The state of emergency started in Portugal at 00.00 a.m. of 19 March, enacted through Decree of the President of the Republic no. 14-A/2020, of 18 March. Having been renewed twice through Decree no. 17-A/2020, of 2 April, and Decree no. 20-A/2020, of 17 April, the state of emergency was extended until 11:59 p.m. of 2 May, having been terminated thereafter.

From then on, the state of calamity became effective, enacted by the Government through Council of Ministers Resolution no. 33-A/2020, of 30 April, approved pursuant to the terms of article 19 of the Legal Framework of Civil Protection, enacted by Law no. 27/2006, of 3 July, and extended for the first time by Council of Ministers Resolution no. 38/2020, of 15 May, further extended by Council of Ministers Resolution no. 40-A/2020, of 29 May, further extended by Council of Ministers Resolution no. 43-B/2020, of 9 June, further extended by Council of Ministers Resolution no. 51-A/2020, of 25 June, and finally extended by Council of Ministers Resolution no. 53-A/2020, of 14  July. Later on, the situation of contingency in the Lisbon Metropolitan Area and the situation of alert in all national territory (with the exception of the Lisbon Metropolitan Area) was enacted through Council of Ministers Resolution no. 55-A/2020, of 30 July, further amended and republished by the Council of Ministers Resolution no. 63-A/2020, of 13 August, and further amended by the Council of Ministers Resolution no. 68-A/2020 of 28 August and kept in force by the Council of Minister Resolution no. 70-A/2020, of 10 September, amended by the Council of Minister Resolution no. 81/2020, of 24 September. The former two resolutions were subsequently revoked by Council of Ministers Resolution no. 88-A/2020 of 14 October.

Later on, the Council of Ministers Resolution no. 92-A/2020, of 31 October  enacted the situation of calamity in all all national mainland territory until 11:59 pm on 19 November 2020. Following the Parliament's authorization, granted under the Parliament’s Resolution no. 83-A/2020, of 6 November, the Presidential Decree no. 51-U/2020, of 6 November, enacted the state of emergency in all national territory, for 15 days, from midnight on 9 November 2020 up until 11:59 pm on 23 November 2020. Following the authorization granted by the Resolution of the Assembly of the Republic no. 83-A/2020, of 6 November, a state of emergency was declared, through the Decree of the President of the Republic no. 51-U/2020, of 6 November, for the entire national territory, with a duration of 15 days, which, following the authorization granted by Resolution of the Assembly of the Republic no. 87-A/2020, of 20 November, was renewed for another 15 days (under the terms of Presidential Decree no. 59-A 2020, of November 20, regulated by Decree no. 9/2020, of 21 November and, with regard specifically to the Autonomous Region of the Azores, by Regional Regulatory Decree no. 27-A/2020/A) and was again renewed for an equal period under Decree of the President of the Republic 61-A/2020, of 4 December 2020, under the authorization, granted under the Parliament’s Resolution no. 89-A/2020, of 4 December, the second renewal of the state of emergency was regulated, for all national territory, by Decree no. 11/2020, of 6 December, and, in the Autonomous Region of the Azores, by the Regional Regulatory Decree no. 27-C/2020/A.

The state of emergency was renewed for a further fortnight by Decree of the President of the Republic 66-A/2020, of 17 December 2020, in accordance with Parliament’s enabling act enacted by Parliament Resolution 90-A/2020, of 17 December 2020.Government implemented the above renewal of the state of emergency by means of Decree 11-A/2020, of 21 December 2020, which amended and reenacted Decree 11/2020, of 6 December 2020, and in the Autonomous Region of Azores, by means of Regional Regulatory Decree 28-D/2020/A. Recently, by means of Parliament’s Resolution 1-A/2021, of 6 January, which was implemented by the Decree of the President of the Republic 6-A/2021, of 6 January, the state of emergency was renewed for a further 8 day period. Government implemented the above renewal by means of Decree 2-A/2020, of 7 January.

