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16/03/2020

Royal Decree 463/2020, 14th March. Spanish government has formally declared a state of emergency. Effects on legal terms, judiciary activity and administrative proceedings.

The Spanish government has formally declared a state of emergency over the coronavirus COVID-19, placing the entire country in lockdown and ordering people to stay at home for the next two weeks unless they have to buy food or medicine or go to work or hospital.
The state of emergency will initially apply for 15 natural days counting from 14.03.2020., but can be extended with the approval of the Parlament.
Suspension of proceeding terms.
1. Terms are suspended in all jurisdictional orders. The calculation of the terms will be resumed at the moment when the present royal decree or, where appropriate, its extensions, loses its validity.
2. In the criminal jurisdictional order, suspension and interruption shall not apply to habeas corpus procedures, to the actions entrusted to the guard services, to actions with detainees, to protection orders, to urgent actions regarding prison surveillance and any precautionary measures regarding violence against women or minors.
Likewise, in the investigation phase, judge or court may decide to carry out those actions that, due to their urgent nature, are unavoidable.
3. In relation to the rest of the jurisdictional orders, the interruption referred to in the first section shall not apply to the following cases:
a) The procedure for the protection of the fundamental rights of the person provided for in articles 114 and following of Law 29/1998, of July.
b) The procedures for collective conflict and for the protection of fundamental rights and public liberties regulated in Law 36/2011, of October 10, regulating social jurisdiction.
c) The judicial authorization for mental disorder provided for in article 763 of Law 1/2000, 7th January 7, Civil Procedure.
d) The adoption of measures or provisions for the protection of minors provided in article 158 of the Civil Code.
Suspension of administratives terms.
1. Terms are suspended in administrative proceedings. The calculation of the terms will be resumed at the moment when the present royal decree or, where appropriate, its extensions, loses its validity.
Suspension of prescription and expiration terms
The statute of limitations and expiration of any actions and rights will be suspended during the term of the state of emergency and, where appropriate, of the extensions that are adopted.

 BOE-A-2020-3692 14.03.2020pdf


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