A Civil Guard control point. / efe

Constitutional Court overturns the legality of Spain's second state of alarm

It ran from October 2020 to May 2021 but the split decision said parliament was ignored and too much power went to the regions


The Constitutional Court has declared the second national state of alarm during the Covid-19 crisis to have been illegal (from 25 October 2020 to 9 May 2021). The decision was split between sitting judges.

The finding said that the government had acted wrongly by avoiding parliamentary scrutiny and delegating too many powers related to enforcing it to the regions. The more left wing members of the bench did not support the findings.

The Court felt that the government should have gone back to MPs to get extensions to the second state of alarm like it did in the first. It added that to avoid parliament for more than six months went against the Spanish Constitution.

The judges did, however, back measures taken within the state of alarm, such as the curfew, closing town borders and restrictions on numbers meeting.