A propósito del estado de alarma decretado en España por causa del Covid-19: el olvido del principio de proporcionalidad

Abstract

The main objective of this study is to analyze the regulation of the State of Alarm (requirements and procedure for its adoption), by relating it to the demands arising from the principle of proportionality, made up of the sub-principles of necessity, suitability and proportionality in the strict sense and, this, for the purpose of determining whether the declaration in Spain, in 2020, of the State of alarm on the occasion of the Coronavirus, as well as the measures adopted with the declaration itself and its subsequent course, may pose doubts of legality and generate, by extension, problems, especially from the point of view of the responsibility of the Government in the near future.

Keywords

• government
• irregularities
• principle of proportionality
• regulation
• sanitary crisis
• spain
• state of alarm