The Government rectifies and is now open to changing the law to “improve legal certainty” of the measures that the autonomous communities are implementing to deal with the outbreaks of COVID-19. The Executive, through the Socialist Parliamentary Group, will propose to reform the law that regulates the Contentious-Administrative Jurisdiction, which establishes that sanitary measures that limit fundamental rights require judicial ratification.
Attempts by the autonomies to limit the spread of the virus lead to a cascade of contradictory judicial decisions
This decision comes after several resolutions by judges who have refused to ratify the restrictions proposed by regional governments. This is the case of Madrid, where the Superior Court of Justice of Madrid annulled the order of the Contentious Judge who had rejected in the first instance to ratify the measures proposed by the Executive of Isabel Díaz Ayuso. This week a judge also refused to validate the order of the Government of the Region of Murcia that sought to limit the meetings to six people.
Precisely the Government proposes to attribute the competence of this matter to the Superior Courts of Justice of each autonomous community, instead of the Contentious-administrative courts, to establish the preferential processing of these authorizations or ratifications, which must be resolved in a maximum of three calendar days and incorporate the participation of the Public Prosecutor’s Office in this type of procedure.
The Government has reported that the proposal would be articulated, after agreement with the parliamentary groups, by means of an amendment to the draft Law on procedural and organizational measures to deal with COVID-19 in the area of the Administration of Justice. Said bill is currently undergoing amendment in the Senate and after its approval in this House, it will go to Congress to be ratified, which would allow its entry into force “in a very short time.”
Moncloa maintains that this initiative seeks to provide the highest possible legal certainty to the decisions adopted by the health authorities and to provide the autonomous communities and other public administrations with health powers with “all the tools they need” to manage the situation as more appropriate depending on the specific circumstances that occur in its territory.