Publication: Wednesday, May 5, 2021 19:52
The higher prosecutor’s office of the Basque Country is opposed to the Basque Country being able to maintain, by decree of the Basque government, the confinement of the regional and municipal perimeter, or the curfew, beyond May 9, when the state of The alarm is declining because these restrictions can only be decreed “in exceptional conditions” and not in application of a general health law.
The executive of Iñigo Urkullu requested the authorization of the TSJPV before the approval of the text, in which he proposes the adoption of these two measures and to limit the groups to four people, not counting the partners, when the rate d The cumulative incidence of covid-19 is over 200 cases per 100,000 population. The prosecution has submitted a report to the Basque Country Superior Court of Justice on the measures contained in the draft decree that the Urkullu executive intends to approve to stop the spread of covid-19.
The Basque executive asked the TSJPV’s Administrative Litigation Chamber on Tuesday for authorization before the document was signed and published, and the response deadline ends on Thursday. The draft decree provides, in point 1 of article 4, that, when the cumulative incidence rate of covid-19 infections in 14 days in the whole of the Basque Country is greater than 200 per 100,000 inhabitants, the perimeter territorial closure will be determined by the Autonomous Community.
It also raises, for this case, a limitation of night mobility between 10 p.m. and 6 a.m., and proposes that the grouping of people be limited to a maximum of four, not counting cohabitants. Point 2 of article 4 also refers to municipal confinement in localities of more than 5,000 inhabitants with a cumulative incidence rate greater than 400 per 100,000 inhabitants and in those of less than 5,000 inhabitants in which the parameters established by the Department of Public Health and Addictions.
The decree, currently in force in the Basque Country, specifies that if the cumulative incidence rate over the last 14 days in an entire Territory is equal to or greater than 400 per 100,000 inhabitants, the entry restriction is determined. and the departure of people from the historical territory of residence. The same rate is also set to establish the closures of the perimeter of the municipalities.
Will study on a case-by-case basis
La Fiscalía estudiará caso por caso la aplicación de las restricciones que acuerden los gobiernos autonómicos, so that no establecerá un criterio general del actuación, ya que quiere que esa posición la fije cuanto antes el Tribunal Supremo, que desde el 9 de mayo tend last word. Tax sources reported that the state attorney general’s office would not impose the same criteria for action in all communities when it was their turn to report to decrees with restrictive measures adopted by regional governments. .
It will go on a case-by-case basis, without dealing with a general and yes specific criterion of each autonomous community according to its epidemiological situation and the current situation, add the sources. However, the prosecution hopes that this situation will not occur in which it will have to rule repeatedly on equal restrictions in each region, as it hopes that the Supreme Court will clear up the legal panorama much sooner. In addition, the public prosecutor hopes that the tribunal de grande instance will rule as soon as possible because this will make things easier for all the actors involved in the processing of autonomous decrees. However, the reform approved by the government did not sit well on the Supreme Court.