The state of emergency was further amended and renewed for a fortnight by Decree of the President of the Republic 6-B/2021, of 13 January 2021 , in accordance with Parliament’s enabling act enacted by Parliament Resolution 1-B/2021, of 13 January 2021. Such amendment and renewal were implemented by the Government, nationwide, by means of Decree 3-A/2021, of 14 January 2021, further amended by Decree 3-B/2021, of 19 January 2021, and Decree 3-C/2021, of 22 January 2021, and in the Autonomous Region of Azores, by means of Regional Regulatory Decrees  1-B/2021/A and 1-C/2021/A.

Following Parliament’s enabling act enacted by Parliament Resolution 14-A/2021, of 28 January 2021, the state of emergency was further renewed by Decree of the President of the Republic 9-A/2021, of 28 January 2021, and is to be in force from 0.00 on 31 January 2021 to 11.59pm on 14 February 2021. Such renewal was implemented by the Government, nationwide, by means of Decree 3-D/2021, of 29 January 2021, and in the Autonomous Region of Azores, by means of Regional Regulatory Decrees 1-E/2021/A, of 5 February 2021, and 1-F/2021/A, of 12 February 2021.

Following Parliament’s enabling act enacted by Parliament Resolution 63-A/2021, of 11 February 2021, the state of emergency was further renewed by Decree of the President of the Republic 11-A/2021, of 11 February 2021, and is to be in force from 0.00 on 15 February 2021 to 11.59pm on 1 March 2021. Such renewal was implemented by the Government, nationwide, by means of Decree 3-E/2021, of 12 February 2021.

Following Parliament’s enabling act enacted by Parliament Resolution 69-A/2021, of 25 February 2021, the state of emergency was further renewed by Decree of the President of the Republic 21-A/2021, of 25 February 2021, and is to be in force from 0.00 on 2 March 2021 to 11.59pm on 16 March 2021. Such renewal was implemented by the Government, nationwide, by means of Decree 3-F/2021, of 26 February 2021, and in the Autonomous Region of Azores, by means of Regional Regulatory Decree 2-A/2021/A.

Following Parliament’s enabling act enacted by Parliament Resolution 77-B/2021, of 11 March 2021, the state of emergency was further renewed by Decree of the President of the Republic 25-A/2021, of 11 March 2021, and is to be in force from 0.00 on 17 March 2021 to 11.59pm on 31 March 2021. Such renewal was implemented by the Government, nationwide, by means of Decree 4/2021, of 13 March 2021, and in the Autonomous Region of Azores, by means of Regional Regulatory Decree 2-B/2021/A.

Following Parliament’s enabling act enacted by Parliament Resolution 90-A/2021, of 25 March 2021, the state of emergency was further renewed by Decree of the President of the Republic 31-A/2021, of 25 March 2021, and is to be in force from 0.00 on 1 April 2021 to 11.59pm on 15 April 2021. Such renewal was implemented by the Government, nationwide, by means of Decrees 5/2021, of 28 March 2021, and 6/2021, of 3 April and, in the Autonomous Region of Azores, by means of Regional Regulatory Decree 2-C/2021/A.

Finally, following Parliament’s enabling act enacted by Parliament Resolution 114-A/2021, of 14 April 2021, the state of emergency was further renewed by Decree of the President of the Republic 41-A/2021, of 14 April 2021, and is to be in force from 0.00 on 16 April 2021 to 11.59pm on 30 April 2021. Such renewal was implemented by the Government, nationwide, by means of Decrees 6-A/2021, of 15 April 2021, and 7/2021, of 17 April 2021, and in the Autonomous Region of Azores, by means of Regional Regulatory Decree 3-A/2021/A.

