Lockdown: What's allowed and what isn't?

Spain’s biggest law firm Garrigues has published an alert detailing the measures that have been put in place by the national government to ensure the authorities have at their disposal the supply of property and the services they need to effectively tackle the coronavirus outbreak.

So, when a government declares a state of emergency and announces a lockdown, which rights will you lose and which will you keep? Under the terms of Spain's state of emergency, the following measures have been adopted:

Free movement of persons or vehicles or remaining in specific places: Permitted activities and prohibited activities

People are prohibited from walking or driving in a private vehicle on public highways, except to perform specific authorized activities.

Authorized activities include 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. In addition, people are allowed to travel to their workplaces to perform their employment obligations, or a professional or business activity.

The opening to the public of all shops and retails outlets 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, hairdressers, 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 new law declaring a state of emergency 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.

Transport measures

As a result of the state of emergency, supplies of transport services have been reduced by 50 per cent, 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 an 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.

Suspension of procedural and administrative time periods, statutes of limitations and time bars

The state of emergency also means that with regard to court orders under procedural laws, time limits have been suspended and time periods have been interrupted. These time periods will resume when the state of emergency or any of its extensions cease to be in force. However, the interruption does not apply in circumstances that relate to:
 

• habeas corpus procedures, activities of on-call or duty services, surveillances services for prisons and correctional facilities and domestic violence services
   
• In the labor field, collective disputes and the protection of fundamental rights and freedoms
   
• In the context of judicial review, any cases related to the protection of fundamental rights
   
• In the context of civil law, any cases related to protection of minors or commitment for mental health disorders.

In addition, the state of emergency has the effect of suspending the time limits and interrupting the time periods for handling all the procedures of public sector entities, which will also resume when the state of emergency 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.

None of this will affect any procedures or decisions relating to scenarios closely linked to the facts giving rise the state of emergency.

Additionally, there is a suspension to 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 establishing the state of emergency ratifies the decisions of autonomous community governments, and therefore it will be necessary to study each case in detail.

The Royal Decree allows sanctions to be imposed as envisaged in the new law in the event of a breach of or resistance to orders by the competent authorities.

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.

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