October 27, 2020

The Government plans the state of alarm for Madrid pending Ayuso’s reaction after the cancellation of the restrictions


Isabel Díaz Ayuso begins to exhaust Pedro Sánchez’s patience. The regional government has ignored throughout the day on Thursday the communications of the Ministry of Health to hold a bilateral meeting during the day in which to address the situation after the annulment by the Superior Court of Justice of Madrid (TSJM) of the restrictions applied last week to close the capital and nine cities with a high incidence of COVID-19. Both the president and the minister had expressed their intention to agree on the new measures with the regional Executive, which has chosen to work unilaterally on a new order, despite the call of the central government since the regional president had initially expressed that intention. The new rudeness of the Community of Madrid has been heating up the spirits in Moncloa and in the Executive of Sánchez they have begun to work on a plan of state of alarm for the community, waiting for what Ayuso’s next steps are, state government sources .

Ayuso asks the Government to agree "sensible measures" to announce them tomorrow and recommends that the locals not leave the bridge

Ayuso asks the Government to agree on some “sensible measures” to announce them tomorrow and recommends that the people of Madrid not leave the bridge

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As soon as the annulment of the measures is known by the justice, the Minister of Health, Salvador Illa, had announced an urgent call from the COVID-19 group which was created between Health and the regional government to “find a way to respond to this judicial position.” “We are sure that the Community of Madrid will agree on this approach,” he expressed in Congress, during an appearance that was already scheduled. Sánchez has followed that same line in an appearance before journalists in Algeria in which he has not ruled out the activation of the state of alarm in the Community of Madrid as a formula to limit the mobility of citizens after the judicial blow, but has made clear his intention to agree on these measures with Ayuso.

“The Government has always contemplated these instruments,” he said. If the Justice tells us that this is not the mechanism, we will have to evaluate it with the Community of Madrid and make the appropriate decisions ”. Sánchez has insisted on a meeting between the two governments. From Health they have sent two messages to make the appointment: one to the vice-presidency of Ignacio Aguado and another to the Ministry of Health. None of them have received a response. In Moncloa, meanwhile, they were working on various alternatives without ruling out any. “If it can’t be negotiated either … we’ll see,” said a government source. By that time the president had just landed in Moncloa.

After 8.30 p.m. the Ayuso Executive had not yet decided whether to meet with Minister Salvador Illa. The technical team of the Ministry of Health together with the counselor, Enrique Ruiz Escudero, has been meeting all afternoon this Thursday to decide the order with the new restrictive measures after the mobility measures have declined. Although The Madrid president herself had asked during her appearance without questions for a bilateral meeting this same Thursday to jointly address the response to the court ruling, finally from the regional government they decided to draw up their own order without counting on the ministry.

The Executive of Sánchez remains awaiting the next movements that arrive from Puerta del Sol, but with patience to the limit after having fought the measures that have finally annulled justice until the last second. After several ups and downs, the regional government agreed to increase the restrictions in large cities and this was approved by the Interterritorial Health Council, although the Community of Madrid dropped the agreement. Finally, he reluctantly applied the measures.

The PP now considers that justice has given “the reason” to the regional president while the Government is considering the application of the state of alarm so that there are no doubts regarding the legality of the mobility restriction. Despite the fact that the closure of cities has been accepted by other courts, in cases such as Ourense, the TSJM’s order is a blow to the Executive and questions that a legislative reform has not been carried out in all this time to allow that measure without resorting to the state of alarm. “It is striking that, given the described health scenario, a reform of our regulatory framework more in line with the confessed needs to effectively combat the Covid-19 pandemic and face the serious health crisis that the country is suffering was not addressed, despite the existing doctrinal consensus about that the current regulation of the normative instruments that allow the limitation of fundamental rights (…) is certainly deficient and needs clarification. ”

During the first wave of the pandemic, the Government expressed its intention to reform the legislative package of health and public health to be able to deal with the outbreaks and the disease itself. Sánchez transferred it to the regional presidents in a meeting on May 10. However, eThe Executive has ruled out From the lifting of the state of alarm, carry out these regulatory changes, arguing that the current legislation is sufficient for the measures that are put in place to deal with outbreaks.

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