CANARIES WANT TO BE EXCLUDED IF STATE OF ALARM IS RE-ACTIVATED IN SPAIN
The Central Government in Madrid is considering the option of reactivating a national state of alarm in Spain, which does not mean a national lockdown, but does give them the ability to apply stronger local or regional restrictions, without having objections in the same way as they did from the Community of Madrid.
One of the things that the Ministry of Health is considering, is introducing a night-time curfew across the whole of the country, in a bid to bring down coronavirus infections. The executive believes, however, that it would need to do so under a state of alarm given that there is no other option that would give them the legal framework to limit a fundamental right, such as that of movement in this way.
If this is the case, then the Canary Islands will ask to be excluded from the curfew due to our geographical location, and the fact that the archipelago currently has "the most favourable indexes in all of Spain in the number of infections and the lowest cumulative incidence rates at both seven and fourteen days”, said the president of the Canary Islands, Ángel Víctor Torres.
According to the latest reports, the cumulative incidence of Covid in the Canary Islands is 79.41 cases per 100,000 inhabitants over 14 days and 38.40 per 100,000 over seven days, compared to a national average of 322, 94 and 169.17, respectively.
Article 116 of the Spanish Constitution describes three legal categories for emergency situations:
State of Alarm - Estado de Alarma.
State of Emergency - Estado de Excepción.
State of - Estado de Sitio.
It is the first one that was implemented by the Spanish government in March, paving the way for one of the strictest coronavirus lockdowns in the world.
The government can implement a state of alarm, but it needs the support of Spain’s lower house of parliament, the Congress of Deputies, if it is to extend it. In March, the government had support from the opposition for a state of alarm, but this backing ebbed away as the crisis deepened, and the emergency situation was eventually lifted in June when it became clear the executive, would not have the support it needed to extend it further.
At the moment they are looking at the possibility of a curfew between midnight and 6am where all citizens have to remain at home, but want an actual curfew, one where the police have powers to enforce the rules, which would necessitate a state of alarm.