The Curfews, territorial confinements, perimeter confinements, bans on small meetings and activities and opening hours restrictions of COVID-19. Its controversial adoption under health legislation or the state of alarm and proposals for the future

Abstract

The following are analyzed: “curfews”, territorial or perimeter confinements, bans on small meetings, as well as the less studied restrictions on activities and hours of establishments and their dubious guarantees. All of them are analyzed under states of alarm or the very questionable article 3 Organic Law 3/1986. Guidelines and criteria are affirmed for a desirable future regulation. Finally, it is concluded that especially the government and the state legislator have not passed the “stress test” to the legal system, pending regulatory improvements.

Keywords:

fundamental rights, COVID-19, pandemic, freedom of movement, confinements, right of assembly, health legislation