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The Andalusian Superior Court of Justice dismisses for the second time the enclosure fence of Montefrío (Granada)

The Junta de Andalucía is experiencing a new bump in the courts. The Andalusian Superior Court of Justice decided this Friday to annul for the second time the request of the autonomous government to maintain the closure of the perimeter of the city of Montefrío (Granada), where the incidence is more than 1000 cases, after the end of the alarm state.

In this sense, as can be read in the ordinance of the magistrates, the first section of the administrative contentious chamber of the TSJA, based in Granada, once again emphasizes that it is not possible to protect this restriction, because that supposes a limitation of the fundamental rights in an “indiscriminate and massive” way.

That is, the judicial entity uses exactly the same argument as a few days ago, when it decided to accept the closure of the perimeter of three towns (Bornos and Villamartín -Cádiz-, and Castro del Río, -Córdoba-), but chose not to confine Montefrío, in part, because it “imposes a blind restriction of a fundamental right, as it affects even citizens who have already been vaccinated” .

The point is that the demands made by the Council to confine the aforementioned communes (both those that have received legal support and those that do not) are practically identical: they are based on the fact that the incidence cumulative of these localities exceeds 1000 cases per All 100,000 inhabitants use the 1986 Public Health Act as a tool and do not indicate a specific population in which to apply the closures. In other words, mobility is restricted except in a few cases, such as going to work or returning to habitual residence.

Now, unless the Council considers other options, the only alternative is to go to the Supreme Court, as the Canary Islands have done to maintain the closure of the perimeter of its islands. However, from the Andalusian executive, they have not yet responded to this new sentence, which declines the second sequestration, which was launched this Thursday.

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