The Superior Court of Justice of the Canary Islands (TSJC) has decided not to ratify a part of the decree approved this Thursday by the Government of the Canary Islands that I kept the curfew provided for in the legal framework enabled by the state of alarm and which has declined this Sunday.
As reported by the TSJC, the Administrative Litigation Chamber of Santa Cruz de Tenerife considers that “not applicable“the ratification of curfew planned in the Canarian Decree, as well as the limitation of entry and exit of people at levels three and four of Covid19 risk.
Specific, most of the room considers that the limitation of lto mobility in the islands at risk Covid19 level 3 and 4 “they are not motivated enough“and it points to the last section of exceptionality contemplated in the rule where the possibility of leaving or entering the island is contemplated for” any other activity of a similar nature. The TSJC considers that it is “imprecise” Y it could be possible to cause “disparities in the treatment of persons, which would not be sufficiently justified. “In addition, the majority of the court also considers that the possibility of traveling with a negative diagnostic test for leisure reasons it is not sufficiently justified like the possibility that a tourist staying in a regulated establishment You can do it, but not if you want to stay “at the home of a friend or relative.” For this reason, the court considers in the order that “this tourist reserve can be a sufficient differentiating element in relation to the required public health purposes.”
In addition, the room has demonstrated unanimity to reject the possibility that the curfew stay current. As reported in the order, the measure “is not duly justified and does not exceed the proportionality fee.” In fact, the Chamber emphasizes that they are not appreciated “reasons by virtue of which he can reasonably defend himself that risky behaviors are even more dangerous if they are carried out at night or the innocuous ones cease to be so because the day gives way to the night. “According to the report of the Chamber, other” less harmful “measures are pointed out that could be applied to control possible activities that,” due to social custom “, are usually develop at night: it doesn’t work “pIt is provided to keep the generality of the population periodically deprived of their freedom of movement for the mere reason of the hour“.
Instead, the magistrates yes they have given their approval to limitation of the maximum number of people not living together in family and social gatherings, both in public and private spaces.
Private vote
The only point rejected by the majority of the room and not unanimously has been the possibility or not to travel freely between islands when one of them is at level 3 and 4. As specified in the rule, there are a series of exceptions that they would allow transit for justified reasons or, conversely, for leisure, as long as a negative diagnostic test is presented.
For the magistrates of the room Jaime Guiliarte Y Pedro Hernandez, it is a sufficient reason for the maintenance and justification of the existence of the norm, since “the evolution of the pandemic must be taken into account“and in the examination of the suitability of the measure, it should be noted that”are of the utmost importance” factors affecting the general population, the lack of pharmacological treatment or the chain of transmission, among other factors.
According to the account in the car, the magistrates consider “sufficiently justified” this measure in proportion to the epidemiological evolution from each of the islands. In fact, they consider that the maintenance of this measure “sIt supposes a minimal and necessary affection to the fundamental right to free movement justified in the containment of a communicable disease with extremely serious consequences for people’s health and lives, “he concludes.
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