The Public Prosecutor's Office of the Community of Madrid is going to appeal the decision of the Superior Court of Justice not to ratify the confinement of Madrid and other localities.

This was announced this Friday by the Public Ministry, which has five days to present an appeal for reconsideration.

It is solved by the same Chamber that made the decision, so the chances of success are remote.

However, it opens the door to a last appeal before the Supreme Court.

The Prosecutor's Office had asked the TSJ to endorse the measures that the Minister of Health wanted to impose on the capital.

In his letter to the court, he considered ratification "appropriate", indicating that entry and exit restrictions in territories of greater or lesser extension can be adopted "based on state and regional health legislation."

And that in addition, they conform to the criteria of proportionality and necessity without taking into account economic or social reasons that could also be worthy of protection because public health is the only legal right that must be safeguarded to ratify the measure.

The Supreme Court did not enter into the proportionality or not of the measures, because it rejected ratification by estimating that the only adduced law, that of Cohesion, and Quality of the National Health System, does not protect the limitation of fundamental rights such as free movement .

The Prosecutor's Office relied on the fact that the Madrid TSJ had already validated the confinements by sanitary zones, so it was enough to follow the same criteria.

The court responds that the Prosecutor's Office "does not notice" that unlike on that occasion, on this occasion the organic laws that protected the restrictions are not alleged, only the Cohesion Law that it considers insufficient.

The Public Ministry also invoked the Civil Protection Law, which according to the court has "no direct relationship" with the case examined.

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