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Legal loopholes will make it difficult to collect fines for going without a mask

| News | Public and Regulatory Law

Carlos Morales analyses the legal loopholes that will make it difficult for administrations to collect the fines they impose for going without a mask

A total of twelve autonomous regions have already regulated the obligatory use of face protection with masks to prevent Covid-19 from re-emerging, even though the safety distance of one and a half metres is respected, as established by state legislation. which has numerous legal loopholes. These will make it difficult for the authorities to collect the fines they impose, as already happened with the sanctions imposed for skipping confinement during the state of alert.

The Royal Decree-Law 21/2020, of 9th June, on urgent measures of prevention, containment and coordination to confront the health crisis, validated by Congress on 25 June, maintains the obligatory use of masks in the public thoroughfare, in open air spaces and in closed spaces for public use or that are open to the public, as well as in transport.

Carlos Morales, Director in the Andersen Department of Public Law and Regulation, warns that the lifeguards and beach surveillance personnel do not have the status of agents of the authority. Therefore, they cannot force bathers to wear their masks. This will require the continued presence of law enforcement agencies to monitor compliance.

The full article can be read in El Economista.

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