In recent months after the end of the state of alarm decreed in March of this year, the different public administrations have been adopting numerous provisions and measures of different nature and scope in order to promote a gradual social and economic recovery, while trying to contain the advance of the pandemic.
The reality is that, despite the determination by the health administrations in the implementation of numerous measures, not only of a restrictive nature but also of a very diverse nature, in the field of health prevention, testing and screening selective or broad spectrum, in the strengthening of the health system through the implementation of material and personal resources, and despite the sacrifices and efforts made by a large majority of citizens who, in an exercise of responsibility and collaboration, have adequately complied with the containment measures adopted to stop the pandemic, the epidemiological situation in the whole of the Spanish State and also in the Region of Murcia has suffered an obvious worsening in recent weeks and days due to the increase in detected cases,which places us at a risk level that makes it essential to redouble the intensity and scope of the agreed measures.This evolution of the health crisis produced by the COVID-19 epidemic is all the more pressing if we also analyze the specific situation in which many Health Services are beginning to find themselves, as a consequence of the healthcare pressure that health centers and services are suffering. of the National Health System. Circumstances these that, in no way, are alien to the Autonomous Community of the Region of Murcia.
For all these reasons, the Government of the Nation has proceeded to the recent approval of Royal Decree 926/2020, of October 25, which declares the state of alarm to contain the spread of infections caused by SARS-CoV-2 , in order to establish a general regulatory framework, which sets minimum and basic rules for all territorial administrations, while guaranteeing sufficient legal coverage in relation to certain restrictive measures of fundamental rights, and this in consideration of the difficulties that have arisen for the application of this type of limitations and restrictions in some Autonomous Communities.
The most relevant measures adopted by the aforementioned Royal Decree 926/2020, October 25, imply the limitation of the mobility of people at night, in order to avoid as much as possible the spread of the infection in that time slot in which they usually there have been so many contagions, the possibility of limiting the entry and exit of the territories of the autonomous communities, or also the limitation of permanence of groups of people in public and private spaces set at a maximum of six people, as well as the possibility of establish capacity limitations in places of worship.
In any case, all these restrictive measures can be punctually modulated, made more flexible and even several of them adopted or not by the competent delegated authorities who, in this second state of alarm, are the Presidents of the autonomous communities and cities with Statute of Autonomy, in accordance with article 2.2 of the aforementioned Royal Decree.
In line with this provision, the Decree of the President 6/2020, of October 25, has been issued, in which the establishment of the limitation of the permanence of groups of people in spaces was agreed for the territorial scope of the Murcia public and private, set at a maximum of six people, although this measure was already being applied in our Autonomous Community as well as the introduction of certain criteria to limit the permanence of people in places of worship.
Likewise, article 6 of the aforementioned Royal Decree 926/2020, 25 October, has also regulated the limitation of the entry and exit of the territories of the autonomous communities, as well as territorial districts of lower scope, allowing only those displacements supported by certain exceptions, which must be duly justified, in order to reduce the mobility and spread of the virus, and whose final decision on its implementation or not corresponds to each of the delegated competent authorities.
In recent days, the seriousness of the epidemiological evolution situation not only in Spain but also, particularly, in the Region of Murcia has been increasing at a highly worrying rate. In this sense, according to the epidemiological reports issued by the competent services of the Ministry of Health, it is observed that the accumulated incidence rate in just these last seven days of October reflects an increase ten times higher than the incidence rates that occurred at beginning of August, which translates into an exponential increase in cases and worrying healthcare pressure, which also puts the entire regional public health system at risk.
On the other hand, the epidemiological analysis of the results obtained in some of the municipalities of the Region in which similar measures have been adopted to restrict territorial mobility in recent months also reflects the beneficial effect on flattening and, later, control of the contagion curve, which shows the proportionality and reasonableness of the adoption of these measures.
Likewise, the epidemiological report of October 29, 2020, includes that in the Region of Murcia to date 35,807 cases of COVID-19 have been diagnosed, with 10,583 active cases at the moment, and 510 patients are currently hospitalized and 89 of them in the ICU, which consequently shows this potential risk for the healthcare capacities of the healthcare system.
The Action Plan for coordinated response to control the transmission of COVID-19 updated on October 22, 2020, agreed by the Interterritorial Council of the National Health System, shows indicators with a range of values that are used to determine the level of risk of transmission of SARS-CoV-2. Evaluating the proposed indicators together, the Region of Murcia shows a high level of risk as a whole, as well as in most of the municipalities, with minimal exceptions.
In this regard, in the aforementioned epidemiological report, the analysis by municipalities shows that 35 of them are at a very high risk level as they have a cumulative incidence rate in the last 14 days higher than 250 cases per 100,000.- inhabitants and another 5 are at high risk, only 3 are below 100 and in 2 of them with very few inhabitants there are no cases at this time.
