Suspension of Fundamental Rights in the Spanish Constitution

Suspension of Fundamental Rights

The Spanish Constitution regulates the suspension of rights and freedoms in Articles 55 and 116.

General and Individual Suspensions

A general suspension of rights and freedoms is provided for in Article 55.1, which is developed by Organic Law 4/1981 of June 1, regarding the states of alarm, emergency, and siege.

An individual suspension of rights (Articles 17.2, 18.2, and 18.3) may apply to specific persons integrated into armed or terrorist groups.

The State of Alarm

The State of Alarm is declared by the Government via decree for a period of 15 days, with the Congress of Deputies being duly informed. It can affect all or part of the country and is triggered by the following circumstances:

• Disasters or calamities.
• Health crises.
• Paralysis of essential public services for the community.
• Situations involving shortages of basic necessities.

Measures Provided by Law

Under this state, the Act provides for several measures:

• Restriction of movement or stay of persons and vehicles at specific times and places.
• Temporary requisition of all types of goods and the imposition of mandatory personal services.
• Intervention and temporary occupation of industries and workshops, with the exception of private residences.
• Limiting or rationing the use of services or the consumption of basic necessities.
• Issuing orders to ensure market supply.

The State of Emergency

The State of Emergency is declared by the Government via decree with the prior authorization of the Congress of Deputies. The declaration must determine the specific rights suspended, the territory affected, and the duration, which may not exceed 30 days (extendable for another 30-day period with identical requirements).

This state is declared when the free exercise of fundamental rights, the normal functioning of democratic institutions, essential public services, or other aspects of public order are severely altered to the point that ordinary powers are insufficient to maintain them.

Rights That May Be Suspended

The rights that may be suspended during a State of Emergency include:

• The right to liberty and security.
• The right to inviolability of the home and secrecy of communications (allowing for searches without a warrant).
• Freedom of movement and residence.
• Freedom of expression, production, and literary, artistic, scientific, or technical creation.
• The seizure of publications, recordings, and other media.
• The rights of assembly and demonstration.
• The rights to strike and to take collective labor action.