The Superior Court of Justice of the Canary Islands (TSJC) has denied the request of the regional government to limit mobility between 00:30 and 06:00 in the islands at level 3 or 4, according to judicial sources.
The Superior Court of Justice of the Canary Islands has not authorized the limitation of the freedom of movement of people at night that the Government of the Canary Islands proposed to fight against the fifth wave of the Covid-19 pandemic. The Administrative Litigation Chamber of the TSJC has agreed not to authorize the measure whose approval was requested by the regional Executive by not estimating “that the restriction of freedom of movement is proportionate to prevent bottles in public spaces.”
The judicial body recalls that it already warned in its resolution of May 9 – confirmed by the Supreme Court – that if what is intended “is to avoid certain behaviors that may entail a greater risk to public health because it is considered that they usually , by social custom, they take place at night ”, the public authorities have“ other less harmful legal instruments of intervention ”, such as the Law on Classified Activities and Public Shows or the Law on Protection of Citizen Security.
The Court emphasizes: “It has not been proven that the situation in which the epidemic is found represents such a serious and imminent danger to health and assistance capacity that justifies this exception, with ordinary means less restrictive of fundamental rights to resolve the problem. Problem that arises in such a way that individual responsibility and people’s self-control are the reason for compliance with the measures for their own interest and for their duty not to harm others (neminem laedere), thus avoiding the rebound effect generated by the lifting of the prohibitions imposed so drastically that, when they disappear, it is forgotten that a fatality has not ended that, like others, it seems that we have to bear for life if Medicine does not remedy it ”. The resolution is subject to appeal to the Supreme Court.
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