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Judges Overturn Measures Of The Basque Country After End Of Alarm

The adoption of restrictions after the end of the state of alarm this Sunday is occurring unevenly in Spain. Some communities such as Catalonia, the Valencian Community and the Balearic Islands have already received the endorsement of justice, while the Basque Country has suffered a new judicial setback .

In the rest of the autonomies, different limitations will be applied in terms of capacity and hospitality, but no curfew, generalized perimeter closures or veto to social gatherings.

The Superior Court of Justice of the Basque Country (TSJPV) has ruled this Friday that the autonomous or municipal confinements , the night curfew or the limit of groups of four people cannot be maintained in Euskadi , after the end of the state of alarm next Sunday, May 9, considering that it affects fundamental rights guaranteed in the Constitution.

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The measure contrasts with the decisions that have been taken in the Superiors of Justice of other communities, such as Catalonia, the Valencian Community or the Balearic Islands, where the extension of the restrictions has been authorized without the umbrella of the state of alarm.

This is the TSJPV’s response to the prior authorization requested by the Basque Government, which this Friday will establish the restrictions that it will maintain in the Basque Autonomous Community from 00:00 on Sunday, when the state of alarm declines, to fight the covid-19.

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The draft decree proposed, among other things, that, when the cumulative incidence rate of contagions by covid-19 in 14 days in the Basque Country as a whole is higher than 200 per 100,000 inhabitants, the territorial perimeter closure of the Community will be determined Autonomous, as well as the limitation of night mobility between 10 p.m.

The lehendakari, Iñigo Urkullu , already announced this Thursday that the decree, which he himself will sign, will not include those measures that have not been endorsed by the Basque Court.

In this way, it intends to avoid the filing of appeals to the restrictions of the Executive that lead to ” periods of indecision and uncertainty” and that can suppose “the loss of effectiveness” of the decreed restrictions.

Closing of bars
It is not the first setback that the Lehendakaritza has received from the Basque justice system. At the gates of Easter, Urkullu ordered the closure of bars and restaurants that were in red areas , with a high incidence of coronavirus.

However, the TSJPV agreed with an appeal by the hoteliers and allowed the opening of premises in a precautionary manner , while the merits of the matter were resolved.

In other communities
The decision of the TSJPV contrasts with the decisions in other communities, where justice has endorsed that the restrictions continue.

In the Balearic Islands, the contentious-administrative Chamber of the Superior Court of Justice of that community authorized this Thursday the health measures agreed by the Balearic Government after the state of alarm, such as extending the 23-day curfew until May 23 at 6.00 hours.

Other measures endorsed were the controls of national passengers in ports and airports of the islands, limiting the number of people in social and family gatherings in private homes and restricting the capacity in places of worship.

In Catalonia, the Superior Court of Justice (TSJC) has endorsed this Friday the limitation of meetings to six people and 50% of capacity in religious acts and civil ceremonies In this case, the Government has ruled out continuing with the touch of remains.

The Superior Court of Justice of the Valencian Community (TSJCV), for its part, has already endorsed the proposal to continue with a curfew between midnight and 6 in the morning, and that social gatherings are for a maximum of ten people .

The Fourth Section of the Contentious-Administrative Chamber of the Valencian high court has ratified this Friday the limitations on night mobility and social gatherings proposed by the Generalitat, as well as the limitation to 75% of the capacity in places of worship, considering that they are suitable, necessary and proportionate measures to stop the transmission of the virus.

Other autonomies such as the Canary Islands and Navarra will maintain the curfew , but have not received responses from their courts.

Madrid will bring to the TSJM the limitations of basic health zones in the face of “legislative denial”
Castilla-La Mancha was also in favor of limiting the night movement, but its president, the socialist Emiliano García-Page, admitted this Thursday that “today it is quite difficult to maintain the touch from a legal perspective.”

The rest of the communities will lift the curfew and the perimeter closure, but will maintain measures of capacity and hospitality hours. Madrid has ordered to maintain mobility limitations in several basic health areas, and will request its endorsement by the TSJM.

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