Autonomous communities can only limit fundamental rights without a state of alert in specific and justified cases.


Updated: Friday, May 21, 2021 5:38 PM

Published on: 05/21/2021 5:37 PM

The Supreme Tribune has established that, without a current state of alert and only under the application of the health law, only specific restrictions affecting fundamental rights can be authorized in exceptional, limited and justified situations. This was highlighted by the High Court on Friday, illustrating under what circumstances these measures can be applied.

In the case of free movement, they can only be implemented on condition that the Administration “accredits the existence of a serious communicable disease which endangers the health and life of persons” and justifies that this limitation “is essential to prevent such transmission. because there are no other effective means to achieve it.” In other words, when one considers that it is the only instrument capable of stopping serious epidemiological situations .

Likewise, in the event that “he determines the subjective and territorial extension of the limitation according to the number of patients and their location and assuming that he” establishes the essential period during which the limitation must be maintained in order to prevent the propagation of the ”. In other words, very specific perimeter confinements can only be carried out in small territories and for a very limited period.

On the other hand, what the communities cannot do – and therefore the body rejects the appeal presented by the Government of the Canary Islands – to carry out closures in larger territories, as in the case of each of the seven Canary Islands. This is how the Supreme Court responded to all the legal mess formed after the end of the state of alarm in Spain to fight against the coronavirus pandemic.

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