1.- The Royal Decree Law (RDL) 463/2020, of March 14 has declared the State of Alarm throughout the national territory for the management of the health crisis situation caused by COVID-19, in accordance with the elevation from the Emergency situation to the International Pandemic, by the World Health Organization (WHO) on the 11th of this month.
The most important measures adopted in the RDL 464/2020 are the following:
Restriction of free movement of people.
During the validity of the alarm state, people can only circulate on public roads to do the following activities:
- a) Acquisition of food, pharmaceuticals and essential goods.
- b) Attendance to health centers and health services.
- c) Travel to the workplace to carry out their work.
- d) Return to their habitual residence.
- e) Assistance and care of older people, dependant children, disabled or particularly vulnerable people.
- f) Travel to financial and insurance entities.
- g) Due to force majeure or serious need.
- h) Any other activity of a similar nature, which shall be done individually, unless accompanying people with disabilities or for any other justified cause.
Containment measures in educational and training areas.
- On-site educational activity is suspended in all centers and stages, cycles, degrees, courses and levels of education included in article 3 of Organic Law 2/2006, of May 3, on Education, including university education, as well as any other educational or training activities taught in other public or private centers.
- During the suspension period, educational activities will be performed remotely and online, whenever possible.
Containment measures in the area of commercial activity, cultural facilities, leisure establishments and activities, hotels and restaurants and other additional activities.
The opening to the public of retail establishments and shops is suspended, except for commercial establishments of food, beverages, basic necessities, pharmacies, medical facilities, optical and orthopedic products, hygienic products, hairdressers, newspapers and tationery, automotive fuel, tobacconists, technological and telecommunications equipment, pet food, internet, telephone or mail commerce, dry cleaners and laundries. Any other activity or establishment that the competent authority can consider a risk of contagion is suspended.
Hotel and restaurant activities are suspended, exclusively home delivery services can be provided.
Non-compliance or resistance to the competent authorities instructions during alarm state shall be sanctioned according to the law, in the terms established in article ten of Organic Law 4/1981, of June 1.
Suspension of procedural deadlines.
- Termination dates are suspended and periods established in procedural law are suspended and interrupted for all juridical orders. Deadlines calculation shall continue when the current royal decree or, where appropriate, its extensions, become invalid.
- In the criminal jurisdiction, suspension and interruption shall not apply to habeas corpus procedures, to proceedings given to guard services, to actions with arrested people, to protection orders, to urgent actions regarding prison supervision and any precautionary measures regarding violence against women or children.
Likewise, in the pre-trial stage, the competent judge or court may accept the practice of actions that, due to their urgent nature, cannot be postponed.
- Regarding the rest of juridical orders, the interruption mentioned in the first paragraph shall not apply to the following cases:
- The procedure for the protection of individuals’ fundamental rights provided in articles 114 and following of Law 29/1998, of July 13, regulating the Contentious-Administrative Jurisdiction, nor the processing of judicial authorizations or ratifications provided in article 8.6 of the aforementioned law.
- The procedures for collective conflict and for the protection of fundamental rights and public liberties regulated in Law 36/2011, of October 10, regulating social jurisdiction.
- The judicial authorization for non-voluntary internment due to mental disorder provided in article 763 of Law 1/2000, of January 7, on Civil Procedure.
- The adoption of measures or provisions for children protection provided in article 158 of the Civil Code.
- Notwithstanding the provisions of the preceding paragraphs, the judge or court may accept the practice of any judicial actions that are necessary to avoid irreparable damage to the legitimate rights and interests of the parties in the process.
2.- In addition, the Social Security Ministry has published Instructions regarding health services report.
Only the doctors of the Public Health Services (PHS) shall issue the note of illness and healing in all cases of coronavirus, both in isolation and disease situations and to all workers who may need it, for all health personnel and for other workers.
Therefore, in no case, those notes may be issued by the doctors of Mutual Entities collaborating with Social Security (MCSS), by the Navy Social Institute or by Collaborating Companies.
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