The action of the Spanish Parliament during the state of alarm for the management of the COVID-19 outbreak

Abstract

By Royal Decree 463/2020, of March 14, the Government declared the state of alarm in the whole Spanish territory, for the management of the situation caused by the COVID-19 outbreak. This figure, with a history in our constitutionalism and now regulated in article 116.2 of the Spanish Constitution, has only a precedent in 2010 when, on December 4, the state of alarm was declared for the normalization of the air traffic essential service, as a consequence of the crisis caused by the air traffic controllers. However, the particularity that underlies the current declaration, for there are public health reasons behind it, calls for a new reflection around this figure. In particular, it is necessary to study how the Parliament, democratic institution par excellence, has tried to adapt its procedures, demanded by article 116.5 of the Spanish Constitution, to the required sanitary measures. Likewise, it concludes with the analysis of some constitutional questions that have been raised, as a consequence of the declaration of the state of alarm: more specifically, the question of the adequacy of the state of alarm, the compliance of its functions by the Chambers during the state of alarm, and, lastly, the articulation of telematic sittings.