Proposal to limit lockdowns and change judicial review of health measures

Automatic summary, not yet reviewed

1. The proposal seeks to protect health without cutting back rights as much as happened under the state of alarm, and to give public authorities clear tools against pandemics.
2. The bill would amend Organic Laworganic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes. 3/1986 to spell out the available health measures: observation, quarantine, isolation, treatment, contact tracing, and controlling or limiting entry, exit and movement within an affected area. All measures would have to follow the principles of necessity, suitability and proportionality.
3. The bill would provide that courts only need to authorize or ratify health measures that deprive someone of freedom or another fundamental right, not those that merely restrict them. The words 'o restricción' would be deleted from Article 8.6 of the procedural law.
4. Restrictions on fundamental rights ordered by the autonomous communities for health reasons would be reviewed under the special procedure for protecting fundamental rights, and measures adopted by the Government would be reviewed by the Administrative Chamber of the Supreme Court.
5. A new procedure would be created for seeking judicial authorization when the health authority bans entry to or exit from a territory or limits freedom of movement. The judge would rule within 24 hours after hearing the Public Prosecutor, and the measure would last 15 days, renewable for another 15.

Who it affects

• The general public: Health measures restricting their freedom of movement would be limited and they would have stronger judicial safeguards.
• Health authorities: They would have a clear list of measures against contagious diseases, including sealing off areas.
• Contentious-Administrative Courts: They would only authorize or ratify measures that deprive someone of freedom or another fundamental right, not those that merely restrict them.
• Autonomous communities and the Government: Their rights-restricting public health acts would be reviewed under a specific judicial procedure.

Words worth knowing

Proposición de ley

A bill introduced by a parliamentary group. It is not yet an approved law.

Ley Orgánica (Organic Law)

A special type of Spanish law, harder to pass, reserved for major matters such as fundamental rights.

Estado de alarma (state of alarm)

An exceptional situation allowing the Government to temporarily limit rights, as happened with the lockdown.

Jurisdicción Contencioso-Administrativa

The courts that review whether acts by public authorities are lawful.

Acción popular (popular action)

Allows any citizen to go to court over a matter, even if they are not directly affected.

organic law

A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries