• Direct Coronavirus Spain today, breaking news

  • Community plans End of the state of alarm: restrictions from May 9 in Spain

  • Valencian Community The Supreme Court guarantees that the Valencian Community maintains the curfew and the limit of meetings after the state of alarm declines

  • Balearic Islands The High Court of the Balearic Islands guarantees that the curfew continues after the end of the state of alarm

  • Basque Country The Basque judges overturn the curfew, the closure of Euskadi and its cities that the Lehendakari intended

The end of the

state of alarm

, the legislative umbrella that allowed the autonomous communities to limit fundamental rights to contain the spread of the

coronavirus

, brings with it a judicial front that leaves certain paradoxes throughout the Spanish territory.

While the higher courts of justice of the

Balearic Islands

and the

Valencian Community

have endorsed that restrictions on mobility are maintained in the respective regions, the judges have followed the opposite path in the Basque Country, where they have overturned the curfew and the perimeter closures of the Basque Country and its cities.

The TSJPV overturns the restrictions of the lehendakari

"Our current legal system does not allow the

Autonomous Communities to

agree, out of the state of alarm,

restrictive measures of fundamental rights of

a general non-individualized nature", defends the Contentious Chamber of

the Superior Court of the Basque Country

to oppose the continuity of the restrictions that the Lehendakari

Iñigo Urkullu

intended

without the state of alarm.

The ruling of the Basque judges rejects that the

Organic Law of Health

can be used

to limit fundamental rights and leaves Urkullu with a narrow margin

to approve new restrictions.

The TSJPV shares the thesis of the Chief Prosecutor of the Basque Country

Carmen Adán

and goes further by ruling out even that the groupings of people can be limited to 4 individuals.

Endorsement of restrictions in the Valencian Community

The Fourth Section of the Contentious-Administrative Chamber of

the Superior Court of Justice of the Valencian Community (TSJ)

has authorized the limitations on night mobility, social or family gatherings and capacity in places of worship agreed by the Generalitat Valenciana this Thursday before the end of the state of alarm.

But the magistrates limit the validity of these restrictions to the period between May 9 and 24 - not until May 30 as requested by the Administration - and establish that it will be the evolution of the pandemic and the rate of vaccination that determine "the need -or not- of its extension or the adoption by the competent authority of measures of greater laxity in the affectation of fundamental rights".

The Prosecutor's Office had endorsed the

restrictions requested by the Generalitat

Valenciana before the imminent

end of the state of alarm

on May 9. The prosecutor spokesman for the high court,

Jaime Gil

, confirmed this Friday that the public

prosecutor

does not oppose the proposed measures and that they affected two fundamental aspects: the curfew and the limitation of social gatherings. Later, the Fourth Section of the Contentious-Administrative Chamber of

the Superior Court of Justice of the Valencian Community (TSJ)

has effectively authorized the restrictions proposed by the Government.

Once the state of alarm subsides, the Generalitat proposes maintaining the limitation of night mobility between 0 and 6 o'clock.

That is, the curfew is maintained, although only after midnight, as demanded by the restoration to be able to serve dinners.

In addition, the maximum number of people in social gatherings is set at 10, "both in public and private spaces, outdoors or indoors."

Finally, we want to limit the capacity to 75% in places of worship.

Judicial battle in the Balearic Islands

The Balearic Justice also endorsed this Thursday that the autonomous government chaired by the socialist

Francina Armengol

can continue to maintain the most severe restrictions despite not having the umbrella of the state of alarm.

Despite the fact that the issue has clearly divided the court, the

Superior Court of Justice of the Balearic Islands (TSJB)

made this decision on Thursday morning after meeting urgently to resolve the request of the Balearic Executive, who on Monday asked him to pronounce in favor of maintaining the most restrictive measures, guaranteeing that it does not violate the law.

Specifically, they want to extend

the curfew until May 23 between 11 p.m. and 6 a.m.

Also continue to limit the capacity in places of worship, extend the prohibition of social gatherings of more than 6 people even in private spaces and extend the requirement of PCR tests to travelers entering through ports and airports, including those who come from the rest of Spain. In fact, yesterday the ports began to be instructed to ensure that this requirement continues to be met.

The Balearic Prosecutor's Office opposed the continuation of these limitations, claiming that they exceed the powers of the Balearic government and that they can only be applied under the protection of the figure of the state of alarm or an organic law by affecting

fundamental rights

protected by the

Spanish Constitution.

.

On the contrary, the Government alleged that there are three laws that give it scope to act in that sense due to the health exceptionality of the moment.

He based his report on Law 14/86 of the General Health Law, on Public Health Law 33/2011 and on the Autonomous Health Law of 2003. In addition, he presented reports from the committee that advises the government statistically linking the relaxation of measures with the increase in the incidence of the virus.

The Administrative Litigation Chamber of the TSJB initially blocked this claim by refusing to decide on the merits of the matter until the Government decided to do so.

That caused President Armengol to summon her advisers yesterday to approve the extension of the measures and then submit them to the TSJB's supervision.

Finally, the highest judicial instance of the Islands has agreed with the Government.

But he has done it with a

clear internal division between the five magistrates when the vote went ahead by three votes in favor and two against.

The votes against have been of two magistrates attached to the Professional Association of the Magistracy, a conservative organization.

According to the criteria of The Trust Project

Know more

  • Curfew

  • Lockdown

  • State of alarm

  • Spain

  • Coronavirus

  • Covid 19

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