The contentious-administrative judge who rejected ratify various preventive measures against COVID-19 in the Community of Madrid has denied the request for clarification of that decision made by the regional Executive. "There is no room for the clarification requested," says magistrate Alfonso Villagómez Cebrián, who defends his resolution and charge against the Administration led by Isabel Díaz Ayuso, which had gone to court to validate measures such as the prohibition of smoking when it is not possible maintain a safety distance or the cessation of hospitality activity at 1.00 in the morning.
A judge annuls the order of the Community of Madrid that prohibited smoking in the street without distance and closed nightlife venues
"It is not up to this judge, or any other jurisdictional body, to" co-govern "with the Governing Council of the Community of Madrid, nor, from this exclusive jurisdictional role, to determine the legal consequences that may arise from the lack of ratification of Order 1008/2020 by means of a resolution of expository and resolutive clarity beyond any doubt ”, he maintains.
In an order dated last Friday, Villagómez says that the Community of Madrid should have specified "the individual subjects affected" by the proposed measures because "only in this way is it possible to determine the affectation or limitation of fundamental rights." However, in his car last Thursday he stressed that the proposed measures "They do not acquire the category of limitation and impairment of fundamental rights".
In fact, he did not refuse to ratify them for that reason, if not because he could not "validate" them by referring to an order from the Ministry of Health that has not yet been published in the Official State Gazette (BOE) and that, therefore, is "Null and void," he argued. However, he did warn that in the hypothetical case that they affected fundamental rights, he would not have ratified it either because fundamental rights "could not be limited by means of an administrative provision such as the Order of the Ministry of Health." In his opinion, a declaration of a state of alarm would be necessary for an autonomous community to "make intensive use of legal measures to limit fundamental rights and public freedoms."
This Monday, the Minister of Justice, Interior and Victims of the Community of Madrid, Enrique López, has assured that he trusts that the Superior Court of Justice of Madrid (TSJM) provides "coherence" and "logical legal sense" when resolving the appeal filed by the regional government against the order of Judge Villagómez. The regional executive presented the appeal this Sunday, reports Europa Press.