The intention of the Government of , which ends on May 9 after six months in force. Thus, the country will enter a phase of legal normality where, however, the health authorities may continue to decree closures of specific areas or force the use of a mask, although some exceptions have been established.
Who will manage the pandemic without a state of alarm and under what law?
Once the President of the Government, Pedro Sánchez, has assured that the Interterritorial Council of the National Health System, where the Ministry of Health and also the councilors of the Autonomous Communities are represented, will be in charge of making the appropriate decisions on the management of the pandemic. The truth is that the measures taken in this framework are mandatory.
From a legal point of view, the country returns to the situation prior to the state of alarm and therefore the interterritorial body and the Autonomous Communities may only adopt measures based on ordinary legislation. However, for serious situations they can limit fundamental rights but only in very defined and individualized cases, using the Organic Law of Special Measures in Public Health Matters of 1986.
points out that in order to control communicable diseases, the health authority, in addition to carrying out general preventive actions, may adopt the appropriate measures to control the sick, the people who are or have been in contact with them and the immediate environment, as well as those considered necessary in case of risk of a transmissible nature.
Based on this, they indicate that perimeter closures could still be seen, but they would be from health zones, neighborhoods or, at most, from cities, never from an entire autonomous community. In addition, those closures that would be adopted by decree would have to have the endorsement of the courts. In this way, they point out that it returns to the situation that was experienced last summer, and that the regional administrations could, for example, restrict commercial and hospitality hours.
The law of new normality, the rule that requires wearing a mask without the state of alarm
In addition, the Government and the Autonomous Communities also c, of urgent prevention, containment and coordination measures to face the health crisis caused by COVID19. Baptized as the ‘law of the new normality’, its purpose is to establish the urgent prevention, containment and coordination measures necessary to deal with the health crisis caused by Covid-19, as well as prevent possible outbreaks, with a view to overcoming of phase III of the Plan for the Transition to a New Normality by some provinces, islands and territorial units and, eventually, the expiration of the validity of the state of alarm declared by Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the health crisis situation.
This law is the one that establishes that the mask is mandatory both in open and closed spaces, although it contemplates a series of exceptions. And the rule will be in force until the Government declares the end of the health crisis situation caused by COVID-19. A decision that the Executive must make according to scientific evidence, in line with the Center for the Coordination of Health Alerts and Emergencies, and consults the autonomous communities within the Interterritorial Council of the National Health System.
What exceptions does the law contemplate: the mask will not be mandatory on the beach or pool
The so-called ‘new normality law’ caused controversy after its publication in the BOE because: the approved text established that a mask should be worn in open spaces even if the safety distance of 1.5 meters could be maintained. Thus, many imagined a summer However, it will not be so.
Article six of this law is the one that contemplates the regulation of the use of a mask and includes several exceptions.
1. People with respiratory disease or disability: the obligation will not be required for people who have any type of disease or respiratory difficulty that may be aggravated by the use of the mask or who, due to their disability or dependency, do not have the autonomy to remove the mask, or present behavioral changes that make its use unfeasible.
2. Outdoor sports: the mask will not be required in the case of individual outdoor sports.
3. Other exceptions: it will not be mandatory either in cases of force majeure or a situation of necessity or when, due to the very nature of the activities, the use of the mask is incompatible, in accordance with the indications of the health authorities.
Under this last exception, the Government and the Autonomous Communities agreed that the mask would not be mandatory in the following situations as they understood that it was incompatible.
– In bathing in the sea, lakes or reservoirs, rivers or other natural aquatic spaces or in outdoor or indoor pools.
– In the practice of sports in the aquatic environment, be it natural or artificial.
– During rest periods before or after bathing or practicing sports in the aquatic environment, in its surroundings. In the case of beaches or in assimilated environments, it can only be extended while it is at a certain point and respecting the minimum distance of 1.5 meters with other people who are not cohabiting or assimilated. In swimming pools, only between activity intervals.
– In lifeguard or rescue activities when they require access to the aquatic environment.
– In the periods strictly necessary to eat or drink, in places where it is authorized.