Due to the current situation in Spain, in which the State of lockdown has been declared in Spain, our lawyers in Marbella offer their advice by teleworking.

When can the Spanish Government declare a state of lockdown in Spain?

The Government may declare a state of lockdown, in all or part of Spanish territory, when any of the following serious alterations to normal occur:

A, Public catastrophes, calamities or misfortunes, such as earthquakes, floods, urban and forest fires, or major accidents.

B. Health crises, such as epidemics and serious contamination situations.

C. Paralysis of essential public services for the community.

D. Situations of shortages of basic necessity products.

How long can the state of lockdown take in Spain?

The state of lockdown may not exceed fifteen days. That if an extension of the same can take place as long as it is carried out with the express authorization of the Congress of Deputies, which in this case may establish the scope and conditions in force during the extension.

Who is the competent authority when the state of lockdown is declared in Spain?

The competent authority is the Spanish Government, but the Spanish Government may delegate powers to Spanish regions when the declaration exclusively affects all or part of the territory of some regions of Spain.

Consequences of the declaration of the state of lockdown in Spain?

When the state of lockdown is declared in Spain, all the Civil Authorities of the Public Administration of the territory affected by the declaration, the members of the Police Forces of the Spanish regions and of the Local Corporations, and the other officials and workers at the service of the same, will be under the direct orders of the competent Authority as necessary for the protection of people, property and places, being able to impose extraordinary services for their duration or their nature.

What measures can the Government take when declaring a state of lockdown in Spain?

Thus, the Spanish Government may agree on the following measures:

A. Limit the movement or permanence of people or vehicles at specific times and places, or condition them to fulfil certain requirements.

B. Practice temporary searches of all kinds of goods and impose mandatory personal benefits.

C. Intervene and temporarily occupy industries, factories, workshops, farms or premises of any nature, with the exception of private homes, reporting to the Ministries concerned.

D. Limit or ration the use of services or the consumption of basic necessities.

E. Issue the necessary orders to ensure the supply of the markets and the functioning of the services and production centers affected by situations of shortages of basic necessity products.