prohibited for any citizen, whether walking or using any private vehicle, except to carry out certain activities.

Among these authorized activities, in addition to those necessary for the acquisition of food, hygiene or pharmaceutical products, going to health centers or financial or insurance entities, attending to needy people or others of force majeure or similar, the displacement to the place is contemplated. of work for the labor, professional or business benefit.

The opening to the public of all retail establishments and premises is suspended, except those for the sale of food, whether for people or animals, drinks or hygienic or basic necessity products, pharmacies, medical services, opticians, orthopedic products, press and stationery, hairdressers, automotive fuels, tobacconists, technological equipment, telecommunications, dry cleaners, laundries and internet, telephone or correspondence commerce.

The opening to the public of museums, libraries, monuments, archives and venues or entertainment, leisure or sports establishments, as well as any type of party or popular event, is suspended.

Hotels and restaurants are suspended, except for home delivery services. The Government reserves the possibility of suspending any other activity or establishment that, in its opinion, may pose a risk of contagion.

The Royal Decree adds that the permanence in the commercial establishments whose opening is allowed requires that measures be taken so that consumers make only their purchases of basic necessities, avoiding crowds and maintaining safety distances of at least one meter.

Measures in relation to transport

The Royal Decree establishes reductions of 50% in the offers of transport services, distinguishing between passenger transport, whatever the means, provided by companies under contract or public service obligations or completely private, except for rail services of commuters and passenger transport services of regional or local competence, which are maintained in their integrity, forcing, in addition, to adopt daily cleaning and disinfection measures and separation to avoid contagion between passengers, as well as to include messages on tickets warning advising against traveling.

Suspension of procedural, administrative, prescription and expiration periods

The second additional provision of the Royal Decree establishes that the terms are suspended and the terms of the procedural laws are interrupted for all jurisdictional orders. The computation of these terms will be resumed when the Royal Decree or its extensions, as the case may be, lose force. This interruption will not apply in some cases expressly provided for in the Royal Decree, referring mainly to:

• Within the criminal jurisdiction, habeas corpus procedures, actions of guard services, prison surveillance and gender violence.
• Within the labor jurisdiction, collective conflicts and protection of fundamental rights and freedoms.
• Within the contentious-administrative jurisdiction, those related to the protection of fundamental rights.
• Within civil jurisdiction, those relating to the protection of minors or internment for mental disorders.

The third additional provision establishes that the terms are suspended and the processing deadlines of all the procedures of the Public Sector entities are interrupted, which will also be resumed when the Royal Decree or its extensions, if applicable, lose force. This suspension and interruption will affect the entire Public Sector, that is, the General Administration of the State, the Administrations of the Autonomous Communities, the Entities of the Local Administration and the institutional public sector. In any case, it is envisaged that the corresponding administrative body may agree on a reasoned manner the measures it deems necessary to avoid serious damage to the rights and interests of those interested in the proceedings, provided that they express their agreement with those measures or with which the term is not suspended.

All this will not affect the procedures and resolutions that refer to situations closely related to the events that have justified the state of alarm.

The fourth additional provision declares the suspension of the statute of limitations and expiration of any actions and rights during the validity of the state of alarm.

The Royal Decree ratifies the regional decisions, so it will be necessary to analyze each case in detail. The main resolutions, announcements or regional communications on the matter are attached as an annex.

The Royal Decree provides for the possibility of applying sanctions in the event of non-compliance or resistance to the orders of the competent authorities in accordance with the provisions of the Organic Law.

Finally, it should be remembered that, in accordance with article 3 of the Organic Law, those who, as a consequence of the application of the acts and provisions adopted during the validity of the state of alarm, suffer, directly or in their person, rights or goods, damages or losses for acts that are not attributable to them, will have the right to be compensated in accordance with the provisions of the law.