Mobilization in Spain

In Spain, all adults in the event of a crisis will be obliged to comply with the orders of the Government

The reform of the National Security Law prepared by the Government includes important changes introduced in links to the lessons of the health crisis. Now, in the event of a crisis, all adult citizens, without exception, will have to follow orders and instructions issued by the authorities in accordance with the guidelines of the National Security Council.

In the event that a crisis situation is declared in Spain, the authorities have the right to carry out the temporary confiscation of any property, the temporary occupation of any necessary property or to suspend any activity. A crisis situation means a health crisis, environmental, economic and other types of crisis. Individuals who will suffer economic damage as a result of these actions are entitled to compensation. The measures taken will be phased and commensurate with the crisis situation that will have to be faced. They will be applied only for a limited period of time necessary to overcome a crisis situation.

This obligation will apply not only to individuals, but also to enterprises, as well as legal entities, which will now be obliged to cooperate with the authorities (follow all prescribed instructions, provide property for temporary use, etc.) to help overcome crisis situations. This obligation is based on article 30 of the Spanish Constitution, according to which “it is the duty and right of every citizen to protect Spain.”

The preliminary draft reform of the National Security Law provides for the obligation of the media to cooperate with the competent authorities in order to disseminate information preventive or operational in nature. It also includes measures to prevent the recurrence of food and commodity shortages that are critical to overcoming the crisis. For example, so that there are no situations when during a pandemic there are not enough personal protective equipment.

Instead of developing new rules, the Government chose to amend the current legislation, taking into account the experience in the fight against coronavirus. The bill was considered by the Council of Ministers in its first reading on June 22 and is awaiting final approval for onward transmission to Congress.

One of the main lessons of this pandemic is the need to ensure the supply of critical resources in the face of international crises. Therefore, the text emphasizes self-sufficiency in essential and strategic resources. To this end, the National Security Council will develop and update a catalog of human and material resources that can be useful in case of crises. The catalog will be approved by the Council of Ministers. Plans for the preparation and management of resources included in the catalog will also be approved and an exercise will be conducted to verify their availability.