Wednesday, January 19

The National High Court grants the most precautionary measures in the Community’s appeal against Darias’s measures




The National Court has granted the very precautionary measures requested in the appeal filed by the Community of Madrid against the sanitary measures approved by the Ministry of Health. The regional government has filed this morning an administrative contentious appeal before the National audience Against the Communicated Order of the Minister of Health Carolina Darias, which includes the Declaration of Coordinated Actions against Covid-19 that came out of the Interterritorial Health Council on June 2. The Community requested the very precautionary measures, which imply the suspension of the application of these immediately and until a resolution is issued on the appeal, to avoid “irreparable” damage, and the National Court has agreed with the Madrid Executive.

In its appeal, the Community of Madrid indicates that “Almost a month after the cessation of the State of Alarm, the Ministry of Health intends to impose a series of measures”. It adds that if the Order is not suspended, “a scenario of total uncertainty is generated, both for the professionals affected (hoteliers, nightlife, restaurants…), and for citizens as a whole. It would generate an obvious legal uncertainty “, they indicate. Finally, they argue that there would be «Absence of risk by maintaining the measures adopted by the Community for a few days, pending the final precautionary decision ”on the merits of the appeal.

All of these reasons have been understood and assumed by the National High Court: “In view of the concurrence of two public interests in conflict”, the national and the regional, it indicates that with the suspension of the measures “the first does not suffer appreciable risk“, But understands that” the public interest alleged by the Autonomous Community is more in need of urgent precautionary protection at this procedural moment. “

The audience also understands that it is It is advisable to suspend the measures due to “the risk of generating situations of uncertainty and of impairment (which could be serious) to the interests of those affected last by the decision to impose restrictions other than those already existing.

If the very precautionary measure were not adopted now and the adoption of a measure is waited after the ordinary processing of the separate piece of precautionary measures, the National Court warns in the explanation of its decision, “the scenario of uncertainty would be seriously aggravated and harmed if a change in the level of restrictions is allowed. In this way, three different levels of restriction would be generated in a short period of time, which is not easily justifiable for the citizen, the ultimate recipient of the public protection inherent in the discussion at hand ”.

The regional president, Isabel Diaz Ayuso, he congratulated himself on Twitter for the support in the courts for his request.

Government led by Isabel Díaz Ayuso considers that there has been an «invasion of competences» and that «the citizen is joined in a fickle measurement regime»Which causes an« affront to legal certainty ». They asked for precautionary and extremely precautionary measures – which have already been granted – to immediately suspend the measures that cause “immediate, irreparable and irreparable damage.”

The challenge of the Order seeks its “complete annulment”, indicates the brief of the appeal to which ABC has had access. However, precautionary measures are proposed to avoid the damage it would do apply the measures contained in the aforementioned Order.

Remember that in the Community of Madrid “Order 572/2021, of May 7,” currently governs, issued by the Ministry of Health and that it is the one that establishes preventive measures against Covid-19. This law was drafted and approved once the extension of the state of alarm had ended.

The State Bar of the Community of Madrid underlines the “damage that arises as a result of the invasion of powers that the Minister’s Order has entailed.” Remember that the Community of Madrid «Holds the competence for the adoption of special measures in matters of Public Health. And it is evident that this competence has been used, because after the end of the extension of the state of alarm, Order 572/2021, of May 7, was issued by the Ministry of Health, “they insist.

In the opinion of the regional government, “plunging the citizen into a fickle regime of measures, imposed surprisingly for no reason, replacing the existing regulation overnight, is a clear affront to legal security.” And concludes that the Statement of Coordinated Actions which gives foundation to the Minister’s Order “is flawed due to the unquestionable fact of not having been adopted by consensus in the Interterritorial Council of the National Health System.”

This Declaration was voted on and at least six autonomous communities opposed it. Among all of them govern 30 million citizens, 70 percent of the total population of Spain.

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