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The

State Attorney

has already presented the contentious-administrative appeal before the Third Chamber of the Supreme Court requesting the precautionary suspension of the curfew agreed by the Government of Castilla y León headed by

Alfonso Fernández Mañueco.

Legal sources consulted explain that since the Executive has desisted from requesting very precautionary measures - since it has directly requested precautionary measures - the Chamber has more than ten days to pronounce on the appeal presented by the Government of Pedro Sánchez.

Likewise, since it is a procedure where fundamental rights are affected, the Fourth Section of the Contentious-Administrative Chamber will send it to the Prosecutor's Office and the defendant, that is, the Junta de Castilla y León, to present their allegations in a maximum term of eight days, as established by law.

Sources in the Chamber consulted by EL MUNDO report that they will try to resolve the precautionary incident as quickly as possible and will begin to study it on Tuesday.

The rapporteur for the appeal is Judge

Rafael Toledano.

To stop the expansion of the coronavirus, the Junta de Castilla y León decided to impose a curfew in its community at 8:00 p.m., an hour that was not endorsed by Health, based on the fact that the decree allows a fan from 10:00 p.m. to 10:00 p.m. 7:00 am.

Health has decided to appeal this measure because it believes that it violates the regulation mentioned in the decree of the state of alarm of the so-called curfew.

The Government argues that it expressly determined in Article 5 as the period for the limitations of the freedom of movement of persons at night time between 11:00 pm and 6:00 am, "only allowing the competent delegated authorities to determine within their scope territorial 'that the start time of the planned limitation [....] is between 22:00 and 00:00 and the end time of said limitation is between 5:00 and 7:00. "

According to the criteria of The Trust Project

Know more

  • Supreme court

  • Alfonso Fernandez Manueco

  • Castile and Leon

  • Coronavirus

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