In the “Coordinated response actions for the control of the transmission of COVID-19”, agreed by the Plenary of the Interterritorial Council of the National Health System in its meeting of October 22, 2020, it is already considered for a high level of risk to recommend the population to leave the home only as much as necessary, avoiding closed spaces in which activities incompatible with the use of masks are carried out and many people attend and assess the limitation of entrances and exits from the evaluated territorial area except for essential activities. Given that most of the municipalities are at a high or very high level of risk, the restriction of mobility between territories can precisely prevent a greater impact on those few municipalities that are in a better situation,
Therefore, through this Decree it is agreed, in attention to the current epidemiological reality, the adoption of measures to restrict territorial mobility that imply a limitation of entry and exit of people throughout the territorial scope of the Region of Murcia, at the same time that, additionally, said restriction on the mobility of people is also agreed with respect to the territorial scope of each of the municipalities of the Autonomous Community.
According to the provisions of the Constitution and the Statute of Autonomy of the Region of Murcia, article 2 of Law 6/2004, of December 28, of the Statute of the President and of the Governing Council of the Region of Murcia, the President of The Autonomous Community holds the supreme representation of the Region of Murcia and the ordinary representation of the State in its territory, presides over the Governing Council, and also directs and coordinates the Public Administration of the Autonomous Community.
By virtue of the foregoing, at the proposal of the Minister of Health, and in use of the powers conferred as delegated competent authority, by Royal Decree 925/2020, of October 25, which declares the state of alarm to contain the spread of infections caused by SARS-CoV-2
Article 1. Limitation of the entry and exit of people in the territorial scope of the Region of Murcia.
1. The entry and exit of people from the territorial scope of the Autonomous Community of the Region of Murcia is restricted, under the provisions of article 6.1 of Royal Decree 926/2020, of October 25, which declares the state of alarm to contain the spread of infections caused by SARS-CoV-2, except for those adequately justified movements that occur for any of the following reasons:
a) Attendance at health centers, services and establishments.
b) Compliance with labor, professional, business, institutional or legal obligations.
c) Attendance at university, teaching and educational centers, including nursery schools.
d) Return to the place of habitual or family residence.
e) Assistance and care for the elderly, minors, dependents, people with disabilities or especially vulnerable people.
f) Travel to financial and insurance entities or refueling stations in neighboring territories.
g) Required or urgent actions before public, judicial or notarial bodies.
h) Renewals of permits and official documentation, as well as other administrative procedures that cannot be postponed.
i) Taking exams or official tests that cannot be postponed.
j) Due to force majeure or situation of need.
k) Any other activity of a similar nature, duly accredited.
Article 2. Limitation of the entry and exit of persons from the territorial scope of all the municipalities of the Region of Murcia.
Additionally, by virtue of the provisions of article 6.2 of Royal Decree 926/2020, of October 25, the restriction of the entry and exit of people with respect to the territorial scope of the municipality in which their habitual residence is established is determined, without prejudice to the application of the exceptions provided in the previous article.
Article 3. Exclusion of the limitation of circulation.
Movement in transit through the territorial areas in which the limitations set forth in this Decree are applicable shall not be subject to restriction.
Article 4. Application of the measures adopted. Sanctions regime. Collaboration between Public Administrations.
4.1 Citizens must actively collaborate in the fulfillment of the measures provided for in this Decree.
4.2 Failure to comply with the provisions of this decree or resistance to the orders of the competent authorities may be sanctioned in accordance with the laws, in the terms established in article 10 of Organic Law 4/1981, of June 1, of the states of alarm, exception and siege, as well as the provisions of Decree Law 8/2020, of July 16, which establishes the sanctioning regime for non-compliance with the prevention and containment measures applicable in the Region of Murcia to face the health crisis situation caused by COVID-19 and other applicable regulations.
4.3 This Decree will be transferred to the Government Delegation and the Town Councils will be informed in order to seek their cooperation and collaboration through the security forces, for the control and application of the measures adopted.
Article 5. Regime of resources.
A contentious-administrative appeal may be filed against this Decree within a period of two months from the day following its publication in the Official Gazette of the Region of Murcia before the Contentious-Administrative Chamber of the Supreme Court, in accordance with provided in article 12 of Law 29/1989, of July 13, on the Contentious-Administrative Jurisdiction.
Article 6. Effects.
This decree will take effect on the day of its publication in the Official Gazette of the Region of Murcia and will remain in effect until 00:00 hours on November 9, 2020, without prejudice to the fact that, where appropriate, it may be extended or , where appropriate, modified, made more flexible or without effect depending on the evolution of the regional epidemiological situation.