The Royal Decree came into force on that same date, March 14, when it was published in the Official State Gazette. While the state of emergency is in force, successive decrees may be issued amending or broadening the ordered measures. The state of emergency has been declared for fifteen calendar days, until March 30, 2020, although it could be extended.
The Royal Decree is issued under Organic Law 4/1981 of June 1 (the “Organic Law”).
As may be inferred from the Royal Decree, the Spanish government’s council of ministers has decided to adopt measures in each and every one of the categories of activities allowed by the Organic Law.
In addition to the measures related to temporary requisitions of property or mandatory personal obligations, measures to ensure the supply of property and services needed for health, food, power and essential services, the following measures having a general impact on business or professional activities have been adopted:
1.- Free movement of persons or vehicles or remaining in specific places. Allowed activities and prohibited activities
It is prohibited for any citizen to walk or drive in a private vehicle on public highways, except to perform specific activities.
Among those authorized activities, in addition to those necessary to purchase food, hygiene or pharmaceutical products, attend health centers or financial institutions or insurance companies, attend to people in need or other force majeure or similar activities, it is allowed for people to travel to their workplaces to perform their employment obligations, or a professional or business activity.
The opening to the public of all retail establishments and premises has been suspended, except for any used for the sale of food, for people or animals, drinks or hygiene or “basic need” products, pharmacies, medical services, opticians, orthopedic products, press and stationery supplies, hairdresser’s, fuel for vehicles, tobacconists, technology equipment, telecommunications, dry cleaners, laundries and sales online, by phone or by correspondence.
The opening to the public of museums, libraries, monuments, archives and premises or establishments for shows, leisure or sports, together with any type of festival or public event has been suspended.
Hospitality and restaurant services have been suspended, except for home deliveries. The government has reserved the right to suspend any other activity or establishment, which, in its judgment, may entail a risk of contagion.
The Royal Decree adds that the use of the commercial establishments that are allowed to open requires measures to be taken to ensure that consumers only perform their purchases of basic need products, that crowds are avoided, and that people keep a safe distance from each other of at least one meter.
2.- Transport measures
The Royal Decree has reduced supplies of transport services by 50%, and makes a distinction among passenger transport, whatever the mode, provided by companies under a contract or subject to a public service obligation or completely private companies, except for local (cercanias) railway services and passenger transport services falling within the powers of autonomous community or local governments, which have been kept running in their entirety. It also requires the adoption of daily cleaning and disinfection measures along with separation measures to avoid contagion among passengers, and for tickets to contain warning measures advising people not to travel.
3.- Suspension of procedural and administrative time periods, statutes of limitations and time bars
Additional provision two of the Royal Decree states that for all court orders under procedural laws, the time limits have been suspended and the time periods have been interrupted. These time periods will resume when the Royal Decree or any of its extensions cease to be in force. This interruption will not apply in the cases specifically mentioned in the Royal Decree, relating basically to:
- In the criminal jurisdiction, habeas corpus procedures, activities of on-call or duty services, surveillances services for prisons and correctional facilities and domestic violence services.
- In the labor jurisdiction, collective disputes and the protection of fundamental rights and freedoms.
- In the judicial review jurisdiction, any related to protection of fundamental rights.
- In the civil law jurisdiction, any relating to protection of minors or commitment for mental health disorders.
Additional provision three suspends the time limits and interrupts the time periods for handling all the procedures of public sector entities, which will also resume when the Royal Decree or any of its extensions cease to be in force. This suspension or interruption will apply across the public sector, namely, to central government, autonomous community government, local government, and public sector institutions. It nevertheless allows the competent public bodies to order on a reasoned basis any measures they consider necessary to avoid serious harm to the rights and interests of interested parties in proceedings, provided these parties state their acceptance of those measures or with the fact of not suspending the time period.
None of this will affect any procedures or decisions relating to scenarios closely linked to the facts giving rise the state of emergency.
Additional provision four suspends the statute of limitations periods and time bars in respect of any types of action and rights while the state of emergency is in force.
The Royal Decree ratifies the decisions of autonomous community governments, and therefore it will be necessary to study each case in detail. The attachment contains the main decisions, announcements or notifications by autonomous community governments on this subject.
The Royal Decree allows sanctions to be imposed as envisaged in the Organic Law in the event of a breach of or resistance to orders by the competent authorities.
Lastly, a reminder that, under article 3.2 of the Organic Law, anyone who, as a result of implementation of the decisions and provisions adopted while the state of emergency is in force, suffers, directly or personally, or to their rights or property, any damage or losses caused by acts not attributable to them, will be entitled to be indemnified as envisaged in the laws.
