• Jurists: Experts believe that Torra lacks the powers to confine the population
  • Constitutionality.The Government called the Generalitat to recommend an appeal of the car against confining Lleida
  • Maneuver Quim Torra tries to outwit the judge and asks the citizens of Lérida to abide by the confinement

The Generalitat will have full powers to manage the Covid-19 pandemic, although the specific measures that it will carry out to curb the outbreaks of the virus that have arisen in towns such as Lleida are currently in the air, waiting to know the resolution or resolutions that will complete the new decree-law that modifies Catalan health legislation.

The possibilities contemplated in this decree-law, approved by the President of the Generalitat Quim Torra and the Health Minister Alba Vergés , are so ambiguous that they open the door to a confinement of the total or partial population for an indefinite period of time - "en principle not exceeding fifteen days "although they may also be extendable-, where" proportionality "of the measures adopted must prevail.

In short, it is a kind of umbrella so that the Govern can manage the health crisis outside the central Government and without having to request the Executive to decree the state of alarm .

The aforementioned decree modifies Catalan Public Health Law 18/2009, expressly establishing measures that can be adopted in pandemic situations, defining the procedure to be followed and the indicators that objectively justify their adoption, requesting mandatory reports from the Agency Public Health .

The adoption of the measures of "limitation to the activity, of the displacement of people and the provision of services in certain territorial areas" is aimed at "guaranteeing the control of infections and protecting the health of people, adapting to the principle of proportionality" , according to the decree-law.

The Generalitat may regulate the personal movement of Catalans by limiting them as well as maintaining essential movements at all alert levels "provided they are carried out individually or with the coexistence unit and with all the hygienic and distancing precautionary measures "

"Essential displacements"

In the decree-law on the adoption of urgent measures to face the risk of outbreaks of Covid-19, the Government considers essential trips to go to work or school, to weddings or funerals with limited capacity, go to supermarkets, food stores and pharmacies as long as they are in the same municipal term as the domicile, carry out official exams or tests that cannot be postponed or go out to exercise care for the elderly or minors, among others.

Likewise, it is stated that the subsequent resolution that completes this decree-law and establishes the measures adopted will indicate its duration, "which in principle does not have to be more than 15 days, except that the necessary establishment of a longer term is justified, notwithstanding that the extension can be requested, justifying the maintenance of the conditions that justified its adoption. "

Likewise, the Generalitat indicates that "the establishment of the aforementioned measures must be carried out always taking into account the slightest impact on the rights of persons, and whenever possible, they must be adjusted territorially to the minimum scope necessary for Its effectiveness also adds that the resolution by which the concrete measures are adopted may establish graduation mechanisms for the measures based on the evolution of the indicators.

Facing a possible unconstitutionality appeal promoted against the decree, the Quim Torra Government affirms that these movement limitations "in no case lead to the suspension of fundamental rights, nor a general restriction, but proportionate to the necessary preservation of the health of all citizens and limited to certain sectors of activity, limited geographical areas, activities that promote a special risk of contagion, etc ". Furthermore, the Generalitat refers to the order issued by the Constitutional Court on April 30 where the magistrates endorsed the limitation of the fundamental right of demonstration, giving priority to the right to health during the health emergency.

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  • Lleida
  • Quim Torra
  • constitutional Court
  • Covid 19
  • Coronavirus
  • State of alarm

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