By Cassandra • Updated: 14 Dec 2023 • 9:40
Image: Shutterstock/Dmitry Demidovich
The Royal Decree 463/2020 of 14th March, declares a state of alarm for managing the health crisis situation caused by the COVID-19. Given the international pandemic situation declared on March 11 by WHO and the high number of cases of COVID-19, the National Government applies the state of alarm, emergency and siege, to being involved in a health crisis involving serious disruptions to normal activities. These are temporary measures that do not imply the suspension of any fundamental rights, as provided for in the Spanish Constitution (Art. 55) Nor tax deadlines are suspended. So, no deadlines are suspended for submitting tax declarations and self-assessments.
During the alarm status period, people may only use roads or public spaces to carry out the following activities, which shall be individually undertaken, unless accompanying persons with disabilities, children, elderly, or otherwise justified“.
During the term of the alarm status people can only travel on public roads used to carry out the following activities:
Interpretative notes:
The Minister of Transport is authorized to issue the necessary Acts and Regulations to establish conditions for mobility services in order to protect persons, property and places.
Failure or resistance to the orders of the competent authorities in the state of alarm shall be punished according to law under the terms set out in Article Ten of the Organic Law 4/1981, of 1 June.
However, the judge or court may order the practice of any legal action necessary to avoid irreparable damage.
The suspended terms and deadlines for processing the procedures of the public sector entities are suspended. The deadlines will resume at the time when the royal decree loses its present force or, where appropriate, the extensions of the same.
The suspension of terms and disruption of deadlines apply to the entire public sector defined by Law 39/2015, dated 1 October (LPA). According to Article 2, the public sector comprises:
However, the body responsible may agree, by reasoned decision, the management measures and instruction strictly necessary to avoid serious prejudice to the rights and interests of the person concerned in the proceedings and whenever it manifests its agreement, or where the party concerned declares his accordance with the deadline not be suspended.
Limitation periods and expiration of any actions and rights shall be suspended during the term of the state of alarm and, where appropriate, of the extensions, are adopted.
During the term of the state of emergency, the Government may issue successive decrees modify or expand the measures set out in this.
The present royal decree came into force at the time of its publication in the Official Gazette, in a special issue, the second on Saturday.
Although the BOE does not specify the time was around eight o’clock in the evening on Saturday 14 March 2020.
It is Royal Decree 465/2020 of 17 March, amending Royal Decree 463/2020 of 14 March, the alarm state is declared for managing the health crisis situation caused by COVID-19.
The suspension of the terms and interruption of periods shall not apply to administrative procedures in the areas of affiliation, liquidation and contribution of the Social Security.
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