APPENDIX
Principal resolutions, decisions, announcements and communiqués issued by the various authorities of the different autonomous communities and autonomous cities
Order of March 13, 2020, adopting public health preventive measures in Andalucía Autonomous Community as a consequence of the situation and evolution of the coronavirus (COVID-19).
Decision of March 13, 2020, of the Government Council, taking onto consideration the application in the Andalucía University System of the public health preventive measures, from March 16 to 30, 2020, in compliance with the provisions of the Order of the Regional Minister for Health and Families on this subject.
Order SAN/207/2020, of March 13, 2020, of the Regional Health Minister, adopting public health preventive measures and recommendations in Aragón Autonomous Community due to the situation and evolution of COVID-19.
Resolution of March 13, 2020, of the Regional Health Ministry, adopting public health measures in relation to public shows, recreational activities, establishments, premises and facilities in the Principality of Asturias.
Decree Law 6/2020, of March 12, 2020, on urgent measures in relation to healthcare, budgetary, financial, fiscal and public procurement matters, in order to alleviate the effects of the pandemic due to the SARS-CoV-2 coronavirus.
Resolution SLT/737/2020, of March 13, 2020, adopting supplementary measures for the prevention and control of infection with SARS-CoV-2 S.
Resolution SLT/720/2020, of March 13, 2020, adopting new additional measures for the prevention and control of infection with SARS-CoV-2.
Resolution SLT/719/2020, of March 12, 2020, adopting additional measures for the prevention and control of infection with SARS-CoV-2.
Resolution SLT/704/2020, of March 11, 2020, adopting social distancing measures in relation to crowded events for the prevention and control of infection with SARS-CoV-2.
Resolution, of March 13, 2020, of the Regional Health Minister, adopting preventive measures in Cantabria Autonomous Community as a consequence of the epidemiological evolution of the coronavirus (COVID-19).
Decree 8/2020, of March 12, 2020, of the President of the Government of the Autonomous Communities, on extraordinary measures to be adopted due to the coronavirus (SARS-CoV-2).
Decision 9/2020, of March 12, 2020, of the Government of Castilla y León, on measures to be adopted at workplaces under the control of the Administration of the Autonomous Community due to COVID-19.
Correction of errors of Decision 9/2020, of March 11, 2020, of the Government of Castilla y León, on measures to be adopted a workplaces under the control of the Administration of the Autonomous Community due to COVID-19.
Order SAN/306/2020, of March 13, 2020, extending the preventive measures in relation to COVID-19 for the entire population and the territory of Castilla y León Autonomous Community.
Order EDU/308/2020, of March 13, 2020, setting out the operation of non-university teaching centers of Castilla y León Autonomous Community, whose face-to-face teaching activity and extracurricular activities have been suspended as a consequence of the coronavirus, COVID-19
Order SAN/300/2020, of March 12, 2020, extending the preventive measures in relation to COVID-19 for the entire population and the territory of Castilla y León Autonomous Community.
Order SAN/295/2020, of March 11, 2020, adopting preventive measures and recommendations in relation to COVID-19 for the entire population and the territory of Castilla y León Autonomous Community.
Resolution of March 13, 2020, of the Second Vice President and Regional Minister, ordering the publication in the Official Gazette of Extremadura of the Decision of the Government Council of the Regional Government of Extremadura of March 12, 2020, adopting public health preventive measures in relation to educational activity in Extremadura as a consequence of the situation and evolution of the coronavirus (COVID-19).
Resolution of March 13, 2020, of the Technical General Secretariat of the Regional Ministry of the Presidency, Public Administration and Justice, publishing the Decision of the Council of the Regional Government of Galicia, of March 13, 2020, declaring a health emergency situation in the territory of Galicia Autonomous Community and activating the territorial Emergency Plan of Galicia (Platerga) at level IG (emergency affecting Galicia), as a consequence of the evolution of the COVID-19 coronavirus epidemic.
Resolution of the Director General of Public Health and Participation establishing control measures in relation to the holding in the territory of the Balearic Islands of certain events with public attendance including sporting events consisting of non-qualifier sports events.
Decision of the Governing Council of March 13, 2020 approving the Exceptional Measures Plan to Limit the Spread of and Infection with COVID-19.
Decree on the organization of the services and functions of the Council of Mallorca and of its autonomous bodies in order to address the containment measures for the situation created by the COVID-19 coronavirus.
