The TSJA knocks down the Covid passport for nightlife
The
Supreme Court has not endorsed
the measure taken by the
Junta de Andalucía
to require the
Covid passport or
negative
PCR
to access nightlife venues.
The
High Court
Holiday Chamber
has issued a ruling that dismisses the appeal of the Junta de Andalucía against the order of the Andalusian Superior Court of Justice, dated August 6, which has already denied judicial ratification of this measure.
On August 5, the
Ministry of Health and Families
issued an order consisting of "limiting access to the interior of entertainment and hospitality establishments with music" to people who could accredit an
EU
Covid certificate
or an antigen test or Negative PCR performed in the last 72 hours.
But the Superior Court of Justice of Andalusia closed the door to
the autonomous government,
because it did not see it as suitable or proportionate for the achievement of the intended purpose, which is the protection of life, health and physical integrity.
And now the Supreme Court shares with the Andalusian Supreme Court the lack of appropriate justification for the proposed measure, which was generally postulated for the entire Andalusian territory, applicable to the entire Andalusian population and municipalities regardless of the incidence rate, without any link to their health situation and their evolution, and also indefinitely.
Therefore, it agrees with the Supreme Court that the appropriateness and necessity of the measures had not been justified in this case.
This measure has been spreading to several European countries but to date the Spanish Justice has frustrated the attempt of four autonomous communities
- Andalusia, the Canary Islands, Cantabria and Galicia -
and the city of
Melilla
to require the Covid passport to enter the bars or in other leisure establishments.
According to the criteria of The Trust Project
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Coronavirus
Andalusia
Canary Islands
Cantabria
Galicia
Justice
Covid 19
New measures Covid restrictions in Spain: curfew, hospitality and other measures by communities
Coronavirus Covid restrictions in Spain: curfew, hospitality and other measures by communities
Covid-19Covid Certificate: Galicia receives the endorsement of the Justice;
Andalusia and Cantabria, no
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