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Limit or ration the use of services or the consumption of essential items

Posted: Sun Dec 22, 2024 10:26 am
by Joywtome21
In accordance with Article 116 of the Constitution and Organic Law 4/1981 , of June 1, regulating the States of Alarm, Exception and Siege. In these last two states (exception and siege) some fundamental rights may be suspended.

The declaration of states of alarm, exception or siege is appropriate when extraordinary circumstances make it impossible to maintain normality through the ordinary powers of the competent Authorities.

The application of the measures taken must always be proportional to the objective taiwan business mailing list sought . The status and the measures must be published in the BOE for them to have legal effects. These acts can be challenged in court, which is where proportionality, justification, and whether there is abuse and whether compensation is appropriate will be examined.

State of alarm
It will be declared by the Government by means of a Decree agreed upon by the Council of Ministers for a maximum period of 15 days , reporting to the Congress of Deputies, which will meet immediately for this purpose and without whose authorization said period may not be extended.

The Decree will determine the territorial scope to which the effects of the declaration extend, in all or part of the national territory, when any of the following serious alterations of normality occur:

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Catastrophes, calamities or public misfortunes, such as earthquakes, floods, urban and forest fires or major accidents;
Health crises, such as epidemics and serious contamination situations: shortages of essential products;
Suspension of essential public services for communication in strike situations, when any of the other circumstances mentioned above occur.
What does the state of alarm limit?
Once the state of alarm has been activated, the different measures that the Government can establish are:

Limiting the movement or presence of people or vehicles at certain times and places, or making them conditional on compliance with certain requirements.
Material interventions : carrying out temporary seizures of all types of goods and imposing compulsory personal services. Example: seizing medical supplies from private hospitals.
Intervene in places : temporarily intervene and occupy industries, factories, workshops, farms or premises of any kind, with the exception of private homes, reporting this to the relevant ministries.
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Issue the necessary orders to ensure the supply of markets and the operation of the services of the production centres affected by section d) of article four.
Furthermore, the state of emergency obliges all civil authorities, regional and local police forces and other officials to remain under the orders of the competent authority designated by the Decree. The authority may impose on them “ extraordinary services due to their duration or nature ”.