Decree of the President of the Council of Mallorca, dated March 13, 2020, on preventive, protective and organizational measures applicable to the personnel of the Council of Mallorca, the IMAS (Mallorca Social Affairs Institute) and the rest of its autonomous and bodies and entities under its control due to the COVID-19 coronavirus.
Order 338/2020, of March 9, 2020, of the Regional Health Ministry, adopting public health preventive measures and recommendations in Madrid Autonomous Community as a consequence of the situation and evolution of the coronavirus (COVID-19).
Order 344/2020, of March 10, 2020, of the Regional Health Ministry, adopting public health preventive measures in Madrid Autonomous Community as a consequence of the situation and evolution of the coronavirus (COVID-19).
Order 348/2020, of March 11, 2020, of the Regional Health Ministry, adopting public health preventive measures in Madrid Autonomous Community as a consequence of the situation and evolution of the coronavirus (COVID-19).
Order 367/2020, of March 13, 2020, of the Regional Health Ministry, adopting public health preventive measures in Madrid Autonomous Community as a consequence of the situation and evolution of the coronavirus (COVID-19).
Resolution of March 11, 2020, of the Directorate General of Public Health of Madrid Autonomous Community, adopting public health measures in relation to the activity of occupational centers which provide care for persons with intellectual disabilities and early-care social services for minors.
Joint Order of the Regional Ministries of Health, Education and Culture and of Employment, Research and Universities, adopting additional measures in relation to the Coronavirus global pandemic
Order of the Regional Health Ministry activating the Territorial Civil Protection Plan of Murcia Region (PLATEMUR) to address the Coronavirus (COVID-19) global pandemic.
Order of the Regional Health Ministry adopting measures supplementing the Order of the Regional Health Ministry activating the territorial civil protection plan of Murcia Region (PLATEMUR) to address the Coronavirus (covid-19) global pandemic of March 13, 2020.
Regional Order 3/2020, of March 13, 2020, of the Regional Health Ministry, adopting public health preventive measures and instructions as a consequence of the situation and evolution of the coronavirus (COVID-19).
Regional Order 47/2020, of March 12, 2020, of the Regional Minister of the Presidency, Equality, Public Service and the Interior authorizing measures to be adopted at the workplaces under the control of the Administration of Navarre Autonomous Community and its autonomous bodies due to COVID-19.
Resolution of March 11, 2020, of the Technical General Secretariat of the Regional Ministry for Social Services and Citizenry, ordering the publication of the Decision of the Government Council on preventive measures and recommendations relating to the coronavirus (COVID-19) infection.
Resolution of March 11, 2020, of the Regional Health Ministry, on preventive and therapeutic measures related to the coronavirus (COVID-19) infection.
Resolution 441/2020, of March 11, 2020, of the Directorate General of Public Service, establishing measures to be adopted in relation to personnel management in the workplaces under the control of the General Administration of La Rioja Autonomous Community due to the coronavirus (COVID-19) infection.
Resolution of March 13, 2020, of the Regional Minister for Universal Health and Public Health, ordering special preventive measures in relation to public shows, recreational activities, sociocultural activities and public establishments, in order to limit the spread of and infection with COVID-19.
Resolution of March 13, 2020, of the Regional Ministry of Universal Health and Public Health, ordering exceptional measures for cultural, recreational or leisure events, operated publicly and privately, in Valencia Autonomous Community, in order to limit the spread of and infection with Covid-19.
Resolution of March 12, 2020, of the Regional Ministry of Universal Health and Public Health, ordering exceptional measures in relation to leisure centers specialized in Care for the Elderly (CEAM), retired persons’ social clubs, senior citizens’ social clubs and similar venues, regardless of their ownership, having a cultural or leisure purpose, in order to limit the spread of and infection with Covid-19.
Resolution of March 12, 2020, of the Regional Ministry of Universal Health and Public Health, ordering exceptional measures in relation to leisure, cultural and similar activities and trips, organized by social and educational centers of any level, association, cultural entity or others, within or outside Valencia Autonomous Community, in order to limit the spread of and infection with Covid-19.
Resolution of March 11, 2020, of the Regional Ministry of Universal Health and Public Health, ordering exceptional measures for festive events and public gatherings, in Valencia Autonomous Community, in order to limit the spread of and infection with Covid-19.
Decree of the Regional Ministry for Health, Consumer Affairs and Governance of the City of Ceuta, Francisco Javier Guerrero Gallego, of March 13, 2020, correcting errors in the previous Decree of March 13, ordering exceptional measures to limit the spread of and infection with COVID-19.
