October 20, 2020

alleges that Health invades its powers and limits fundamental rights



The Community of Madrid has presented this Friday the appeal against the order of the Ministry of Health that obliges it to close the capital and nine other cities of the autonomy – Móstoles, Alcalá de Henares, Fuenlabrada, Leganés, Getafe, Alcorcón, Torrejón de Ardoz, Parla and Alcobendas–. The Government chaired by Isabel Díaz Ayuso requests precautionary measures, although these will not prevent the entry into force of the measures tonight from 10 p.m. The regional Executive alleges that Health invades its powers and limits fundamental rights, among others.

The restrictive measures that limit mobility in Madrid and nine other autonomous municipalities will come into effect tonight, sources from the regional government assure elDiario.es. “The order comes into force regardless of the resource,” these same sources explain. The Community of Madrid renounces to request extremely precautionary measures, which would force the National Court to pronounce itself in less than 24 hours. For this reason, the measures will become effective tonight around 10 pm, 48 hours after the Ministry of Health notified the order of the Interterritorial Council approved by a majority by the autonomous communities.

In the appeal, to which elDiario.es has had access, the regional government points out “the damage that derives from the invasion of powers” that the order has entailed through “a tortious use” of the Interterritorial Council of the National Health System.

The regional government now defends that it is the Community of Madrid “that has the competence to adopt sanitary measures” and that the order of the Ministry of Health supposes “the imposition of a series of measures that derive from an instrumentalized use of the Interterritorial Council of the National system of health”.

The Ayuso Executive considers that Health measures can “significantly affect ordinary life and economic activity” and “imply a limitation of fundamental rights.” “Which, therefore, demands a special measure in their adoption, always focusing them on a health purpose, but within the framework of the principles of utility and, especially, pro-proportionality”, they allege.


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