Less than 12 hours before the definitive suspension of the state of alarm, the Superior Courts of the different autonomous communities have issued their resolutions regarding the restrictions that will be maintained or modified in their territories. The proposals of the autonomous governments have sought the approval of the judges, several of whom have rejected them, leading to the fact that several of the measures in force so far in their communities will not be applied, at least temporarily.
Experts in Administrative and Constitutional Law have criticized the fact that jurisdictional bodies are held responsible for adopting measures that affect fundamental rights that are “inappropriate” for them in a conference held this Friday at the Madrid Bar Association (ICAM) and organized by the Section of Administrative Law with the collaboration of the Association of Communicators and Legal Informants (ACIJUR). The jurists consider that such competences should correspond to the administration in matters of health policy. In any case, the Supreme Court will have the last word if the governments decide to appeal the first rulings.
The regional government of Isabel Díaz Ayuso will lift the curfew and the prohibition of meetings in homes with non-cohabitants and will extend the hours of bars and restaurants by one hour (until 00:00 hours, with 50% of the capacity indoors and 75 % abroad) and shops (until 11:00 pm). If it had wanted to maintain the restrictions, the Superior Court of Justice of Madrid would have to have ratified the decision. In the case of social gatherings, a maximum of six people is recommended and that only the cohabitants meet at home.
However, the entry and exit restrictions of 14 basic Health Zones will be expanded, of which the Madrid Community Prosecutor’s Office supports the restriction of mobility in five because they have a very high incidence of infections. The mandatory nature of the mask will also be maintained.
The Superior Court of Justice of the Valencian Community (TSJCV) has approved the extension of the limitations to night mobility and capacity in meetings and places of worship since the end of the alarm state until May 24, instead of the 30 of the same month, as requested by the administration. The magistrates of the Fourth Section of the Contentious-Administrative Chamber have decided that the continuation or future relaxation of these measures will depend on the evolution of the pandemic and the rate of vaccination
The Contentious Chamber of the Superior Court of Justice of Catalonia (TSJC) has approved the Generalitat’s proposal for limit social gatherings to six people and capacity at religious and civil events for 15 days from May 9. Instead, the curfew and the perimeter closure of the community will be suspended.
The curfew, the limit of four people in meetings and the lockdowns autonomous and municipal They will be deleted according to the opinion of the Superior Court of Justice of the Basque Country (TSJPV). Thus, the judges overthrow the proposal of the Basque Executive, which has already announced that it will not approve measures that do not have legal guarantees.
The draft decree states that perimeter closure will be allowed of the Basque Autonomous Community, as well as the limitation of night mobility from 10:00 p.m., if the accumulated incidence in 14 days exceeds 200 Covid infections per 100,000 inhabitants.
Castile and Leon
The end of the state of alarm will represent the suspension of the perimeter closure and the curfew, as well as the limitation of capacity in churches and in private meetings, according to Alfonso Fernández Mañueco, president of the community. The hospitality business hours will also be extended by one hour, so that it will have to close at midnight, but indoor seating may be prohibited if the incidence exceeds 150 cases per one hundred thousand inhabitants in 14 days.
Castilla la Mancha
The President of the Community Board of Castilla-La Mancha, Emiliano García-Page Sánchez, has said that the curfew or the perimeter closure will not be extended. Increasing the maximum number of diners in hospitality establishments to ten has also been proposed.
The Navarrese government has proposed the extension of the curfew between 23:00 and 06:00 hours, but plans to eliminate the perimeter confinement once the state of alarm ends. The terraces may remain open until 10:00 pm and it is recommended that private meetings be limited to six people from two cohabiting units, with the exception of cohabiting.
The curfew and the regional perimeter closure will be eliminated and the hospitality hours will be extended, according to the president of the Xunta de Galicia, Alberto Núñez Feijóo. However, it will be possible to reinstate the limitation of nocturnal mobility and the entrances and exits in the municipalities that are in an epidemiological level of “extreme” risk.
Other measures include the authorization of dinners until one o’clock in the morning in establishments with restaurant licenses and that bars may close at 23:00.
The Aragonese Government will lift the perimeter confinement of the community and the curfew, but it will retain the right to order perimeter confinements of localities, regions and provinces and limitations of capacity and hours, which will have to be approved as a decree law and that the autonomous Parliament ratify.
The hospitality industry and non-essential activities will keep the closing time at 10:00 p.m. in areas with alert level 3 and at 20:00 in areas with aggravated alert level 3. On the other hand, the Local Council of Aragon has decided to suspend all the patron saint festivities of the autonomy.
The Principality of Asturias will not maintain the curfew or the perimeter closure of its territory. It has also granted the hospitality the extension of its hours until one in the morning, in addition to allowing up to six people at the table inside the establishments although the bars will remain closed. Also, the nightlife will not reopen.
The measures of the Government for after the end of the state of alarm are “proportionate”, according to the Superior Court of Justice of the Balearic Islands (TSJIB), which has recalled that there are no “absolute rights”. In this sense, the controls for entry into the community, the curfew between 11 p.m. and 6 a.m. and the capacity restrictions in social gatherings and places of worship will remain in force. The superior prosecutor of the Balearic Islands, Bartolomé Barceló, has announced that the Prosecutor’s Office is studying whether to appeal some of the measures that, in his opinion, lack sufficient legal coverage.
The Junta de Andalucía will suspend the curfew and the perimeter closure of the region, but its vice president, Juan Marín, has indicated that he may request “localized confinement” in areas, neighborhoods, districts or municipalities that present worrying infection figures. The hotel business may be open until midnight and nightlife, such as pubs and discos, until two in the morning. The hospitality tables may have up to eight people indoors and ten outdoors, and meetings in private homes will not have a capacity limit.
The curfew, the control in ports and airports will remain in force, along with the restrictions that
The Government of Melilla has expressed its intentions to maintain the capacity limitation in hotels, commerce and places of worship, in addition to expanding the limit of people in public and private meetings to six, but it will not request the extension of the curfew or the travel ban.
Source: LA INFORMACIÓN – Lo último by www.lainformacion.com.
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