The Superior Court of Justice of the Balearic Islands has endorsed the requirement of the covid certificate (which certifies the vaccination or a recent negative coronavirus test) to access the discos on the islands. The measure will take effect on October 8, when nightlife will reopen after a year and a half of closure. The Government of the Balearic Islands requested the Administrative Litigation Chamber the authorization of this health measure included in the agreement adopted by the Governing Council last 27 September, in which it was subject to the reopening of nightlife for the justice to give the green light to the use of the certificate. The Prosecutor’s Office reported favorably and requested the approval of the measure to the court, which has given its endorsement this Friday.
Thus, the Balearic Islands becomes the second community with judicial authorization to request this certificate , after Galicia. Other communities claimed it from their courts without success, such as the Canary Islands, while Catalonia is considering implementing it. Precisely this Friday the Xunta has announced that it will require clubs to ask for the COVID certificate if they want to open until 4 a.m. 00. The use of the covid certificate is very widespread in Europe for all kinds of leisure activities, but also for work. Italy, the country that has gone the furthest in this requirement, claims it from all public and private workers.
In the car, the Balearic court maintains that both the documentation and the motivation provided by the The regional executive “sufficiently” endorse the request for this authorization and justify it by considering its “suitability, necessity and proportionality”. The court believes that “it is undeniable” that the preventive measures of social distancing have so far proven their effectiveness and the available technical reports “highlight an improvement” in the situation of the disease. “We are talking about effective measures to defend what is essential, because there is no more fundamental right than the right to life and health,” says the order.
The court is based on the arguments of the sentence of the Supreme Court on the use of the covid passport in Galicia, where the possible violation of fundamental rights is already weighed and the use of the vaccination certificate is ratified. The order confirms the thesis that the benefit that the measure entails is much higher than the sacrifice entailed by the requirement to present documentation to access the premises.
With the endorsement of justice, the sector of the Nightlife on the islands warms up for its reopening after more than a year and a half of total closure. Social agents and regional Executive agreed last Monday at the social dialogue table the conditions to recover the activity. From Friday, October 8, the nightclubs may open until 5 00, with a maximum capacity of 75% except on the terrace, where may reach 100%. On the dance floor it is possible to dance with a mask, but the consumption of beverages will have to be done in a sitting position, excluding the bar. The premises will have the obligation to have CO2 meters and devices to avoid crowds at the entrance and exit of the premises.
In statements to Cadena Ser, the president of the Balearic Leisure Association Nocturno (ABONE) Miguel Pérez Marsà, qualifies the news as “positive” but believes that the large discos will not open until next season, compared to the medium and small ones that will be encouraged, he believes, to resume activity. Unvaccinated people may enter showing a negative PCR test or an antigen test.
Galicia asks for the certificate
After a frustrated attempt in daytime hospitality, the covid certificate will be implemented in Galicia in nightlife. The Xunta wants it to come into force this weekend. Locals that want to increase their indoor capacity from 50% to 75% and open until 4 o’clock. 00, thus extending the general limit established by the Xunta for one hour, they must demand this document from their clients.
The Superior Court of Xustiza de Galicia (TSXG) has authorized the measure this Friday because it is launched in places where the risk of transmission of the virus increases, “closed spaces, in which close and prolonged contacts are established, with little air renewal, in some cases, and carrying out activities in which the removal of the mask and of actions that cause a greater generation of aerosols, such as speaking, at times, with a higher than normal tone of voice or singing. ”
The Galician high court also claims that the The requirement of the COVID certificate in certain leisure venues meets the temporality requirement demanded by the Supreme Court, as it will be maintained in principle until 23 October. The Galician Government tried in August that bars and restaurants could require the document from customers to consume inside, but the Superior Court overturned the measure. The Supreme Court ended up revoking this decision, but the green light for the covid certificate came when there was already an alternative plan and it was never applied. Now it will be used in nightlife.