Los derechos fundamentales en estado de alarma: una suspensión inconstitucional

Abstract

Saturday, March 14, 2020. The Spanish government has decided to use the state of alert to tackle the pandemic caused by COVID-19, which involves the generalisation of a series of restrictive measures that will test out the strength of the established constitutional order. With strict home confinement as the most important of these actions, this article shows the unconstitutionality of a state of alarm that has gone completely beyond its limits, since it imposes a general suspension of fundamental rights without the corresponding constitutional guarantees required for this purpose.

Keywords

• state of exception
• fundamental rights
• state of alarm