The Fourth Section of the Contentious-Administrative Chamber of the TSJ endorsed the measures proposed by the Ministry of Health when considering them “Balanced” and that “they comply with the constitutional judgment of proportionality”, according to the order made public this Thursday. Previously, the Prosecutor’s Office had made another report in favor of the restrictions proposed by the Consell.
The curfew affects 2.6 million people, half of the Community.
The towns in the province where nighttime mobility is limited are l’Alfàs del Pi, Alicante, Banyeres de Mariola, Benidorm, Callosa d’En Sarrià, Callosa de Segura, Calp, Dénia, Gata de Gorgos, La Nucia, Muro de Alcoy, Ondara, Pego, Santa Pola, Sax, Teulada and La Vila Joiosa and which are added to San Vicente del Raspeig, the only one where the curfew was in force until now. In total, in the Valencian Community a curfew is requested in 77 localities, which affects 2.6 million people, half of the population of this territory.
The resolution of the Supreme Court examines the ruling of the Constitutional Court of July 14, which declared unconstitutional andl general confinement decreted by the central government during the first state of alarm. Unlike that situation, the Chamber understands that the “curfew” does not suspend the right to free movement but rather limits it, since “it only commits five hours a day during the night (from 1.00 to 6.00 hours) “and” during the remaining 19 hours of the day anyone has intact their freedom of movement anywhere “. In addition, “the entire spatial scope of the Community is not even concerned in that 5-hour night period, since the measure affects only the municipalities most affected by the virus” instead of the entire territory, he says. The magistrates consider that “they are necessary and suitable measures to interrupt the spread of the virus, since they concern the framework of social relations and unregulated nightlife”, which are the main causes of contagion.
Comparison with the failure of the TC
The order maintains that there are no other “more moderate measures to achieve the purpose with equal efficiency.” In fact, the Chamber refers again to the ruling of the Constitutional Court, according to which it must be prosecuted if the measure is necessary “because there is no other less incisive in the fundamental right and of equal effectiveness.” “The practical experience that we now have and is shown in the reference justifications is that measures more lax than those in question here have not worked correctly”, point out the magistrates, which is why they conclude that the curfew is one of the the most effective measures to prevent the bottle.
While, the contagions they do not give respite to health services. Yesterday 918 cases were registered in the province, which is 129 more than the previous day. Although hospital pressure is also increasing, the situation is still far from that experienced during the third wave. According to Health data, in Alicante health centers there are currently 93 people admitted with covid, of which 12 remain in Intensive Care Units (ICU). Alicante has not registered deaths for ten days.
On the other hand, the Xàbia City Council has claimed to be included among the municipalities with a curfew. The mayor of the town, José Chulbi, has warned of the risk of people from neighboring towns fleeing the curfew to continue the party. In Xàbia, the Local Police dissolved up to 135 parties in homes last week, reports
The room does not see that the measures affect the right of assembly
The TSJ does not consider that the limitation of social and family gatherings in public and private spaces to a maximum of ten people affects the right of assembly. They believe that there is a limitation of this fundamental right but not that it has been suspended and remember that there are established exceptions. At this point there is the private vote of a magistrate who disagrees with his colleagues on understanding that this limitation should be in force in the municipalities affected by the curfew and not in the entire Valencian Community.
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.