Considerations to keep in mind for the declaration of State of Emergency - MARCH 16, 2020
Dear clients and friends,
On March 14, 2020, the legislative decrees were approved by which a State of National Emergency of Public Calamity and Natural Disasters is declared throughout the territory (State of emergency) and The Law on Temporary Restriction of Concrete Constitutional Rights (Exception status) to attend to the COVID-19 Emergency. (attached you can find the decrees to which we have had access, however we must clarify that these have not yet been formally published)
Considerations to keep in mind for the declaration of a State of Emergency:
- The decree applies for 30 days, as of its Publication in the Official Gazette, March 14, 2020.
- Every person, regardless of their means of transport, must limit their circulation, in places affected or at epidemic risk or from the visibly fixed sanitary cordons.
- The concentration of people must be limited in all types of public spectacles.
- The Consumer Ombudsman's Office may set or modify the maximum prices for items that help with the treatment and containment of the emergency, in order to avoid hoarding.
- The Ministry of Health may prohibit the entry and exit of people carrying COVID 19
- Any person who is in quarantine may not be subject to dismissal.
- Disabilities due to quarantine will have the same treatment as common temporary disabilities provided for in the Labor Code and the Law on Holidays, Vacations and Licenses for public employees.
- The general population will be obliged to collaborate with the provisions made in this regard by the competent authorities.
- Limit or restrict the movement of people who may be carriers of COVID 19 inside and outside the country.
- Likewise, the public administration is authorized to suspend the work of the public and municipal sector whenever, due to the nature of the service provided, it is not considered vital to provide the assistance and help necessary to overcome the emergency, and they will have the corresponding remuneration during the emergency.
- Suspend for a period of 30 days, counted from the validity of the decree, the legal terms and deadlines conceived for the following individuals of the public administration, in the judicial procedures and processes, in which they participate, whatever their subject and the instance. in which they are located.
- The Executive is authorized to carry out all contracts or acquisitions related to the prevention and containment of the emergency, and must submit the corresponding report provided for in this decree.
Considerations to keep in mind for the declaration of State of Exception:
- The decree applies for 15 days, as of its Publication in the Official Gazette, March 15, 2020.
- The restriction on entry to the territory of foreigners is maintained.
- Restriction on freedom of movement, applied in specific cases and with specific reference to the areas that will be affected through a reasoned resolution.
- The right of inhabitants to assemble peacefully and without weapons for any lawful purpose. In the case of meetings for religious, cultural, economic or sporting purposes, the organizers or those responsible must notify the head of the Ministry of Health or the official delegated by him, at least 10 days in advance and taking care that the number does not exceed Maximum number of people allowed (75 people).
- The National Civil Police will provide all the necessary collaboration to the health and immigration authorities, for the execution of the measures within their jurisdiction within the framework of the control of the pandemic.
We will keep you up to date with any additional information and remain at your disposal for any questions you may have regarding this matter.
Sincerely,
ROMERO PINEDA & ASSOCIATES
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