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Constitutional Court admits government appeal against Galician law that may require vaccination

Publication: Tuesday, April 20, 2021 4:02 PM

The Constitutional Court accepted the government’s appeal against the Galician vaccination law for treatment, according to legal sources reported to laSexta.

Thus, being a resource that originates in the executive, the processing of the law is suspended until the TC settles the merits of the case.

Moncloa decided to file this appeal on March 30, claiming that Article 5 of the text approved by the Xunta de Galicia is unconstitutional: “Preventive measures are established when restrictions are imposed on fundamental rights,” said the spokesperson. of the government, María Jesús Montero, at the press conference after the Council of Ministers held that day.

More specifically, in its appeal, the government refers to some of the health regulations of Galicia, such as the “control of the sick”, the internment in hospitals and, above all, one of its most controversial articles: the possibility of obliging vaccination.

In this way, Montero maintains that this type of rights “can only be included in an organic law and can only be promoted by the state legislator”. For his part, the president of the Xunta de Galicia, Alberto Núñez Feijóo, has repeatedly shown his rejection of the government’s position, above all, indicates the leader, through the forms: “It is a mistake, you can speak before to come forward and not with the complaint already filed, ”he spits.

What is the law?

The law against which the government brought its appeal is, precisely, 8/21, responsible for modifying the autonomous law on health. In it, a new framework of measures is collected to deal with the coronavirus, among which multiple sanctions stand out for not wearing a mask, making a vial or, like the text already warned, establishing vaccination as compulsory.

With regard to this last section, in the document published by Xunta, non-vaccination is classified under the section of “minor offenses”. In other words, not administering the injection, in most cases (and as long as the health authorities consider it), will result in a penalty ranging from 1,000 to 3,000 euros. And it is defined as follows: “Unjustified refusal to submit to preventive measures, consisting of vaccination or immunization prescribed by health authorities, in accordance with the provisions of this law”.

Now, despite the fact that this section in the vast majority of cases is considered light, there comes a time when the penalty could be visibly higher. This is the section “serious offenses”, which establishes that refusal to undergo an injection could be included “when they may present a risk or serious harm to the health of the population, provided that they do not. not constitute a very serious offense. In other words, in this hypothesis, not being vaccinated would result in a fine of between 3,001 and 60,000 euros.

The suspension of Article 6 mentioned by the Minister will last 5 months. After this period, and after the response of the Constitutional Court, it would be definitively decided to ratify or lift the suspension.

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