Publication: Thursday, May 13, 2021 11:54
The fight between the Junta de Andalucía and the Autonomous Superior Court of Justice has only just begun. Last Tuesday, the judicial body rejected the decision to confine the Granada municipality of Montefrío to the perimeter despite an incidence of 2,108 positive cases of coronavirus per 100,000 inhabitants. However, he authorized it in other areas. The Council appealed the decision but, while it is being processed, decided to reconstitute the perimeter containment in the city of Granada from 00:00 on Thursday.
The high-impact territorial public health alert committees of the provinces of Granada and Seville have taken the decision to close Montefrío and La Campana (Seville) and have sought judicial approval from the TSJA. For this, they are covered by Article 10.8 of Law 29/1988, which guarantees that the Chambers will be aware of “the authorization or the judicial ratification of the measures adopted in accordance with the health legislation that the health authorities deem urgent ( …) and imply the limitation or restriction of fundamental rights when their recipients are not individually identified “.
Last Tuesday, the Administrative Contentious Chamber of the Court overturned the decision to confine Montefrío and argued that the restrictions on fundamental rights “cannot be applied indiscriminately and on a massive scale”. And he added: “A blind limitation of a fundamental right is imposed, as it affects citizens who have already been vaccinated.”
This measure was a source of uncertainty because it was authorized in Bornos and Villamartín (Cadiz) and Castro del Río (Córdoba), municipalities that also exceeded 1,000 positive cases of COVID per 100,000 inhabitants. However, the Court observes that, in the Montefrío case, the precept to ratify closures “suffers from imprecise wording” and should be more favorable to the exercise of fundamental rights.
Eleven magistrates estimated that with the health laws in force, a single municipality cannot be confined, which was done for two months throughout Spain. Neither is it contemplated in the proceedings relating to Bornos, Villamartín and Castro del Río to make a distinction between specific persons and specific persons. In the present case, the Court held that there was “a constitutionally legitimate objective, adequate legal protection and (the measures) were necessary, adequate and reasonable”, which it did not perceive in Montefrío.
The central government has always defended the end of the state of alert because it ensured that the necessary legal tools exist for each territory to face the pandemic by adopting its own measures. However, later the reality is different: While in the Basque Country, the Supreme Court prevented perimeter containment and curfews, it allowed time restrictions in Valencia and the Balearics.
This contradiction only creates more uncertainty in the communities, because some see how their measures are rejected by the judicial authorities while in other autonomies they are authorized.
The mayor of Montefrío, Remedios Gámez, asked residents for patience and argued that we must, among all, “try to reverse” the accumulated incidence rate. He signaled that the “perimeter closure” will come into effect again until a new TSJA statement is made and announced that all “non-essential” businesses will be closed. The measurement will last for seven days and will start today at 00:00.