State of Alarm – Organic Law 4/1981, of June 1, on the states of alarm, exception and siege

CHAPTER ONE

Provisions common to the three states

Article 1

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

2. The measures to be adopted in the states of alarm, exception and siege, as well as their duration, will in any case be those strictly indispensable to ensure the restoration of normality. Their application will be carried out in a manner proportionate to the circumstances.

3. Once the states of alarm, exception and siege have expired, all powers in terms of sanctions and preventive actions that correspond to the competent authorities will cease to be effective, as well as the specific measures adopted on the basis of these, except those consisting of firm sanctions.

4. The declaration of states of alarm, exception and siege does not interrupt the normal functioning of the constitutional powers of the State.

Article 2

The declaration of a state of alarm, emergency or siege shall be published immediately in the Official State Gazette and shall be compulsorily disseminated by all public media and by any private media that may be determined, and shall enter into force from the moment of its publication therein. The provisions issued by the competent Authority during the validity of each of said states shall also be compulsorily disseminated.

Article 3

1. The acts and provisions of the Public Administration adopted during the validity of the states of alarm, exception and siege may be challenged in court in accordance with the provisions of the laws.

2. Those who, as a consequence of the application of the acts and provisions adopted during the validity of these states, suffer, directly or in their person, rights or property, damages or losses due to acts that are not attributable to them, shall have the right to be compensated in accordance with the provisions of the laws.

CHAPTER II

The state of alarm

Article 4

The Government, in use of the powers granted to it by art. 116, 2, of the Constitution, may declare a state of alarm, in all or part of the national territory, when any of the following serious alterations of normality occur:

to) Catastrophes, calamities or public misfortunes, such as earthquakes, floods, urban and forest fires or major accidents.

b) Health crises, such as epidemics and serious contamination situations.

c) Suspension of essential public services for the community, when the provisions of articles 28, 2 and 37, 2 of the Constitution are not guaranteed, and any of the other circumstances or situations contained in this article occur.

d) Situations of shortages of basic necessities.

Article 5

When the situations referred to in the previous article affect exclusively all or part of the territorial scope of an Autonomous Community, the President of the same may request the Government to declare a state of alarm.

Article 6

1. The declaration of the state of alarm will be carried out by decree agreed upon by the Council of Ministers.

2. The decree will determine the territorial scope, duration and effects of the state of alarm, which may not exceed fifteen days. It may only be extended with the express authorization of the Congress of Deputies, which in this case may establish the scope and conditions in force during the extension.

Article 7

For the purposes of the state of alarm, the competent Authority will be the Government or, by delegation thereof, the President of the Autonomous Community when the declaration affects exclusively all or part of the territory of a Community.

Article 8

1. The Government will inform the Congress of Deputies of the declaration of the state of emergency and will provide it with the information it requires.

2. The Government will also inform the Congress of Deputies of the decrees it issues during the state of emergency in relation to this.

Article 9

1. Due to the declaration of a state of alarm, all civil authorities of the Public Administration of the territory affected by the declaration, members of the Police Forces of the Autonomous Communities and Local Corporations, and other officials and workers in their service, will be under the direct orders of the competent Authority as necessary for the protection of people, property and places, and may impose extraordinary services on them due to their duration or nature.

2. When the competent Authority is the President of an Autonomous Community, he may request the collaboration of the State Security Forces and Corps, which will act under the direction of their natural commanders.

Article 10

1. Failure to comply with or resist the orders of the competent authority during the state of emergency will be punished in accordance with the provisions of the law.

2. If these acts are committed by officials, the Authorities may immediately suspend them from exercising their duties, passing, where appropriate, the blame to the Judge, and the hierarchical superior will be notified for the purposes of the appropriate disciplinary proceedings.

3. If they are committed by Authorities, the powers of these that are necessary for compliance with the measures agreed in execution of the declaration of a state of alarm may be assumed by the competent Authority during its validity.

Article 11

Notwithstanding the provisions of the previous article, the decree declaring the state of alarm, or any subsequent decrees issued during its validity, may agree on the following measures:

to) Limiting the movement or presence of people or vehicles at certain times and places, or making them conditional on compliance with certain requirements.

b) Carry out temporary seizures of all types of property and impose compulsory personal services.

c) To temporarily intervene in and occupy industries, factories, workshops, farms or premises of any kind, with the exception of private homes, reporting this to the relevant Ministries.

d) Limit or ration the use of services or the consumption of essential items.

and) Issue the necessary orders to ensure the supply of markets and the operation of the services and production centres affected by section d) of article 4.

Article 12

1. In the cases provided for in paragraphs a) and b) of Article 4, the competent authority may adopt, as appropriate, in addition to the measures provided for in the previous articles, those established in the regulations for the fight against infectious diseases, environmental protection, water and forest fires.

2. In the cases provided for in sections c) and d) of article 4, the Government may agree to the intervention of companies or services, as well as the mobilization of their personnel, in order to ensure their operation. The current regulations on mobilization will apply to the mobilized personnel, which, in any case, will be supplementary to the provisions of this article.