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In mid-July, the Constitutional Court (TC) overturned the first state of alarm declared by the Government of Pedro Sánchez, which lasted between March 14 and June 21, 2020.
This Wednesday, the same body concluded - although for different reasons - the extension
that was applied between November 9 of last year and May 9, 2021
had also been unconstitutional.
Both decisions imply the annulment of the sanctions imposed during those two periods.
Especially for violating restrictions on mobility.
If you are in that case, we will tell you how the process is.
NUMBER OF SANCTIONS
During the first state of alarm,
1,142,127 sanctions
were imposed
throughout the country, with the exception of the Basque Country and Catalonia, where almost another 90,000 were registered.
Regarding the six-month extension, there were at least another 220,296
fines according to the data released by the Ministry of the Interior in mid-March, one year after the start of the confinement.
AMOUNT OF FINES
The minimum fine amounted to 601 euros,
for an unauthorized movement and without concurrent circumstances.
That was the proposal
that the police forces applied in a majority way.
If the offender was recurrent, then the fine was doubled;
and
1,500 euros in case of traveling with more people or with minors,
people with disabilities or in vulnerable situations, especially in the vehicle, without just cause.
Making identification more difficult added 1,500 euros
and the maximum was 10,400 euros in the event of violence or threats to agents that were not a criminal offense.
WHO IMPOSED THEM?
Both the
Civil Guard and the National Police, the local and regional police (Mossos and Ertzaintza)
were authorized to impose fines for these reasons.
Although then the file could be
taken to the corresponding CCAA or to the provincial government delegation, the
latter case of which was processed as an infringement of the Citizen Security Law.
BERNARDO DÍAZ
DO I HAVE TO CLAIM?
A priori, no.
Both the central Government and the Generalitat or the Basque Government have already announced that they will proceed to the return of 'official' of the sanctions that have been collected.
At least in state sanctions, the citizen will not have to initiate any administrative file.
It will be enough to notify a bank account for the return.
But it has not been said when the process will begin.
"It seems great to me, but it is not the usual" says Mario Arnaldo, president of Automovilistas Europeos Asociados (AEA)
and who differentiates between two types of sanctions.
On the one hand, those that are still without subscribers, even if they are in the executive period, and that must be filed immediately.
On the other hand, those that have already been collected and must be returned.
In the event that the corresponding Administration does not do so, Arnaldo points out that
the so-called patrimonial responsibility of the State can be resorted to.
You cannot claim the return of the money, as the unconstitutionality sentences do not have (unless specified) retroactive effects.
But it can demand identical financial compensation from you for having been "clumsy" in legislative activity.
The term for this is one year from the publication of the judgment of the Supreme Court.
WHO SHOULD I GO TO?
To the Administration that would have charged us the fine and which can be both the City Council and the CCAA or the corresponding Government Delegation.
Never the DGT, since the agency dependent on the Interior did not have powers to instruct these complaints.
However, in
the second state of alarm, the TC has specifically overturned the limitations imposed by the Autonomous Communities in aspects such as the limitation of night hours;
for the entrances or exits of the same or the permanence of groups of people in public and private spaces.
And it is that the court considers unconstitutional both that the restrictions were approved by the regional presidents, and that the Government permanently delegated those powers to them.
"Although we will have to
wait for the sentence to be notified and published in its entirety to know its scope", they
specify from Bufete Prolegue-Pyramid Consulting.
According to the criteria of The Trust Project
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