State of Alarm across Spain? The Law That Makes It Impossible

State of Alarm across Spain? The Law That Makes It Nearly Impossible

The question circulates among financial and political circles: what if a state of alarm is decreed across the country tomorrow?
The short answer is that, for what some antiestéticar, the tool doesn't work. And this isn't an opinion; it is what was ruled by the Constitutional Court in judgment 148/2021, concerning the first lockdown.

The debate is not trivial. In recent hours, demonstrations have been called in Madrid and other capitals, and the Government Delegation has played a dramatic role regarding whether it granted permission for them. In this context, the hypothesis of declaring a state of alarm to control the streets has resurfaced. But there is a problem: the Constitution does not allow it.

Alarm, Exception, and Siege: The Difference That Changes Everything

The Organic Law 4/1981 regulates the three states: alarm, exception, and siege. The first is declared for catastrophes, health crises, or shortages. The second, for serious disturbances of public order. The third is only in cases of armed insurrection or act of force against sovereignty. The key lies in Article 55.1 of the Constitution: fundamental rights, including the right to assembly and demonstration (Article 21), can only be suspended during states of exception or siege.

Judgment 148/2021: The Precedent Binding the Government

The Constitutional Court already ruled on this in 2021. In judgment 148/2021, concerning the first lockdown, the high court established that the Government had chosen the wrong instrument: it was not a limitation of rights, but a suspension, and that required a state of exception. That is, under a state of alarm, movements can be restricted, but demonstrations cannot be banned. Any attempt to do so using that tool would clash again with the Constitutional Court.

Ceuta, Segarro, and Demonstrations: The Fertile Ground

The context fuels speculation. Tensions with Segarro over Ceuta, migratory pressure, and protests called for September 2 have led some to suggest that the Government might seek a crisis to declare a state of exception and thus avoid elections. This is a theory circulating in forums and discussions, and even some conservative analysts have begun to consider it. But for now, there is no official indication that this step will be taken.

What if a State of Exception Were Declared?

If such an extreme measure were taken, the Government would have to propose it to Congress, and it would need approval by an absolute majority. The decree would define the duration, territory, and conditions. The consequences would be serious: suspension of rights, military presence in the streets, control of information. But an absolute majority in Congress is currently an illusion, making it unlikely that Parliament would support it. Yet, the hypothesis remains, fueling distrust.

The only certainty is that a state of alarm cannot be used to suspend demonstrations. The Government knows this. And that, precisely, is what keeps the question open: if it cannot use alarm, what is it willing to use?