The state of emergency was not renewed after 30 April 2021. From 1 May 2021, Council of Ministers Resolution 45-C/2021, of 29 April 2021 (further amended by Council of Ministers Resolution 46-C/2021, of 6 May 2021, Council of Ministers Resolution 59-B/2021, of 13 May 2021, Council of Ministers Resolution 62-A/2021, of 20 May 2021, Council of Ministers Resolution 64-A/2021, of 27 May 2021, Council of Ministers Resolution 70-B/2021, of 2 June 2021, Council of Ministers Resolution 74-A/2021, of 9 June 2021, Council of Ministers Resolution 76-A/2021, of 18 June, Council of Ministers Resolution 77-A/2021, of 24 June, Council of Ministers Resolution 86-A/2021, of 1 July, Council of Ministers Resolution 91-A/2021, of 8 July, Council of Ministers Resolution  92-A/2021, of 15 July, Council of Ministers Resolution  96-A/2021, of 22 July and by Council of Ministers Resolution 101-A/2021, of 29 July) enacted a state of calamity. Council of Ministers Resolution 114-A/2021, of 20 August, enacted a state of contingency. The Resolution was later repealed by Council of Ministers Resolution 135-A/2021, which declared a state of alert, whose duration was later extended by the Council of Ministers Resolution 142-A/2021. Council of Ministers Resolution 135-A/2021 was repealed by Council of Ministers Resolution 157/2021, of 25 November 2021, which in turn was repealed by Council of Ministers Resolution No. 25-A/2022 of 17 February, which declared a state of alert, and that was subsequently amended by Council of Ministers Resolution No. 29-C/2022 of 3 March, in the wording of Council of Ministers Resolution No. 29-F/2022 of 17 March, Council of Ministers Resolution No. 34-A/2022, of 23 March and Council of Ministers Resolution No. 41/2022, of 12 April. The Council of Ministers Resolution 41-A/2022, of 21 April, repealed the Council of Ministers Resolution 25-A/2022, of 17 February, and declared  the state of alert which, by virtue of the Resolution of the Council of Ministers No. 67-A/2022, of July 28, will remain in force until 23h59m on August 31, 2022.

Below is an overview of the legal frameworks of the calamity situation and the states of emergency and alert.

 

CALAMITY SITUATION

 

What is a calamity situation and when can it be declared?

The calamity situation can only be declared when, in light of the occurrence or risk of a serious accident or catastrophe (as defined by law), and its foreseeable intensity, it is deemed necessary to adopt derogatory measures to prevent, react or restore normal living conditions in the areas affected by its effects (article 9/3 of the Legal Framework of Civil Protection).

The Council of Ministers Resolution which enacts the calamity situation clearly states (i) the nature of the event which originated the declared situation, (ii) its territorial and temporal scope, (iii) the implementation of specific guidelines relating to the operation of civil protection agents and entities and institutions involved in the protection and rescue operations, (iv) the procedures for damage inventorying and assessment of losses, and (v) the criteria for granting material and financial support (article 21/1 of the Legal Framework of Civil Protection).

 

What are the potential impacts?

The declaration of the calamity situation may provide for (i) the civil mobilization of people, for specific periods of time, (ii) the setting of limitations or conditions to the mobility of people, other living beings or vehicles, for their own and the operations’ safety, (iii) the setting of sanitary and safety enclosures, (iv) the streamlining of use of public transportation, communications and water and energy supply services, as well as the use of basic goods (article 21/2 of the Legal Framework of Civil Protection).

The declaration of the calamity situation determines the triggering of local political and institutional coordination structures and entails the automatic engagement of the civil protection emergency plans at the respective territorial level (article 21/3 and 4 of the Legal Framework of Civil Protection).

Furthermore, among other effects and consequences, declaration of the calamity situation:

(I) is a sufficient condition to justify free access of civil protection agents to private property in the covered area, as well as the use of private natural or energy resources, to the extent necessary to carry out actions aimed at restoring normal living conditions (article 23/1 of the Legal Framework of Civil Protection).

(ii) entails the acknowledgement of the need to request goods or services on a temporary basis, notably regarding the verification of the urgency and the public and national interest on which the request is based (article 24/1 of the Legal Framework of Civil Protection).

