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Spain’s COVID restrictions declared unconstitutional, over 90k fines struck down
Spain’s top court has voided tens of thousands of COVID-era fines, declaring key aspects of the 2020 lockdown an illegal suspension of basic freedoms.
ANDREAS WAILZER for LIFESITE NEWS
More than 90,000 COVID fines have been overturned so far after the Spanish constitutional court declared the draconian 2020 COVID measures unconstitutional.
As Spanish news outlet The Objective reported, 92,278 fines were annulled as of September 3, 2025, following the declaration of certain provisions of the 2020 state of emergency decree, which was in effect during the first COVID-19 lockdown, as unconstitutional.
Queue of people waiting to receive COVID-19 vaccine at the Hospital Enfermera Isabel Zendal on April 17, 2021, in Madrid, SpainAlvaro Laguna/ShutterstockHowever, these penalties only represent the first wave of fines set to be annulled, with many more expected to follow. During the strict lockdown under the state of alarm in 2020, more than 1 million penalties were imposed nationwide, and an estimated 1.3 million people were fined for violating the prohibitive restrictions.
In its ruling, the Constitutional Court determined that certain sections of Article 7 of Royal Decree 463/2020, which pertains to the general prohibition on movement, implied an unjustified suspension of the fundamental right to freedom of movement, rather than merely a limitation. This suspension exceeded the power of the declared state of alarm, the court found. The court determined that such a severe restriction could only have been implemented under a stricter state of emergency, which requires more rigorous parliamentary proceedings.
This ruling now retroactively applies to all penalties issued during the 2020 lockdown, putting a significant burden on the administrative state. The Objective reports that “enforcement has been slow and uneven depending on each territory,” showing that the refunds could take months or years.
The Objective reiterates that the 92,278 cases revoked to date “are just the tip of the iceberg of a regulatory crisis” stemming from the draconian lockdown policies imposed by the Spanish government in 2020.
Source
Featured image source: https://lexatlas-c19.org/spanish-supreme-court-clarifies-legal-framework-of-restrictive-measures-adopted-under-public-health-legislation/
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