The Contentious Administrative Chamber of the Superior Court of Justice of the Balearic Islands also prohibits limitations on the number of people who can stay together, both in private and public spaces. A criterion that is based on the recent ruling of the Supreme Court, issued on Thursday, which establishes that these limitations imposed by the Government they were disproportionate to the low current rate of contagion that existed in the Balearic Islands.
The TSJB has had to rule for the third time on these limitations and in this latest resolution, issued on Friday, analyzes the measures agreed by the Government Council last Monday. Agreement for which it was decided lift the curfew from next Sunday and limit meetings ten people if they were held indoors, and fifteen if the meeting was outside.
The Government also agreed to maintain sanitary control over visitors traveling to the Balearic Islands, both by air and by port, coming from other autonomous communities and the cities of Ceuta and Melilla. The last measure that was approved was to authorize worship meetings with one hundred percent attendance, as long as a minimum distance of one and a half meters between the attendees was ensured.
This last agreement, by which the Govern He again requested the authorization of the courts, was appealed by the prosecution, but not in its entire text, but only in one of the decisions that was agreed. The prosecution understood thate the number of people who could meet in a private place could not be limited, because it affected to a fundamental rightl, and in any case these restrictions could only be apply in public spaces. Regarding the rest of the pandemic control measures, the prosecution considered that they were in accordance with the law.
Al TSJB He has had no choice but to apply the criterion set yesterday by the sentence handed down by the Supreme court, that annulled the curfew that had been imposed for weeks, as well as the limitation of the number of attendees to the meetings. Instead, It did confirm the other two measures that the Government had been applying, such as the control of travelers and the limitation of meetings in acts of worship.
Thus, the resolution issued by the TSJB recalls that the Supreme Court has established that these limiting measures cannot be based on the principles of convenience, prudence or precaution, and indicated that the administration had to prove that these restrictions they were “indispensable” to safeguard public health. Thus, therefore, it is at this point where the Balearic judges now consider that the last agreement of the Government is not duly justified that limiting the number of people that can be brought together is an indispensable means of controlling the pandemic. For this reason, the TSJB also declares it illegal.
This decision of the TSJB it is practically symbolic, since these restrictions that were applied to the meetings had to be suspended yesterday after the sentence issued by the Supreme Court.
The Balearic judges, on the other hand, They do ratify the other measures agreed on Monday by the Government Council, which refer to the control of travelers and the distance measures that must be applied in places where acts of worship are held.
However, regarding passenger controls, the TSJB establishes that no distinctions can be made, and therefore the same criteria must be applied to all of them, regardless of whether or not they are vaccinated, or the contagion data that exist in their autonomous community of origin.
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.