When asked whether the Junta would request a Estado de Alarma for Andalucía, the Vice-PM Marín said that they wouldn’t, but for specific powers they would.
This is where what an State of alarm implies, should be explained. What this legal instrument does is allows a government to suspend or amend Constitutional Rights for a provisional period during a time of crisis, such as this one.
It is not a blanket of restrictions that can be applied but rather merely the legal authority to impose a choice of actions if and where needed.
It’s important to understand this to be able to see the political maneuvering going on between the opposition parties running the Council and the Central Government.
The Vice PM for the Council said that he didn’t want an State of alarm for Andalucía as if it were the full package of restrictions in place up to now, which it is not. He knows this but it is not politically convenient – the Central Government must be seen to be incompetent and unreasonable, and above all, unpopular decisions to impose restrictions must be seen to come from elsewhere rather than from the Council.
If the Council went to the Central Government and said, “activate an State of alarm limited to Andalucía, it will allow us to make specific restrictions if necessary, ”The Central Government would grant it, which would have to be endorsed in the national parliament with votes in favor from the Board’s own party, the PP.
The result would be what the Council wants: the capacity to impose a curfew and limit mobility, for example, without having to submit it before the judiciary, which could have an uncertain outcome. Yet if the Council requests an E.de.A. then it is the Council who will get the flak if any restrictions become unpopular – up until now the Council could say that they are only reluctantly complying with the dictates of an insensitive Central Government.
Hence, the Vice-PM says that they don’t want a tailor-made State of alarm for Andalusia; just the legal capacity to resort to applying restrictions if necessary (which is precisely what the E.de.A would give them, anyway).
So, to be clear, just because you have an State of alarm in effect, it does not mean that automatically you have to impose a litany of restrictions; it merely gives you the power to impose restrictions at any given time whilst it is in effect.
(News / Editorial: Andalucia)