Supreme Court to rule on curfews without a state of alert after Canary Islands appeal

Updated: Monday, May 10, 2021 9:36 AM

Published on: 05.10.2021 09:35

The government of the Canary Islands will appeal today to the Supreme Court against the decision of the Superior Court of Justice, which overturned the curfew in the archipelago and the closure of the perimeter of the islands. A resolution that will establish jurisprudence and mark the way for other autonomous governments.

In a press release, the Canarian executive announced that it would appeal the order made this Sunday. In it, the room underlines that the ratification of the limitation of the entry and exit of the islands which are at alert levels 3 and 4, as well as the restriction of night mobility, is not continuing.

Despite this ruling, the Canary Islands contend that the measures against COVID-19 it published in the Official Journal may continue to be in force, “because the ordinance is not final and its content may be reviewed by the Supreme Court”.

“We want to know if the decision is now enforceable or if we have to wait for the Supreme Court to correct or confirm what the Superior Court of the Canary Islands says”, declared the president, Víctor Torres, in statements to COPE “.

Once the legal services officially file the appeal, which according to the regional president will be today, the Supreme Court has a maximum of five working days to rule. This was established by the central executive in the decree published before the end of the state of alert, with which it was planned to give security to the autonomous communities.

This decision will establish the case law

This judicial decision will establish case law before decisions taken by the rest of the regions. In fact, the Junta de Castilla y León has already argued that if the judge approves the curfew in the Canary Islands, his government will seek this measure for his community if necessary. It was the Vice-President, Francisco Igea, who put this possibility on the table.

The autonomy that managed to approve the curfew between 00:00 and 06:00 was the Valencian Community. There, the Superior Court of Justice accepted proposed restrictions for nighttime mobility, as well as those limiting the number of people in social gatherings to 10 and the capacity of places of worship to 75%.

For its part, the Basque Country has failed to get the proposed measures approved. Although the lehendakari, Iñigo Urkullu, has already indicated that he will not appeal this court decision and that he will seek other means to contain the spread of COVID-19.

In this sense, Urkullu criticized the fact that “the current legal system does not allow the CCAA to accept, apart from the state of alarm, measures restricting fundamental rights of a general non-individualized nature”. In fact, he was the first to urge Sánchez to extend this legal measure for at least one or two more months.

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