The PP urges that the restrictions by the Covid-19 do not require authorization from the Justice

• Courts.Madrid will appeal the annulment of the order that prohibits smoking and closes nightlife
• Measures: Galicia prohibits smoking in the street if social distance cannot be maintained

In a worrisome epidemic situation, with outbreaks and infections due to Covid-19 on the rise, and with the confusion in society about going back to school and work, the PP urges the Government to agree on a legal plan that allows to expedite and "give legal security for institutions and citizens ". In this sense, the popular ones argue that for the restriction of rights, for example in a region, does not require prior judicial authorization.

On the retina, what happened this week in Madrid, where the Contentious-Administrative Court number 2 of Madrid overturned the restrictive measures established by the government that, among other means, contemplated the prohibition of smoking in public spaces without safety distance or the closure of nightlife. Meanwhile, in Galicia this smoking ban was ratified by the Justice. A "legal nonsense", in the opinion of the PP.

"In the situation in which we find ourselves, we propose that the public administration can restrict or condition rights under criteria of proportionality, suitability and necessity, without prejudice to its subsequent judicial control", explains Enrique López , secretary of Justice and Interior of the PP and counselor of Justice of Madrid.

The judicial control of these administrative resolutions would be later -for example, in case there were resources- and would be undertaken either by the Administrative Litigation Chamber of the Superior Courts of Justice in the case of the autonomous communities, or by the Supreme Court in the case of the Government of Spain.

The PP is aware of the demand for judicial ratification of the administrative act in cases of deprivation of liberty or forced medical treatment, such as quarantine or involuntary medical procedures. However, they consider that restricting freedom of movement in the event of a pandemic would not require the same legal treatment. "It would be measures sufficiently justified by the risk, as in this case, of a contagious disease that seriously affects and harms public health," López points out to this newspaper.

"It is not a problem that the communities do or do not do. It is a problem of law, which generates predictability in its consequences for both the Administration and the citizen," explains the head of Justice of the PP.

The popular ones urge the Government to undertake an urgent legal reform that provides the Government and the rest of the administrations with mechanisms to be able to stop the contagions that, they consider, could be done in a short time. On July 28, they already registered in Congress a Proposal for an Organic Law for the Protection of Health and Fundamental Rights and Freedoms , where they expose a broad legal reform that would include changes in the Law regulating the Contentious-Administrative Jurisdiction (LJCA) to avoid that judicial permission.

However, they consider that it is a "patch", "to get out of the way", but that "an effort would have to be made to make a new pandemic Law as exists in Germany."

From the PP they consider that returning to the state of alarm would be "reckless" and asks to use "all the ordinary legal system in matters of Health". His proposal is to provide "clarity" laws such as special measures in public health, so that the health authority can adopt measures for the control of patients and their contacts and for the "forced submission of suspected persons to public health observation ".

They also propose, in order to avoid a new state of alarm, that the health authority can "control or limit the entrances and exits of the affected or threatened area", and even limit movement in said area, the right to free movement or the right of assembly.

According to the criteria of The Trust Project

• PP
• Madrid
• Supreme court
• Galicia
• Spain
• Germany

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