(iii) enables the dismissal of employees, agents and other Public Administration employees who are also civil protection and rescue agents to be authorized when they are called to face an event that has been declared a calamity (article 25/1 of the Legal Framework of Civil Protection).

Additionally, article 17 of the Law on Public Health Monitoring System, enacted through Law no. 81/2009, of 21 August, enables the member of the Government responsible for the health area to implement derogatory measures deemed indispensable in case of public health emergency, including the restriction, suspension or shut down of activities or separation of healthy people, transportation or goods which have been exposed, as a way to prevent the spread of the infection or contamination (no.1).

Similarly, the member of the Government responsible for the health area, upon proposal of the Director General for Health, may issue guidelines and regulatory rules in the exercise of its  authority powers, with immediate enforceability, in situations of public health emergencies, with the purpose of making feasible the contingency rules for epidemics or other measures considered indispensable and whose effectiveness depends on the promptness of their implementation (no. 2), with pro-rata criteria that respect fundamental rights, freedoms and guarantees, in accordance with the Constitution and the law (no. 3).

 

STATE OF CONTINGENCY

What is the state of contingency and when can it be declared?

A state of contingency can only be declared when, due to the occurrence or risk of occurrence of a serious accident or catastrophe (as defined by law), the relevant authorities acknowledge the need to implement preventive measures and/or special response measures that cannot be mobilized at a municipal level (article 9/2 of the Civil Protection Framework Law).

The state of contingency can only be declared by the entity responsible for civil protection in its jurisdiction, preceded by a hearing, whenever possible, of the mayors of the municipalities involved (article 16 of the Civil Protection Framework Law).

The declaration of a state of contingency takes the form of an order and must expressly state (i) the nature of the event that caused the situation, (ii) its temporal and territorial scope, (iii) the establishment of specific guidelines for the operational activities of civil protection agents and entities and institutions involved in the protection and rescue operations, (iv) the procedures for inventorying the damage and losses caused, as well as (v) the criteria for granting material support (article 17/1 of the Civil Protection Framework Law).

The declaration of a state of contingency is effective immediately (article 12/1 of the Civil Protection Framework Law), triggers the mobilization of the competent territorial political and institutional coordination structures, and entails the automatic activation of the civil protection emergency plans at the respective territorial level (article 17/2 and 3 of the Civil Protection Framework Law).

 

STATE OF ALERT

What is and when can a state of alert be declared

A state of alert can only be declared in the event of an actual or imminent serious accident or catastrophe (as defined by law) requiring preventive measures and/or special reaction measures (Article 9.1 of the Civil Protection Framework Act).

A state of alert must be declared through an order expressly stating and establishing (i) the nature of the relevant triggering event, (ii) its temporal and territorial scope, (iii) the appropriate procedures to ensure the technical and operational coordination of the civil protection services and officers, and the resources to be used, and (iv) preventive measures commensurate to the relevant triggering event (Article 14.1 of the Civil Protection Framework Act). A state of alert declaration is effective immediately (Article 12.1 of the Civil Protection Framework Act).

A state of alert declaration entails the deployment of institutional coordination structures with territorial jurisdiction that ensure the liaison between the officers, entities and institutions involved in the protection and rescue operations (Article14.2 of the Civil Protection Framework Act).

It also entails deploying the political coordination structures with territorial jurisdiction, which assess whether their specific territorial civil protection emergency plan needs to be deployed (Article 14.3 of the Civil Protection Framework Act).

A state of alert declaration imposes a special duty on the media, notably radio and TV stations, and on telecommunications operators to cooperate with the coordination structures and broadcast any relevant information (Article 14.4 of the Civil Protection Framework Act).

 

What concrete measures have been adopted under the state of alert?

By means of Council of Ministers Resolution 41-A/2022, of 21 April, the Government enacted and regulated the state of alert.

Without prejudice to the comments on each specific aspect, the regime enacted by Council of Ministers Resolution 41-A/2022 sets forth, notably, the obligation of confinement – at home , in a healthcare facility, or in other locations determined by the competent authorities when the first options are not viable – of COVID-19 patients and those infected with SARS-Cov2 (article 3/1).

