South Korea has set off alarm bells around the world. Your president, Yoon Suk-yeoldecided to apply martial law last morning to protect the “constitutional order” and by accusing the main opposition party, the Democratic Party (PD) of colluding with North Korea.
The decision was harshly criticized by the entire opposition and also in her own partyso it only took a few hours to overthrow it by vote in Parliament. All this, after the images of tanks in the streets and protests in the streets of Seoul.
Hours after the rejection of martial law, the opposition as a whole has initiated the motion of censure procedure to remove Yoon Suk-yeol, a leader cornered by the minority of his Government, without control of Parliament and by the scandals of recent times, including his wife accepting a gift valued at $2,200 or falsifying his resume.
What is martial law?
Martial law means temporary suspension of civil authority and transfers control of the State to military authoritieswhich control the executive and judicial power. It also involves the restriction of civil rights such as assembly, demonstrations, protests and media activity.
In the case of South Korea, Parliament could not act normally and these decisions are justified in times of crisis.
Could martial law be declared in Spain as has happened in South Korea?
In Spain, the laws do not contemplate the regulation of martial law as such, but rather the regulations refer to the possible application of states of alarm, exception or siege in Organic Law 4/1981, of June 1, when they occur. extraordinary circumstances that prevent the maintenance of normality through the ordinary powers of the State authorities.
They are the most similar cases that can be raised in our country, in whose applications the measures “strictly essential to ensure the restoration of normality” are proposed and the operation of the constitutional powers of the State is not interrupted.
State of alarm
The state of alarm was the one applied during the pandemic coronavirusmust be carried out by decree approved by the Council of Ministers and its extension must have the support of the Congress of Deputies. During this, all authorities remain at the direct disposal of the competent authority, and there may be sanctions if there is non-compliance or resistance to its orders. It also means limiting the movement of people, among other restrictions.
Thus, it enables the Government to apply this situation when any of the following “serious alterations to normality” occur:
- Catastrophes such as earthquakes, floods, fires or large accidents.
- Health crises.
- Paralysis of essential public services.
- Situations of shortages of essential products.
Emergency
can be applied when the free exercise of citizens’ rights and freedoms or the functioning of public institutions or services is “seriously altered”the Government can proceed with certain actions such as inspections, searches, arrests, interventions in communications, transport, prohibition of movements, publications, meetings or demonstrations, being similar to the state of alarm.
Siege status
This is the most serious situation that can apply in the event that an insurrection or act of force against the sovereignty or independence of Spain occurs or threatens to occurits territorial integrity or the constitutional order. It should only be decreed if the crisis cannot be resolved by any means.
In this scenario, the Government designates the military authority to execute the appropriate measures in the face of the crisis under its same direction and means.
