Health and CCAA meet for the first time after state of alert and with restrictions in the hands of justice

Published: Wednesday, May 12, 2021 8:50 AM

First Interterritorial Health Council after the end of the state of alert and with several communities denouncing the legal chaos due to the divergence of the criteria of the courts which led, for example, to the fact that the curfew in Navarre has been rejected or to the closure of a municipality in Andalusia, but others were accepted.

However, the president of the government maintains that the communities have “broad instruments” to face the pandemic, such as those adopted at other meetings of the Interritorial. And although at first the Minister of Justice, José Manuel Campo, was open to legal changes, later, in an interview with “ Al Rojo Vivo ”, he denied it and encouraged the regional governments who deem it appropriate to request a state of alarm in their territories. .

Something that the autonomous communities reject. A position that they will probably maintain during today’s meeting, which will also be attended by the Minister of Territorial Policy, Miquel Iceta, one of the first to speak out on the support that these regions would have from the government if they asked for this state of alert.

The position of the communities

“It is by no means the will of the Basque government to make this request,” Basque Minister of Security Josu Erkoreka said in recent days. The Basque Country is one of the communities which requested a curfew but which the TSJPV did not approve; they still will not appeal to the Supreme.

It remains to be seen what the Canary Islands will do. The TSJC overturned the curfew and the closure of the perimeter of the islands and decided that the latter would appeal to the Supreme Court.

The Community of Madrid does not view the government’s proposal favorably either and insists on making a legal reform of the 1986 health regulations. << They are leading each community to ask for a state of alert so as not to reform a law that can be modified. 15 days. . Before attributing it to negligence, I now think it is arrogance and arrogance, ”Justice Minister Enrique López said.

The president of the Xunta de Galicia, Alberto Núñez Feijóo, who insisted on reforming “Law 86, which does not provide for the management of a pandemic, spoke in the same direction”. According to him, “the logical thing is to regulate and order and to leave us in states of alarm”.

Territorial state of alarm

This is not the first time that the Government has offered a state of territorial alarm. Pedro Sánchez already did this in August 2020, before taking this legal measure to Congress and approving it from October to March of this year.

The approach of this proposal has generated some doubts in the autonomies, but the truth is that they have a cover to be able to ask for it. According to the Spanish Constitution, only the central government can declare this exceptional scenario in any part of the national map, although it is possible that the head of a community can request it.

“When the hypotheses mentioned in the previous article (disasters, calamities or public misfortunes; health crisis; paralysis of essential public services; situations of shortage) affect exclusively all or part of the territorial perimeter of an autonomous community, the president of the latter this can request from the government the declaration of a state of alert “, appears in the fifth article of the organic law 4/1981, of June 1st.

Then, in the sixth article, it is specified that this mechanism, which will be implemented “by means of a decree agreed upon in the Council of Ministers”, cannot “exceed fifteen days” and can only be extended “with the express authorization of the Congress of Deputies. “. It should also be pointed out in relation to this question that the current leader can unilaterally exercise this request, without prior agreement with Parliament.


The meeting takes place after the Public Health Commission approved the extension of the use of the Janssen vaccine to people aged 50 to 59, as well as difficult-to-reach vulnerable groups such as the disabled, the autism and serious mental illness. This is a new update, the seventh, of the vaccination strategy with the incorporation of new groups, by which it is agreed to give priority to the vaccination of large dependents who are difficult to access, people with profound autism, intellectual disabilities or severe mental illness.

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