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Court declares Spain’s 2nd COVID state of alarm unconstitutional

Central government illegally overtook powers from regional authorities, according to Constitutional Court

Alyssa McMurtry   | 27.10.2021
Court declares Spain’s 2nd COVID state of alarm unconstitutional


Spain’s Constitutional Court ruled on Wednesday that part of the state of alarm that lasted from last November to May to fight COVID-19 was unconstitutional.

In a preview of the ruling, the court said declaring a six-month state of alarm went against the law.

During the first state of alarm, which was also declared unconstitutional, the Spanish government had to ask for Parliament’s approval to extend the emergency measures every 15 days.

The court said Spain's central government illegally overtook some of the power from the country's regional authorities.

The far-right Vox party was responsible for bringing the issue to the court.

Last July, the court had ruled that Spain's first state of emergency, which led to one of the strictest lockdowns in the Western world, also violated the country's Constitution.

As a result, the Spanish government said it will pay back the 1.1 million fines it collected from citizens breaking rules during the first lockdown in the spring of last year.

According to the Spanish daily El Mundo, more than 40,000 fines were issued during the second state of alarm, bolstering the state treasury by around €69 million ($79.9).

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