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| state of alarm (Spain) | |
|---|---|
| Name | State of Alarm (Spain) |
| Native name | Estado de alarma |
| Country | Spain |
| Legal basis | Organic Law 4/1981 |
| First declared | 1981 (first modern use) |
| Typical causes | health crises, natural disasters, supply disruptions, civil unrest |
state of alarm (Spain) is an exceptional constitutional measure in the Kingdom of Spain provided by Organic Law 4/1981 to address crises such as public health emergencies, natural disasters, and severe supply shortages. It operates within the framework of the Constitution of Spain and interacts with institutions including the Council of Ministers (Spain), the Congress of Deputies, and the Spanish Senate. The mechanism has been invoked in response to events ranging from the 1981 Spanish coup d'état attempt aftermath to the COVID-19 pandemic in Spain, engaging actors such as the Prime Minister of Spain, regional presidents like those of Catalonia and Community of Madrid, and bodies such as the Supreme Court of Spain and the Constitutional Court of Spain.
Organic Law 4/1981 establishes the state of alarm as one of three emergency regimes alongside the state of exception and the state of siege, defining its legal basis within the Constitution of Spain and allocating powers among the Government of Spain, autonomous communities like Andalusia and Basque Country, and local authorities such as the City Council of Madrid. The statute specifies triggers including disruptions to essential services affecting entities such as RENFE, AENA, Endesa (company), and supply chains involving ports like Port of Barcelona and airports like Adolfo Suárez Madrid–Barajas Airport. Judicial oversight involves courts such as the National Court (Spain) and appeals to judges from the Audiencia Nacional.
The law was drafted after transitional crises following the Spanish transition to democracy and the 1978 Spanish Constitution, influenced by events including the 1978 Andalusian autonomy referendum and security concerns highlighted by the 1981 Spanish coup d'état attempt led by Antonio Tejero Molina. Influences include comparative frameworks from countries like France (state of emergency), Germany (Verfassungsrecht), and international instruments such as the European Convention on Human Rights and rulings from the European Court of Human Rights. Debates in the Congress of Deputies and political parties including the Spanish Socialist Workers' Party and the People's Party (Spain) shaped provisions on limits, duration, and parliamentary control.
Declaration begins with a proposal by the Prime Minister of Spain and adoption by the Council of Ministers (Spain); the measure must be communicated to and ratified by the Congress of Deputies within specified timeframes, involving presiding officers from the Congress of Deputies and the President of the Senate. Competent authorities include the Ministry of Health (Spain) for health crises, the Ministry of Interior (Spain) for public order, and regional presidents such as the President of the Generalitat de Catalunya for matters within Catalonia. Coordination mechanisms involve agencies like the Spanish Civil Guard, the National Police Corps (Spain), and the Directorate-General for Civil Protection and Emergencies.
The law permits temporary measures such as requisitioning property belonging to companies like Renault España or utilities like Naturgy, restrictions on movement enforced by forces including the Guardia Civil and the Cuerpo Nacional de Policía, and controls over transportation sectors including AVE high-speed rail and airlines like Iberia. It limits certain rights protected by the Constitution of Spain but forbids suspension of fundamental rights reserved to the state of exception and state of siege, ensuring oversight by institutions such as the Constitutional Court of Spain and the Ombudsman (Spain). Sanctions and enforcement can involve prosecutors from the Spanish Public Prosecutor's Office and rulings from provincial Audiencias Provinciales.
Notable invocations include measures related to the aftermath of the 1981 Spanish coup d'état attempt and the 2010s responses to crises involving strikes at ports like Port of Algeciras; the most prominent recent case was the 2020 declaration during the COVID-19 pandemic in Spain, when the Council of Ministers (Spain) imposed nationwide restrictions affecting cities such as Barcelona, Madrid, and Valencia and engaging ministries like the Ministry of Health (Spain) and agencies such as the Centro de Coordinación de Alertas y Emergencias Sanitarias. Other case studies involve regional emergencies in Murcia and Canary Islands where coordination with the European Union mechanisms and agencies like the European Centre for Disease Prevention and Control played roles. The 2020 episode generated litigation before the Supreme Court of Spain and the Constitutional Court of Spain, and political controversies involving parties such as Vox (political party) and Podemos.
Legal challenges have contested proportionality and parliamentary oversight, with cases brought before the Constitutional Court of Spain, the Supreme Court of Spain, and international bodies such as the European Court of Human Rights. Litigants have included regional governments like Catalonia and civil society organizations such as Amnesty International and Observatori del Deute en la Globalització, arguing about compatibility with rights in the European Convention on Human Rights and articles of the Constitution of Spain. Debates engaged legal scholars from institutions like the Complutense University of Madrid and the University of Barcelona, and prompted legislative proposals in the Congress of Deputies to amend Organic Law 4/1981.
Organic Law 4/1981 sets initial durations renewable by parliamentary approval in the Congress of Deputies, with transition measures involving ministries such as the Ministry of Health (Spain) and the Ministry of Transport (Spain) for phasing out restrictions on entities like RENFE and AENA. Termination of a state of alarm can be effected by the Council of Ministers (Spain)],] by expiry, or by judicial rulings from the Constitutional Court of Spain, triggering recovery and compensation processes involving the Spanish Treasury and regional administrations such as Galicia and Valencian Community. Post-emergency reviews often involve commissions in the Cortes Generales and reports by agencies such as the National Statistics Institute (Spain).