The Superior Court of Justice of Andalusia (TSJA) has not ratified the order issued by the Council to confine the municipality of Montefrío (Granada), one of the four towns on which Salud requested this measure due to its high rate of coronavirus, which exceeds 1,000 infections per 100,000 population.
A fact that contrasts with the decisions taken by this same entity so far, since the closure of the perimeter of the towns of Bornos and Villamartín (Cadiz) and Castro del Río (Córdoba) has been authorized.
As the TSJA explains in an ordinance, the decision takes refuge by considering that the restrictions of fundamental rights cannot be carried out in a “blind and massive” manner. And they add: “A blind restriction of a fundamental right is imposed, insofar as it affects even citizens who have already been vaccinated”, underlined the TSJA.
Why in Cordoba and Cadiz yes and in Granada no?
The demands made by the Council to confine the mentioned municipalities are practically identical: they approve that the cumulative incidence of these localities exceeds 1000 cases per 100,000 inhabitants, they use the Public Health Act of 1986 as a tool and do not indicate a specific population to enforce closures. In other words, mobility is restricted except in a few cases, such as going to work or returning to habitual residence.
However, according to the text presented in Grenada, the precept of ratifying fences “suffers from imprecise wording”, and should be amended to be more favorable to the exercise of fundamental rights. In addition, they recall that the rule of the law on public health refers to “specific and determined persons”.
However, as the other procedures show, these also do not distinguish between specific people and specific people. and, in these cases, the Court understood that they had “a constitutionally legitimate aim, adequate legal protection and (the measures) were necessary, adequate and reasonable”. Something that, due to the previous arguments (which are not satisfied in the others), has not been decided for the municipality of Montefrío, the incidence of which exceeds 2,000 cases.