States of Emergency in Spain: Alarm, Exception, and Siege
State of alarm:
Case alterations Article 4 LO 4 / 81:
catastrophes, public calamities or disasters:
earthquakes, floods, forest and urban fires, major accidents.
Health crises:
epidemics, severe contamination
stoppage of essential public services when the circumstances are not guaranteed to strike and collective disputes
desbaratament situations of essential products if only happens in a CCAA President has directed the government to declare the alarm.
Procedure Rule 5 and 6 LO 4 / 81:
The declaration of a state of alarm is the government, either on its own initiative (ex officio) or at the request of the President of the Autonomous Community affected by such circumstances (art. 7 LO 4 / 1981). The agreement of ‘taken up by decree of the Council of Ministers, which must contain the territorial scope, duration and effects of the declaration of a state of alarm.
The maximum duration is 15 days and after this period may be extended expressly authorized by the Congress. It provides that the government delegated to the President of the Autonomous skills that are susceptible to these alarms (9 ART law 4 / 1981)
Measures adoptables state of alarm
Limit the movement or residence of persons or vehicles at certain times and practice all types of temporary requisitioning wellimpose personal benefits if required. Intervene and temporarily occupy industries, factories, workshops, farms, buildings of any kind except private homes. Limiting the use or rationing of services or items of consumption needs first EX rationing. Teach or give orders to ensure the supply of services and operation of markets and production centers affected by these essential items. Infermetats infectious. In case of health crises apply measures deemed necessary (health services). Former all vaccines. Business and intervention services
State of emergency (declared the government)
Circumstances (Article 13 of Law 4 / 1981):
Art. 13.1 of the LO 4 / 1981 establishes certain situations:
1. Severe alteration of the free exercise of rights and freedoms of citizens
2. Serious disruption of the functioning of democratic institutions
3. Serious disruption of the normal functioning of essential services
4. Other aspects of public
Procedure Rule 13.2:
The government adopts but has previously authorized by Congress and this authorization must determine: Effects Duration Territory (not to exceed 30 days in December, but these can be prorroglables to 30 days)
MEASURES ADOPTABLES state of emergency:
Art. 55.1 EC provides that rights may be suspended in the declaration of a state of emergency are:
Guarantees of freedom and personal security, regulated in Article 17 EC – the exception of paragraph 3 concerning the right to be informed of the rights of arrested and obtain the assistance of a lawyer -. The maximum period of detention as a result of the state of emergency is 10 days. The decision must be communicated to the judge within 24 hours.
Inviolability of the home and secrecy of communications (Article 18.2 and 3 EC). In a state of emergency may be carried out records without judicial authorization, but the LO 4 / 1981 provides some additional guarantees: to be done in the presence of two owners or residents, raising a record, and instant communication Judge.
Freedom of information and expression and the prohibition of abduction of communications (Art. 20.5 EC) may be suspended certain issues and allow the seizure of communications, without which there could be no case in prior censorship.
Rights of assembly and expression (Article 21 EC) – except functional meetings of parties, politicians, unions and business associations – with prior judicial authorization.
Right to strike and collective conflict (art. 28.2 and 37.2 EC).
In addition you can take the following steps:
In relation to foreigners they can apply a special legal system (art. 24 LO 4 / 1981) art. 25 LO 4 / 1981 states that “The authority may proceed to Gubernativa seizures of all kinds of weapons, ammunition or explosivas substances. Intervention Intervention arms industry and comerçosVigilància suspend exercise of the functions of their positions, when committed any crime in order, and the prosecutor requested provisional prison, the judge can not replace it, should do.
ordinance when it can not be resolved by other means. This kind of exceptional state can solve other crises that are not necessarily war. (when there is war can be declared state of siege, but not necessarily there must be war)
STATE OF SIEGE: Purpose of the State of Siege:
The purpose of the declaration of a state of siege is in response to a crisis of identity that goes directly against the State and its order, if not resolvable by other means. This kind of exceptional state can solve other crises that are not necessarily war. (when there is war can be declared state of siege, but not necessarily there must be war)
Procedure:
The state of emergency has been declared by an absolute majority of the Congress a proposal solely on the Government. The statement must include: the territorial scope, the timeframe il’àmbit material. There is no provision for a maximum term of this state will last as long as the crisis situation.
Effects:
The main feature of the state of siege is the militarization of public power, since it represents a submission to military discipline (the discourses) of public authorities. You can have the same effects as a state of emergency, but adding the possibility of suspending paragraph 3 of art. 17 EC in relation to the legal guarantees of detainees, that is, the person may be arrested without the assistance of a lawyer and the judge may not find out about the arrest. Art. 15 EC provides the right to life, except the laws that have military time pitcher, but the Organic Law 11/1995 abolishes the death penalty. However, the law is inferior to the Constitution, and therefore it is possible the death penalty in wartime.