A passenger at the Barcelona airport. (Photo: PAU BARRENA via AFP via Getty Images)
The government does not plan to extend the state of alarm beyond May 9. Those are the intentions of the Executive, as Pedro Sánchez himself announced yesterday after the Council of Ministers. But what does it imply? Will mobility restrictions such as curfew or perimeter closures then cease to take effect?
Constitutional experts warn that, with this decline, the autonomous communities would return to the previous situation, so they could only adopt “ordinary measures” in health matters.
They point out that, only in very specific cases and using the Organic Law of Special Measures in Public Health Matters of 1986, could they limit the fundamental rights affected by the restrictions imposed to date.
The norm provides in its article 3 that “in order to control communicable diseases, the health authority, in addition to carrying out general preventive actions, may adopt the appropriate measures for the control of the sick, of the people who are or have been in contact with them and the immediate environment, as well as those deemed necessary in the event of a transmissible risk ”.
In this way, the jurists point out that, according to the regulations and with a judicial guarantee, perimeter closures could be considered in sanitary areas, neighborhoods or, in the most extreme case, cities. However, they discard it for an autonomous community as a whole. Likewise, it would be possible to restrict certain business hours or the hospitality industry.
Concepción Rodríguez, from the Independent Judicial Forum (FJI), reminds Europa Press that the limitation of …
This article originally appeared on The HuffPost and has been updated.