The head of the Contentious-Administrative Court number 14 of Madrid, Alfonso Villagómez, who did not ratify the order of the Ministry of Health of the Community of Madrid that included various preventive measures against Covid-19 such as the ban on smoking when a safety distance cannot be maintained, has indicated this Wednesday that he did not cancel the measures and that therefore the regional provision remains in force.
The magistrate who invalidated the smoking ban in Madrid: judge and columnist on his own cars
Speaking to Europa Press, Villagómez has explained that the general provision on which the counseling requested ratification establishes general rules and not for a specific person, and has stressed that this type of order does not need judicial ratification.
It maintains that once it is approved by the relevant body and published, “it has legal effects” and therefore the ratification or not by a judge “does not affect” and remains in force. In this sense, it has explained that the judge does not control or assess the legality of that order since he is a judge of guarantees and therefore only determines and appreciates whether the provision affects the fundamental rights of the person.
In line, Villagómez has added that this same position has been defended by the Public Prosecutor’s Office, who, he assures, would have reported unfavorably on the appeal filed by the Community of Madrid, noting that the order does not need to be judicially ratified. “It is drawer”, has indicated the judge.
The aforementioned regional order, was published in the Official Gazette of the Community of Madrid (BOCM) on Wednesday August 19 and entered into force on August 20, also established the closure of nightlife venues and also prohibited the consumption of food on board of public transport vehicles, by bus or rail.
The hotel and restaurant business was also limited, since both inside and outside the premises had to cease at 01:00, and in no case could new customers be admitted after 00:00.
The regional Executive raised a query to obtain the ratification and judicial shielding before these new measures to prevent the contagion of Covid-19 among the population, before which it received the refusal of the judge who was carrying out the substitution in number 2 of the Contentious -Administrative.
Now, Villagómez clarifies that the procedure followed by the Community of Madrid was for the authorization of urgent sanitary measures in accordance with article 8.6 of the Contentious-Administrative Law, and that therefore he intervenes as a judge of guarantees to elucidate whether these measures affect to the fundamental rights of the person.
In line, he explained that this procedure is used for specific cases such as ordering the hospitalization of a contagious person, and has insisted that this case has nothing to do with it because it affects the entire population.
“The judge only determines and appreciates whether this provision affects the fundamental rights of people. The provision is in force,” he added, and then stressed that in any case the Community of Madrid should go “as planned” to the statement alarm status for the region.
In this sense, he has warned that the autonomous community should address the Prime Minister so that he declares a state of alarm, and recalled that his statement does not need the approval of Parliament, where only possible extensions are debated, where appropriate .