The Spanish Government is assuming these powers with a state of emergency.
- The royal decree regulating the state of alarm has been in force throughout the Spanish State since March 14 and for fifteen days. The measures taken so far by the Autonomous Communities will continue to be in force until they are contrary to the provisions of this Decree. This Decree, among other things, limits the use of people on the street, prevents the opening of shops that are not considered basic and suspends parties and cultural services. It also submits agents, the foreign police and the doctors of Hego Euskal Herria to the direct orders of the ministers.
Citizens will only be able to leave their homes to buy food, medicines and products to meet their basic needs; go to the hospital; go to work; go home; perform care tasks; go to the bank.
The car can be used for these cases and for fuel disposal. The Minister of the Interior may, for reasons of public health, cut traffic on Basque roads.
Restricted shops
Shops and premises will not be able to open their doors. But these kinds of shops will be able to sell: food, beverages, commodities, pharmacy, optics and orthopedics, hygiene products, hairdressing, press and stationery, gas stations, shelves, technology and telecommunications stores, pet food store, telephone and email stores, dry cleaners and cleaning shops.
Buyers will only be able to stay in the shops for the time necessary to make their purchases and nothing will be consumed in them. Agglomerations shall be avoided and checks shall be made to ensure that there is a safe distance of one metre between buyers and sellers.
Interrupted leisure
The decree has suspended the festivities, the verbenas and the parades held in the towns. Other cultural infrastructures cannot open its doors: museums, archives, libraries, monuments, halls where events are held. The decree also suspends sports activities. Bars and restaurants, with the exception of home transport, may not serve either.
Redistribution of doctors and technical resources throughout the Spanish State
Given the need to manage this health crisis, the technical and medical resources of the Spanish State can be redistributed. Health centres and military doctors will also participate in the health system. The Minister of Health may also take decisions on private clinics and services and their temporary occupation.
Competency hierarchy: The President of Spain, four ministers, the highest authority and subordinate to these Governments
In the state of alarm, the decree states that the competence is the responsibility of the Government of Spain. The President is the Director-General and the Advisers, each in their field, have a lower level of authority: Minister of Defence; Minister of the Interior; Minister of Transport, Mobility and Urban Agenda; and Minister of Health. Competence in matters other than these Departments shall be vested in the Minister of Health. During the state of alarm, the State Committee shall be in place to assist the Government.
Point 6 of the Decree states that each administration will continue to have its own powers for the day-to-day management of its services and that each will be able to take its own measures within the framework that the Ministers of Spain referred to above build through their direct orders.
Of the Ertzainas and Local Police under the Spanish Minister of the Interior
Article 5 first states that the State Security Forces, the Autonomous Communities Police and the Local Police shall be subject to direct orders from the Minister of the Interior. All of them will have the function, according to the decree, of "protecting people, goods and places", and it will be possible to "establish special services, both for their duration and for their nature" for this type of police.
The Police shall ensure and prevent the services and activities interrupted by this Decree from being provided. The decree establishes that it is the duty of the citizens to "collaborate and not hinder" this police work. The Government may also resort to the use of the Armed Forces for the implementation of the measures provided for in the Decree and, as long as they act in these functions, the nature of the Armed Forces will be "of the agents of the authority".
Other measures defined by the Sectoral Decree are as follows:
Temporary requisition and compulsory benefits
Article 8 of the Decree provides that all types of goods may be temporarily required, especially for "the provision of security services or services to critical base operators". In order to achieve the objectives set by the Royal Decree, "where necessary, personal benefits may be provided".
The Minister of Health may temporarily occupy industries, factories, workshops and premises of any kind.
Education has no class, computer classes.
Classes will not be taught in all school cycles, not even in the university. The teaching will be done via the Internet. The decree does not specify whether teachers have to go to the center or work from home.
Need for media to introduce government messages
The media of all forms of ownership must necessarily include the "messages, announcements and communications" which the competent authorities deem necessary to send. The decree also gives this power to municipalities and autonomous communities.
Need to adapt residences and religious events
Access to religious residences and the holding of all kinds of religious events, including funerals, will be conditional on the distance of one meter between people.
Public transport: the need for private companies to halve the sale of tickets
In the case of public transport by road, air, rail and sea, which is operated by private operators, companies must reduce the sale of tickets by at least half. Short distance trains will maintain their services.
However, they shall maintain their normal offer where competition lies with local councils or autonomous communities and with public transport operated by public contract.
Facing the exceptional situation, without infringing any of the fundamental rights
The Royal Decree emphasizes in its introduction that these measures have been adopted to preserve the health and safety of citizens, maintain the evolution of the disease and strengthen the public health system. The Law defines the situation as "serious and exceptional" and states that the measures adopted are essential to cope with the situation, are proportionate to the extreme seriousness of the situation and do not imply the suspension of any of the fundamental rights as indicated in Article 55 of the Spanish Constitution.
Article 116.2
The Government of Spain has applied Article 116.2 of Organic Law 4/1982, of June 1, which regulates the "declaration of the state of alarm in all or part of the territory of the State in the event of health crises that seriously alter normality".
Here you can see in full the Royal Decree regulating the State of Alarm, published in the Official State Gazette on March 14.
