On 14th March the Spanish Government passed Royal Decree 463/2020, to take effect as from the same day, in which the State of Alert was decreed in view of article 116 of the Spanish Constitution and Organic Law 4/1981.

The State of Alert allows the Government to take a series of extraordinary measures, which affect Spanish citizens  and foreign citizens who are in Spain, as well as companies based in Spain and their employees.

The competent Authority is made up of four ministries, under the President of the Spanish Government.

The initial duration of the State of Alert: 15 calendar days, which are extendable.

In the following, we highlight the  measures:

a) Citizens are obliged to collaborate and not hinder the work of the law enforcement officers.

b) Limitation of freedom of movement: for the duration of the state of alert, citizens are entitled to move on public roads when the motive is due to one of the following:

    • Acquiring food, medicines or basic products.
    • Attending medical centres and hospitals.
    • Going to work (using one’s own vehicle or public transport).
    • Returning from work to the home.
    • Assisting elderly people or dependent people.
    • Going to banks and insurance company offices.
    • Movement due to force majeure and situation of need.
    • Any other similar activity, which should be carried out individually, unless there are justified reasons.
    • Refuelling vehicles.
    • The Home Office may agree upon the closing of roads or certain stretches of road or the restriction of vehicles. The measures shall be made public to the community.
    • Foreign personnel members of diplomatic missions, consulate offices and international organisms located in Spain are excluded from these limitations, when movement is linked to the performance of their official functions.

c) Educational activity in person is suspended, including universities, although those activities which may be carried out online shall continue.

d) The opening to the public of all venues and business premises is suspended, except for those providing food, drink, basic necessities (this include food shops and supermarkets), pharmacies, hairdressers, doctors, press and stationery shops, automotive fuel stations, tobacconist’s, technological and telecommunications equipment, Internet and remote business, dry cleaners and launderettes.

e) Hospitality and restaurant services are suspended, although services may be provided through home delivery.

f) The opening to the public of museums, archives, public spectacles, sporting and leisure activities, including cinemas, theatres, children’s playgrounds, bars, taverns, cellars (wine bars), cafés, ice cream shops, bar-restaurants, terraces and zoos is suspended.

g) Regarding public transport:

    • Public transport services by road, train, underground, aircraft and boat are maintained, reducing the supply by 50%.
    • Commuter trains shall maintain their current service.
    • Transport services which depend upon the autonomous community or local authorities subject to a public contract shall maintain their current offer of services.
    • This percentage may vary depending upon the criteria of the Ministry of Transport.
    • Service providers shall carry out daily cleaning on their vehicles, in accordance with what is set forth by the Health Ministry.

The Royal Decree points out that these measures are taken in order to guarantee that workers may travel to their workplaces.

h) Food supplies: the Competent Authorities shall adopt measures for guaranteeing the supply of products to the place of consumption, including food and basic necessities.

i) Customs transit: service shall continue with the appropriate measures which guarantee this.

j) Sanctions: it is important to know that the Authorities may impose sanctions on those who do not comply with or who resist orders given to them. We call for compliance and observation of the rules.

k) Administrative deadlines: deadlines are suspended and time limits for processing procedures in public sector entities are interrupted. Therefore, there shall be delays in the resolution of proceedings, processing in public registries, the granting of licenses, permits etc. However, the Administration may order measures to avoid serious damage to the rights and interests of the parties concerned who are affected by the suspension. There are no further details in this regard.

The Royal Decree also validates measures previously issued by the Government in connection with this crisis, such as that which declares professional sick leave for workers infected or confined because of the coronavirus.

Finally, it is important to emphasise that the measures highlighted above do not mean the paralysis of the country, but instead a reduction in non-essential activities for the functioning of the economy and the provision of public services, however, they do mean a temporary limitation on some of the rights of natural persons and legal entities. And secondly, that such measures may be prone to modification as the situation evolves and depending on the effects which they produce.

 

 

Vilá Abogados

 

For more information, please contact:

va@vila.es

 

16th March 2020