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  • Policy: Pedro Sánchez proposes to extend the state of alarm for at least one month and applicable by territory

Pedro Sánchez has announced his intention to extend the state of alarm one "last time" and thus maintain sole command -with some flexibility towards the CCAA- , and the restriction of freedoms of movement and assembly -with some relief-, by a duration of "about a month". The Prime Minister will have to make his claim very concrete in the Council of Ministers next Tuesday, before going to Congress on Wednesday, because with the details that the Chamber has provided today, he could not approve it.

Can the President request an alarm state lasting more than 15 days? Yes. The strict term of 15 days is obligatory only for the first decree of state of alarm that is approved by the Executive, without the need for authorization from Congress, although the House must be informed of it. In the event that the Government wants to extend the situation of constitutional exceptionality, then the authorization of Congress is essential, which is the body that decides "the conditions and scope" of said extension. Until now, Sánchez has requested extensions of 15 days but he can go to the headquarters of the national sovereignty with a longer proposal; It will be the Chamber that decides, with more votes in favor than against, whether or not to accept the new term. Can Pedro Sánchez request an extension without a clear end date? The extension decree approved by the Council of Ministers next Tuesday and sent to Congress must specify the territorial scope, duration and effects of the state of alarm. In short, it is not enough to ask for "about a month" or to use ambiguous formulas of the type "while the de-escalation lasts" or "as long as there is risk". The decree must clarify precisely how long the requested extension lasts: 15 days, three weeks, four, five ..., in order to establish the exact date on which it will decline. Can the alarm state be lifted? before the extension authorized by Congress ends? Yes. In the event that the "extraordinary circumstances" that motivate it disappear or can be controlled by the ordinary powers of the competent authorities, the Government may decree the lifting before the end of the period authorized by Congress. Does it have a state of alarm always apply to the entire national territory? The state of alarm can affect all or only part of the national territory. As a consequence, the Government could request authorization from Congress next Wednesday to maintain it for, for example, five weeks, in all of Spain, but could subsequently lift it in some territories yes and in others no. Could the Government maintain sole command? in the territories that were not under the state of alarm? The state of alarm grants the central executive exceptional powers as the only competent authority that, where appropriate, can be delegated in whole or in part to the presidents of the CCAA. But if the alarm is raised in some territory, the authorities of the same recover all competencias.¿Qué if Congress votes against the request of Pedro Sanchez? If the request of the President of the Government fails more yeses than noes the Next Wednesday, the alarm status will drop on the date scheduled for the end of the fourth extension, that is, at 00:00 on May 25. This would put an end to the single command and the restrictions on the rights of movement and assembly. The autonomous governments would regain all their powers and, if necessary, they should be the ones that, using the public health and civil protection laws, establish the appropriate limitations. If the extension is not authorized, could the Government decree a New state of alarm The consulted jurists consider that the Government could not, in this case, decree a new state of alarm. They believe that, if they did, it would be a fraud of law.

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  • Pedro Sánchez
  • Spain
  • State of alarm
  • Coronavirus
  • Covid 19
  • Lockdown
  • Lack of confidence
  • Descaled
  • Congress of Deputies

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