The Government has appealed the advance of the curfew of Castilla y León which came into effect this Saturday at 8:00 p.m.. In a statement sent by the Government Delegation in that community, the executive announces that it has requested the State Attorney General to file an appeal before the Administrative Litigation Chamber of the Supreme Court against the measure, which it considers a “restriction of a fundamental right that is not protected by the legal instrument of the state of alarm “. Government sources indicate that they are open to studying the extension of the curfew, in line with what he said yesterday the Minister of Health, Salvador Illa, but they had to resort to it so as not to be out of the law ”.
The executive believes that Agreement 2/2021 of the Board published this Saturday in the Official Gazette of Castilla y León violates Royal Decree 926/2000 by which the state of alarm is declared. According to the executive, the decree “expressly” determines in article 5 as a period for the limitations of the freedom of movement of people the night time between 23:00 and 6:00, with the possibility that the competent authorities delegates -the regional presidents- could decide the territorial scope of application and modulate their schedule, but advancing or delaying it one hour.
By setting 8:00 p.m. as the start time of the limitation, the Government considers that the agreement “clearly violates the regulation”, and points out that the autonomous government cannot avail itself of the ‘modulation’ conditions that both Article 10 of the Royal Decree 926/2020, as the sole transitory provision of Royal Decree 956/2020, by which the state of alarm was extended until May 9, they grant to the delegated competent authorities. The “modulation” wielded by the executive of Alfonso Fernández Mañueco entails the possibility of suspending, making more flexible or relaxing the limitations, “but not – as is the case – of intensifying or aggravating them.”
The rest of the measures approved this weekend by the Junta de Castilla y León to reduce infections, such as the limitation of mobility between the provinces of the autonomous community, the reduction of capacity in religious events to a maximum of 25 people (and a third of the total) or the meetings of more than four people not living together have not been questioned by the Government.