The ruling by the Spanish Constitutional Court, declaring several provisions of the 2020 state of alarm unconstitutional, has triggered a wave of penalty annulments. According to the Ministry of Territorial Policy and Democratic Memory, as of September 3, 2025, a total of 92,278 fines had already been officially revoked – marking a milestone in the legal reassessment of pandemic policies.
Source: Nachrichten.es; 05 October 2025
Reversal of a legal state of exception
During the strict lockdowns of the first state of alarm in spring 2020, more than one million fines were imposed nationwide on citizens who violated the then existing mobility restrictions. With the new ruling, a significant portion of these measures is now considered void. Experts estimate that more than one million cases could be affected overall.
Most of the penalties imposed were proposed by national security forces and subsequently processed by government sub-delegations reporting to the ministry headed by Ángel Víctor Torres. The 93,000 fines annulled so far represent only the first phase of the legal consequences of this historic decision.
Violation of fundamental rights through restriction of freedom of movement
The Constitutional Court determined that certain sections of Article 7 of Royal Decree 463/2020 constituted an unjustified suspension of the fundamental right to freedom of movement. According to the judges, such far-reaching restrictions could only have been imposed under a state of emergency, not under a state of alarm.
Since the ruling applies retroactively, all administrative acts based on the provisions declared unconstitutional must be regarded as “invalid from their origin.” This particularly affects cases that have not yet been legally finalized.
Massive burden on administration and courts
The annulment of tens of thousands of fines poses an enormous administrative challenge for Spanish authorities. Numerous citizens have submitted claims for refunds, but the processes are progressing slowly and unevenly, depending on the region.
Complicating matters further, many fines were paid immediately under the system of prompt payment. Other cases are under appeal or already closed, making the reversal process complex.
Judges had already annulled fines in 2020
As early as 2020, some courts had overturned initial fines for lacking adequate legal basis. The so-called “Ley Mordaza” (Gag Law) was particularly criticized as an improper foundation for Corona sanctions.
Today, the Constitutional Court’s decision confirms this perspective: the entire penal apparatus of the first state of alarm stands on shaky ground and could develop into one of the most extensive legal corrections in Spain’s recent history.
Outlook: a legal and political challenge
The 92,278 fines annulled so far are just the tip of the iceberg. While citizens continue to assess their claims, institutions must now ensure lawful restitution.
Legal experts expect that the final number of annulments will rise significantly in the coming months—potentially exceeding one million cases. This places Spain before an unprecedented legal reckoning of the pandemic era.
