Many people wonder what will happen with the end of the state of alarm on May 9. The regional executives already know that from that day on they will be without legal coverage when taking measures.
Something that has not been liked but that the President of the Government, Pedro Sánchez, reaffirms with the end of the state of alarm. Faced with this situation, The Autonomous Communities have already begun to study the legal framework that protects future decisions regarding the spread of COVID.
According to the expert in Constitutional Law from the University of Granada, Agustín Ruiz Robledo: "The state of alarm is an exceptional regulation and, if it ends, many of its rules will not be applicable because they are limitations on fundamental rights, such as curfew or perimeter confinements".
In this sense, the Executive insists that current legislation allows the CCAA to take the measures they deem appropriate. On the other hand, health professionals are afraid of possible spikes that require more restrictive measures.
In this situation, the only safe solution with the end of the alarm state is the Public Health Act of 1986. This law allows administrations to take extraordinary measures for health reasons of need or urgency. However, it does not protect against measures that affect the fundamental rights described above..
The control of commercial activity hours or the control of capacity is covered under Law 2/2021 of March 29. They are restrictions that do not violate fundamental rights and they do not need prior judicial authorization to apply. But they can be appealed, so courts must decide whether to suspend or endorse it.
The expert, Ruiz Robledo, regrets that in his day the Government did not prepare legislation with specific measures to contain the pandemic. In this line, the doctor in Law, Juan Manuel Herreros López, agrees. "Neither communities nor municipalities can limit fundamental rights such as free movement or the right of assembly without the coverage of the state of alarm".
Ángel Víctor Torres, President of the Government of the Canary Islands, has asked the central government for measures that are allowed by law to take in the archipelago if the state of alarm finally falls. It considers that among these measures should appear the obligation of controls at airports and ports.
It also points out any mechanism that helps control meetings, in private and public spaces. On the other hand, the need for PCR tests or negative antigen tests for inter-island mobility.
Jose Jonay Ojeda, spokesperson for the Spanish Society of Health and Health Administration, states: "I do not think that any colleague from Public Health prefers to dispense with legal coverage." It also adds: "In the coming months there is no guarantee that sufficient vaccination coverage will be given to have a positive impact on the control of the pandemic".
Therefore, The concern derives from the possibility of needing a measure that restricts fundamental rights again. However, it cannot be given due to the lack of legislation.
It is vital to emphasize to citizens the "individual responsibility" to avoid the spread in the absence of legal measures.
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