The Directorate-General of Health (DGS) may determine the need for diagnostic tests for SARS-CoV-2 to be carried out, (article 4.1), and, when the test results performed under the previous number make it impossible for an employee to access the respective workplace, the absence is deemed justified (article 4.2).

The performance of these tests is without prejudice to the right to the protection of personal data, and the recording or retention of personal data associated with the EU COVID Digital Certificate or with test results, including proof of testing, linked to the identity of the person is expressly prohibited, unless expressly authorised by that person, and the consultation of personal data for the purposes of verifying compliance with the provisions of this article shall be limited to what is strictly necessary (article 4/3).

The protection of the most vulnerable groups, namely residents in residential care facilities for the elderly, integrated continuous care units of the National Network of Integrated Continuous Care and other facilities dedicated to children, youths and people with disabilities, those seeking and benefiting from international protection and victims of domestic violence and human trafficking, as well as inpatients in health care establishments, is determined in accordance with the specific norms and guidelines of the DGS (article 5):

Law 62-A/2020, of 27 October 2020, required all persons to wear a mask to access, circulate or remain in public spaces and on public roads throughout the country. Following successive extensions, such obligation remained in force until and expired on 12 September 2021.

Article 13-B of Decree-Law 10-A/2020, as amended by Decree-Law 78-A/2021, of 29 September 2021 and by Decree-Law 104/2021, of 27 November, has, however, imposed the use of face masks or visors in a variety of places. Under Decree-Law 30-E/2022, of 21 April, however, the use of masks or visors is now compulsory only to access or stay inside health establishments and services, in residential or shelter facilities or home support services for vulnerable populations, the elderly or people with disabilities, as well as in integrated continued care units of the National Network for Integrated Continued Care, and also in other places determined by the Directorate-General for Health (paragraph 1).

This requirement is waived when its use is impractical due to the nature of the activities (such an exemption should be limited to what is strictly necessary, or when determined by the DGS) (paragraph 3), or when a Multipurpose Disability Medical Test or medical statement is presented in the case of people with cognitive disabilities, developmental disabilities, and psychiatric disorders, or medical statement attesting that the person's medical condition is not compatible with the use of masks or visors (paragraph 7).

Masks or visors must be worn by passengers on public passenger transportation, including air transport, in cabs and rideshare platform vehicles (paragraph 4).

The use of masks or visors is only required for persons over 10 years of age, save in teaching establishments, where students from the 5th grade onwards are required to wear them regardless of their age (paragraph 6).

The public or private persons or entities who oversee the relevant venues or establishments, services and public buildings or means of transport, are responsible for enforcing the provisions of this Article (paragraph 8). In the event of failure to comply, the abovementioned persons or entities must inform users not wearing a mask that they may not access, remain in, or use the venues, establishments or public passenger transport and report any users resisting their obligation to the police authorities and forces (paragraph 10). 

Law n. 88/2021, of 15 December, empowered the Government, through the Council of Ministers' resolution which declared a situation of alert, contingency or calamity, to determine the mandatory use of face masks by people over 10 years of age to enter, circulate or remain in public spaces and public roads, whenever the physical distance recommended by the health authorities is impractical, and provided that the measure is necessary, appropriate and proportional to the prevention, containment or mitigation of epidemiological infection by COVID-19 (Article 3(1).

Such law also requires awareness-raising campaigns to be carried out in the media and among the population on the importance of wearing face masks in public spaces and on public roads, to ensure that the population voluntarily adheres to this and other individual and collective protection measures, and to encourage the use of reusable masks and the correct disposal of non-reusable masks (Article 4).

 

STATE OF EMERGENCY

 

What is a state of emergency?

