The Constitutional also annuls the Government reform to maintain restrictions at the end of the pandemic

The conservative majority of constitutional Court has decided to annul the Government reform that in 2020 placed in the hands of the superior courts of justice the judicial endorsement of the health restrictions of the autonomous communities. The majority of the plenary, with seven votes in favor and four against, has carried out the presentation of the magistrate Enrique Arnaldo early this thursday by elDiario.es.

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According to sources from the court of guarantees there will be individual votes from magistrates from the progressive sector of the plenary session: María Luisa Balaguer, Ramón Sáez, Inmaculada Montalbán and Cándido Conde-Pumpido.

This is not the first unconstitutionality issue presented by the High Court of Justice of Aragon on legal measures taken by the Government to deal with the pandemic, but it is the first that prospers until an approving sentence. It has presented questions about the prohibition of singing in churches, with the Aragonese law of the end of 2020 to combat the spread of the virus in the autonomous community and, for the moment, they have been inadmissible or rejected.

The executive launched this reform so that the superior courts of justice they were the ones that analyzed, in the first instance, the measures and restrictions of the regional health authorities. Subsequently, another reform made it easier for appeals against these decisions to go directly to the third chamber of the Supreme Court.

This decision comes after other Constitutional Court rulings on the legal measures taken by the central executive to deal with the pandemic. In the last year they have declared the unconstitutionality of the two states of alarm imposed throughout 2020. In the case of the first state of alarm, the court understood that the heavy restrictions imposed on the population should have been justified under the umbrella of the state of exception and not just the state of alarm.

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