A wind of freedom rose on Sunday in Spain, where residents are finally allowed to leave their region to get a change of scenery or find loved ones they had not seen for months.

In most regions, the end of this exceptional regime at midnight on Sunday also meant the lifting of the curfew, as in Barcelona (north-east) where shouts, applause and music marked this newfound freedom.

Apart from Christmas when the restrictions were relaxed for a few days to allow family reunions, the Spaniards have not been able to leave their region since the start of the state of emergency at the end of October.

Dissuaded by the explosion of cases following Christmas, the authorities had maintained the closures of regions for Holy Week, a fundamental family celebration in Spain.

These closures were particularly badly experienced by the Spaniards, who were prevented from going to see their families in another region while the country remained open to foreign tourists.

Justice again essential

The lifting of the state of emergency is, on the other hand, a real headache for the regions, competent in the management of the health crisis.

Because, since October, they had been able to impose curfews and block the entry or exit of their territory without needing the authorization of the justice, thanks to the limitation of fundamental freedoms allowed by this exceptional regime.

If it is synonymous with lifting the curfew and opening up regions, the end of the state of emergency does not mean the end of restrictions in one of the countries most affected in Europe by the pandemic with nearly of 79,000 deaths and 3.5 million cases.

The 17 autonomous communities can, for example, always limit the opening hours or the capacity of bars, restaurants or shops. 

Beginning of the puzzle for the regions

They can also ask for the reinstatement of a curfew or the closure of their territory but now need the approval of a court.

And that's where the puzzle begins.

If the tourist archipelago of the Balearic Islands or the region of Valencia have obtained the green light to maintain a curfew, the Basque Country (north), one of the regions most affected by the pandemic, has seen its request for closure of the region and curfew rejected by the courts.

In early fall, when the emergency regime was not yet in place, courts had overturned anti-Covid measures taken by regions, creating confusion and leading the government of socialist Pedro Sanchez to decree the emergency state.

Several regions had put pressure in recent weeks on the executive to extend the state of emergency but the latter refused, arguing that it could not make an exceptional regime last indefinitely and highlighting the improvement of the health situation and progress of the vaccination program.

Caution remains in order

In an attempt to coax them, the government has allowed regions to appeal to the Supreme Court, Spain's highest court, if local courts challenge their measures.

On a more political level, an extension of the state of emergency should have been approved by Parliament where the government is in the minority.

While the weather is good, the authorities have warned the population, tired by more than a year of restrictions, against the risk of excessive relaxation.

We must avoid having "a false perception (...) This does not mean the end of control measures" of the epidemic, insisted this Thursday the chief epidemiologist of the Ministry of Health, Fernando Simon.

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