It is the Autonomous Communities that refuse to comply with the new health restrictions on reception and nightlife: can they do so?

Update: Sunday 06 June 2021 13:19

Posted: 06.06.2021 13:18

Autonomous Communities with alert levels from 1 to 4 can continue to adapt their restrictions against the coronavirus. This is what the BOE indicates: “The measures can be adapted and contextualized to each Autonomous Community and territory, according to the evolution of their epidemiological situation”, he specifies.

For the Minister of Territorial Policy, Miquel Iceta, it is the commitment of the Executive, he said, for dialogue and co-governance, and ensures that there has been no change in criteria , an interpretation that allows La Rioja not to close the community perimeter, thus complying, they say, with the government document and the resolutions issued by its courts.

According to sources from the health ministry in LaSexta, government regulations establish a minimum framework, with changes for nightlife and hospitality, until 70% of the population is vaccinated. Even in the best possible epidemiological situation, the Communities should apply minimum restrictions until they obtain group immunity.

However, the CCAA can refuse to comply with the restrictions, because as Joaquín Urías, professor of constitutional law points out, “they have no obligation to comply with the agreement because there is no state of affairs. ‘alarm”.

And so they decided to do it in the Basque Country, which will maintain their own restrictions, because they say they have the powers. In this case, “the government could challenge the TS and wait for its decision,” says Urías.

In addition, Andalusia also rejects the document published by the government with the restrictive measures, as stated by Elías Bendodo, Minister of the Presidency and the Interior of the Junta de Andalucía: “That the Spanish government does not count on Andalusia to deliver the final blow to hotels and nightlife “.

For its part, the Community of Madrid will appeal against the ministerial decree before the National Court.

Restrictions according to the Community alert level

The new nightlife restrictions published in the BOE are not changed at this time and are mandatory. Only Galicia, Extremadura, Cantabria, Navarre, the Valencian Community, Murcia, the Balearic Islands and the Canary Islands are at level 1 and discos can open until 3:00 a.m.

At level 2, the nightlife must reduce the capacity to 33%, but Catalonia assures that it will defend its powers and Madrid that it will go to the National Court. The Communities at this level are Asturias, Aragon, Catalonia, Castile and León, Madrid, Castile-La Mancha and Andalusia.

Euskadi and La Rioja, for their part, will have to close due to the alert scenario 3 and 4, although for the moment they maintain their own restrictions.

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