After hearing the Government and obtaining the Parliament's authorization, the President of the Republic may declare a state of emergency, which allows ordering the partial suspension of the citizens’ rights, freedoms and guarantees based on the occurrence (or threat) of a public disaster.
A state of emergency can only be declared if a public disaster occurs or is threatened.
The state of emergency framework is laid down in Articles 19, 134(d), 138, 161(l) and 197.1(d) of the Constitution of the Portuguese Republic, and in Law 44/86, of 30 September 1986.

 

What are the impacts of the declaration of the State of Emergency?

In practical terms, the declaration of a state of emergency may involve the partial suspension of certain rights, freedoms and guarantees, as ordered: e.g. a ban on travel or on engaging in certain personal or business activities.

If necessary, civil administrative authorities can have their powers reinforced and be supported by the Armed Forces.

The declaration of a state of emergency grants public authorities with reinforced powers to take the necessary and adequate measures without observing any formalities (e.g., the Ministry of Health’s power to requisition human or material resources from private-law businesses).

Obviously, as a rule, the declaration of a state of emergency must abide by the principle of proportionality and be limited, in particular regarding its scope and duration and the resources used, to what is strictly necessary in view of the specific circumstances.

 

Can the State adopt just any measure?

The state of emergency cannot affect rights of superior constitutional dignity identified in the law and the Constitution. In particular, the declaration must abide by the principle of equality and non-discrimination, and some basic criminal procedure guarantees (e.g., against illegal arrests and detention) and access to courts. Moreover, it may not impose prior censorship of the media, or prevent meetings of the statutory bodies of political parties, trade unions and professional associations.

The declaration of a state of emergency may in no event affect the rights to life, to personal integrity, to personal identity, to civil capacity and citizenship, to the non-retroactivity of criminal law, the defendants' right of defence and to freedom of conscience and religion.

As for its content, the declaration must specify which rights, freedoms and guarantees are suspended.

 

Which concrete measures have been adopted in the State of Emergency?

In the present case, the last state of emergency partially suspended the following rights (article 4 of the Decree of the President of the Republic 41-A/2021:

a) Right of movement and displacement (which means the possibility of imposing restrictions in order to reduce the risk of contagion and implementing measures to prevent and fight the epidemic, including, if need be, banning all circulation in public roads during certain periods of the day or certain days of the week,  as well as banning all ungrounded displacements, as well as the mandatory confinement of persons infected with the SARS-CoV-2 virus or under active surveillance in a healthcare establishment, at home or, if not possible, at another location defined by the competent authorities, based on their best scientific knowledge); 

b) Private enterprise (public authorities may employ, preferably under an agreement, the health care resources, means and facilities in the private, social and cooperative sectors, subject to fair compensation, according to the extent necessary to ensure the treatment of patients with COVID -19 or the maintenance of health care services to other pathologies. 

Appropriate and indispensable measures may also be taken to ensure normal conditions in the production, transport, distribution and supply of goods and services deemed essential to the activity of the health sector, in particular to ensure the access and regularity in the circuit of medicinal products and vaccines, medical equipment and other health products such as biocides, disinfectant solutions, alcohol and personal protection equipment, as well as the total or partial closure of establishments, services, businesses or means of production and the imposition of changes to their regime or opening hours. The shutdown of facilities and establishments under this decree may not be used as grounds for terminating, early terminating or any other form of termination of non-residential rental contracts or other types of contract for the use of property. Measures may also be adopted to ban any advertising campaigns, which may result in an increase in the number of people at establishments open to the public, namely through the announcement of sales, promotions or liquidations, as well as any measures to control prices and combat speculation or the hoarding of certain goods or materials – namely SARS-Cov-2 testing kits and medical/health supplies –, as well as to limit the service charges and commissions charged to economic operators and consumers by home delivery intermediary platforms for in the sale of goods or the provision of services. The establishments which remain in operation may be subject to certain limitations on the sale of certain products – such limitations will not apply to books and school material, which will remain available for students and the public in general. In addition, it may also be established, by Government decree-law, lower noise levels in decibels or at certain times in residential buildings so as not to disturb workers working from home.

