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.