Spain is experiencing a distressing situation. It is once again the country in all of Europe with the highest rate of coronavirus infections and the situation has entered a critical phase with the uncontrolled pandemic in different areas . Even Fernando Simón has stopped acting as a government spokesman for once with inconsequential messages to the liking of Sánchez and Illa and on Thursday he categorically admitted that "things are not going well; there could be many deaths." The outbreaks have multiplied and, while hospitals prepare to suffer a very complicated stress situation again, reserving entire plants for Covid patients, the damage that our economy is suffering is devastating .

Well, all that said, it turns out that practically nothing can be done to combat the epidemic. It is not a conclusion from the resignation, but what can be deduced from yesterday's order of a judge in Madrid that annuls the latest measures adopted by the Government of this Community to stop the spread of the virus . The magistrate says that "fundamental rights cannot be limited without a prior declaration of a state of alarm." What happened is extremely serious. And it forces a Government of the Nation to point out what is yet to come that went from alarm to inhibition , making a very serious abandonment of responsibilities.

It is a shame that President Sánchez and most of his ministers have been as if nothing on vacation despite the fact that we are stuck in an institutional legal maze while we fight with an invisible enemy and as fearsome as Covid-19 . The decision of this judge, if repeated in the rest of the territories, leaves the autonomous governments disarmed. So what do we do when it comes to a health issue with so many lives at risk? We have come here because Sánchez refused since April, when opposition parties such as the PP began to claim it from him, to take advantage of the final phases of the de-escalation to promulgate a regulation that, within ordinary legislation, would serve as a legal basis for the communities to manage the current stage . The Government preferred to extend the use of the state of alarm and was unable - or did not want, what is worse - to promote legal coverage that would now avoid the legal vacuum or regulatory chaos . Afterward, he washed his hands as if pretending to visualize that it is either him or chaos. Sánchez's mouth was filled with "co-governance" when his obligation was to give the autonomies legal weapons and assume coordination .

The judge says that without the special framework established in the Constitution, it is not possible to prohibit smoking in the street or demand that bars be closed early. It should be remembered that, by dragging, Minister Illa endorsed these and other measures to make them homogeneous throughout Spain. But, so sloppy was his performance that the magistrate makes him ugly now that the ministerial order has not even been published in the BOE . In any case, leaving the application of these rules to the discretion of each judge is losing before fighting.

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