c) Workers’ rights (public authorities may deploy any worker of public, private, social or cooperative entities, regardless of their type of relationship or professional activity and whether they are health professionals or not, namely civil servants in prophylactic isolation or covered by the derogatory protection regime for immunosuppressed and chronically ill people, to support health authorities and services, in particular in conducting epidemiological surveys, tracing contacts and monitoring people under active surveillance. The termination of employment contracts of employees of services and establishments incorporated in the SNS, at their request, may also be limited. Teleworking regime may be mandatory, regardless of the employment relationship, whenever the duties in question so allow and the worker has the necessary conditions to perform the same);

d) The right to the free development of personality and the negative component of the right to health ( it may be necessary to carry out non-invasive body temperature measurements and to carry out diagnostic tests for SARS-CoV-2, in particular for purposes of access to and permanence in the workplace or as a precondition to access public services or institutions, educational establishments and commercial, cultural or sports facilities, in the use of means of transportation or with regard to institutionalised persons or persons staying in residential structures, health establishments, prisons or educational centres and their respective workers);

e) Freedom to learn and freedom to teach (the competent public authorities may impose restrictions in order to reduce the risk of contagion and implement measures to prevent and fight the epidemic in all levels of education in the public, private and cooperative sectors, and in the social and solidarity sector, including pre-school education and basic, secondary and higher education, such as banning or limiting in-person classes, postponing, amending or extending teaching periods, adjusting  assessment methods and suspending or re-scheduling exams);

f) The right to the protection of personal data (the processing of personal data may take place to the extent strictly necessary, although in some cases it is not possible to keep a memory or record of the body temperature measurements taken or the results of the SARS-CoV-2 diagnostic tests. Health-related data can be accessed to and handled by health professionals, including laboratory technicians responsible for performing SARS-CoV-2 diagnostic tests, medical or nursing students, and other professionals. Personal data may also be processed in the case of remote education and insofar as necessary for learning activities to be carried out by electronic means; insofar as strictly necessary for the implementation of contacts for vaccination, processing of personal data between the health services and municipal or parish services is also allowed);

g) Rights to move abroad or to leave from and return to national territory, and international mobility (border control checks on persons and goods , including sanitary and phytosanitary controls at ports and airports, with the aim of preventing the entrance into or exit from national territory or subjecting such entry or exit to the satisfaction of the necessary conditions to prevent the epidemic from spreading or the overload of the resources assigned to its control, may be established, namely by suspending or limiting arrivals or departures from or to certain places, imposing a compulsory diagnostic test for SARS-CoV-2 or the compulsory confinement and prophylactic isolation in a location to be determined by the competent authorities, with the Government being able to establish differentiated rules for certain categories of citizens, namely for professional or educational reasons, such as Erasmus students).

 

Can measures be imposed to just some parts of the territory?

A state of emergency may be declared regarding all or part of the national territory and must only be declared regarding such area or territory where the measures are deemed required to ensure or restore normality. Among others, measures can be adopted to restrict circulation or impose forced quarantine in certain areas.

In the present case, the state of emergency, which will be effective until 30 April 2021, covers the entire national territory.

 

How long can a state of emergency last?

A state of emergency shall only last for as long as strictly required to protect the rights and interests envisaged and to restore normality.

Maximum duration is 15 days, without prejudice to any renewal for one or more identical periods if the cause which determined it should subsist.

 

What are the consequences of breaching the measures ordered by the authorities during a state of emergency?

Any person breaching the provisions in Law 44/86 and in the declaration of a state of emergency (or in its implementation) may be punished for a crime of disobedience.

 

 

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This information is being updated on a regular basis.

All information contained herein and all opinions expressed are of a general nature and are not intended to substitute recourse to expert legal advice for the resolution of real cases.

Such renewal was implemented by the Government, nationwide, by means of Decree 6/2021, of 15 April 2021, and, in the Autonomous Region of Azores, by means of Regional Regulatory Decree 3-A/2021/A.