Since the State of Emergency was declared on 14 March, there have been taiwan business mailing list successive extensions. Today a new one is being voted on. What would happen if the State of Emergency is not extended ? Can ordinary laws restrict the movement of the population? Could the de-escalation measures approved by the Government be implemented?
If Congress does not approve the state of emergency, the state of emergency would be suspended, as indicated by law. Without the state of emergency, the limitations and restrictions that are currently in force will not be valid . The limitations and restrictions that have been imposed since March would not be valid at all.
The powers would cease to be held by the Executive and would return to the Autonomous Communities.
If the State of Emergency is not extended, what laws would be applied to control the health situation?
In the event that the State of Emergency is not extended, the Government has basic legislation to deal with the health crisis arising from Covid-19, but these are much less restrictive laws than:
The Public Health Law
The Special Measures Act
The Civil Protection Law or the National Security Law .
A specific law could also be passed urgently , if necessary.
The General Public Health Law states that “ the General Administration of the State and those of the autonomous communities and cities of Ceuta and Melilla, within the scope of their respective powers, may adopt any measures necessary to ensure compliance with the law .”
Exceptionally, " when required by reasons of extraordinary gravity or urgency ", the closure of facilities, establishments or industries, the intervention of material or personal resources, the suspension of the exercise of activities or the immobilization and confiscation of products and substances would be permitted.
Some measures have already been adopted during the State of Emergency, the difference is that this law limits the capacity of the state. All measures adopted must respect the principle of proportionality .
Regarding the Special Measures Act, it would give the Government room to do so because it includes communicable diseases as one of the risks to public health. This legislation enables health authorities to take preventive actions and adopt measures to monitor and control situations aimed at preserving the public health of the population.