The Government of the Canary Islands will have to choose in an almost surgical way the measures to stop the advance of the Covid-19 pandemic without finding the refusal of the Court of Justice of the Canary Islands. This circumstance has occurred on two occasions where the High Court – with the ratification of the Supreme Court, has ruined the pretense of establishing a curfew in Tenerife, the obligation to present the Covid certificate to be able to enter the establishments, as well as the closure indoors. In the absence of knowing what the measures proposed in the Governing Council on Monday will consist of, the experts warn: Any decree law that seeks to avoid the endorsement of the TSJC has no place in the legal system and would be rejected.
Gerardo Pérez Sánchez, professor of Constitutional Law at the University of La Laguna, asserts that “If what is intended is for the Government to dictate a norm with the force of law in order to avoid the need for the endorsement of the TSJC, I believe that it has no place in our legal system and is absolutely unfeasible and is at least picturesque“, explains Pérez.
Faced with this presumed situation, according to the constitutional expert, the regional Executive only has to motivate them in a more “clear and optimal” way or propose curfews in a more specific way in individualized terms such as municipalities and not for an entire Island or Autonomous Community. .
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