Estado de alarma y COVID-19: el régimen administrativo sancionador en la Comunidad Autónoma de Euskadi

Abstract

In a scenario where the public health emergency situation caused by COVID-19 was considered to be pandemic, Spain decided to declare a state of alarm. First, we are going to study whether the state of alarm is the appropriate level of exceptionality, in the light of the configuration adopted by the Spanish system ¿ a differentiating, rather than staggered one. Next, we will make specific reference to the illicit acts of an administrative nature that may occur by violating the movement limitation imposed. Thus, we intend to analyze which the most appropriate sector-specific regulation to frame the punitive reproach and who the competent authority for the initiation, processing and resolution of the file should be. Lastly, we will make a brief reference to the impact of the suspension of terms and the interruption of limitation periods regarding the corresponding sanctioning administrative proceedings.

Keywords

• administrative sanction file
• autonomous community of the basque country
• state of alarm