HERRAMIENTAS JURÍDICAS FRENTE A SITUACIONES DE EMERGENCIA SANITARIA ¿HASTA DÓNDE SE PUEDEN LIMITAR DERECHOS SIN RECURRIR A LA EXCEPCIONALIDAD CONSTITUCIONAL?

This article analyses some of the proposals made in relation to the regulation of health emergencies. Specifically, it looks at what kind of decisions could be taken under the so-called "law of normality", i.e. in the absence of the declaration of one of the three states of exceptionality ("law of exception"). A brief review is made of the normative changes that have been applied, few at the state level, somewhat more extensive at the autonomous community level. The jurisprudence of the High Courts of Justice and the Supreme Court is critically reviewed. It also explains why the task of prior control entrusted to judges does not fit in with the principle of the separation of powers, and finally, it makes a group of proposals that should be incorporated into current legislation. [ABSTRACT FROM AUTHOR]