What measures can the State take to stop the spread of COVID-19? Could the Government or other public entities impose restrictions on me (e.g. limit freedom of circulation, restrict my establishment’s opening hours) based on the need to fight the COVID-19?

The COVID-19 could also warrant regulatory or authoritative measures on the part of Government with a direct impact on private businesses, including suspending their activities or shutting down services, public and private establishments, as well as the compulsory confinement or provision of health care to persons who constitute a danger to public health – as already occurred with the imposition of restrictions on the functioning of educational institutes, commercial establishments and restaurants, through Decree-Law no. 2/2020, Decree-Law no. 4/2020 and Decree-Law no. 5/2020).

Businesses can anticipate those measures and set up a plan of action in the event of contagion, quarantine, compulsory shutdown, limitations to air travel or circulation and shutdown of non-essential public services.

Essential goods and services and workers associated with those services - such as retired health professionals - should not rule out the possibility of civil requisition.

 

Am I entitled to compensation for any restrictions imposed by those measures?

There are no provisions on the liability of the State and other public legal persons for the performance of lawful acts. In very exceptional circumstances, however, in case of infringement of rights, freedoms and guarantees during the state of emergency, based on any unlawful measure adopted during the same, notably, unlawful or unwarranted imprisonment, entitles the injured citizen to compensation under the general terms.

 

__________________________

This information is being updated on a regular basis.

The information provided and the opinions expressed herein have been prepared with the help of VdA Legal Partners and are of a general nature. They are not in lieu of appropriate legal advice in connection with specific cases.