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The Contentious-Administrative Chamber of the Superior Court of Justice of the Canary Islands has rejected the maintenance of the curfew in the archipelago and also the perimeter closure with the limitation of entry and exit of people in those islands that are in levels 3 or 4 alert for coronavirus - currently none.
Likewise, it
has ratified the limitation of a maximum number of people who do not live together in
family and social
gatherings
in spaces for public and private use, both indoors and outdoors.
It also authorizes the limitation to the permanence of people in places of worship, since, in the latter case, "religious freedom is affected only in accessory aspects."
This is reflected in a car issued this Sunday after deliberating throughout the day on Saturday and this morning on the document for the maintenance of the restrictions that the Government of the Canary Islands sent it for evaluation and ratification after ending the state of alarm.
Regarding the curfew, the Chamber understands that
"we are here in a real confinement for the sole reason of the schedule"
, while adding that if what you want is to avoid certain behaviors that may entail a greater risk to public health because it is considered that they usually take place at night due to social custom, "the public powers have other less harmful legal instruments of intervention."
Regarding the limitation of entry and exit of the islands that are in level 3 and 4, the magistrates observe that the exceptions contained are not sufficiently motivated and contain a closing clause.
"It is the majority opinion of the court that must refuse its ratification because it considers the negative impact on the fundamental rights contained in articles 14, 17 and 19 of the Constitution not sufficiently justified," the Order states.
THE GOVERNMENT OF THE CANARY ISLANDS WILL APPEAL BEFORE THE SUPREME COURT
The Government of the Canary Islands has announced this Sunday afternoon that it will file an appeal before the Supreme Court (TS) against the order of the Superior Court of Justice of the Canary Islands (TSJC).
This has been reported in a statement in which he explains that it is a legal action in which he is already working after receiving the notification.
After a first analysis, the Government led by Ángel Víctor Torres has interpreted that
the anti-COVID measures published this Friday in the Official Gazette of the Canary Islands (BOC) may continue to be valid
because the order is not firm and therefore its content can be revised by the Supreme.
If this were not the case, the regional administration has clarified that it would immediately adopt the decisions that were appropriate in that case.
For its part, the Government of the Canary Islands expects the Supreme Court to adopt a common line behind different types of cars in various autonomous communities, since in some of them measures similar to the Canary Islands, such as the curfew, were ratified.
Finally, the regional Executive values, however, that the order of the TSJC gives legal conformity to some measures, among them those related to the limitation of the maximum number of people who do not live together.
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Know more
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