The Administrative Litigation Chamber of the Superior Court of Justice of Aragon (TSJA) has accepted the very preventive suspension of the measures dictated by the government of Aragon to deal with COVID infections in the region.
The regional government had applied the level 2 health alert, which determined, among other things, that hotel and catering establishments could not exceed their opening hours of 11:00 p.m., also regulating the authorized capacity both indoors and on the terraces. .
Likewise, the ordinance stipulated that nightlife venues could not exceed 50% of capacity indoors and had to close at 12:30 a.m. Now, the government of Aragon has time until July 16 at 2 p.m. to make its allegations concerning the maintenance, lifting or modification of the measure agreed by the TSJA chamber.
The request for very preventive measures was presented by the Association of Entrepreneurs of Cafes and Bars of Zaragoza and the Province and by the Provincial Association of Party, Dance and Discotheques of Zaragoza. The magistrates argue in the ordinance that “there is no prior proof and absence of what can be alleged by the administration, a direct relationship between the hotel industry and the birth of new homes, nor can be considered inevitable that the maintenance, while the precautionary process, the opening hours or the capacity of 75%, leading to an increase in infections ”.
In addition, “the fact that most of the most vulnerable population is forcibly vaccinated reduces the severity of possible epidemics and their impact on the hospital system, and therefore the decision on measures cannot wait for the precautionary measure to be taken. resolved “.
“Ultimately, as is public and notorious, there were the end-of-high school trips, as well as the holiday season, often with the characteristics of a ‘bottle’, as we say. saw in the media, which generated the new outbreaks, appeared in the coastal areas and later exported to the interior ”, we could read in the car.
Curfew in Valence
The decision of the High Court of Justice of Valencia was different, which on Monday ratified the curfew in 32 municipalities with more than 5,000 inhabitants, where the incidence of infections is higher, as well as the limitation of meetings on the whole territory to a maximum of ten people.
Concretely, it does so by justifying the confinements and by reasoning that they are planned, in particular thanks to the health emergency law of 1986. Thus, in several localities, mobility will be restricted between 1h00 and 6h00.
These measures have their origin in a resolution of the Conselleria de Sanidad Universal, dated July 9, which is the main mechanism for implementing measures that violate individual rights, after the state of alarm. In this sense, once approved, they will be valid for 14 days from their publication in the Official Journal of the Generalitat Valenciana.