June 15, 2021

The Minister of Justice now says that ordinary law does not allow a curfew


The Minister of Justice, Juan Carlos Campo, has assured this Monday in an interview in Al Rojo Vivo de La Sexta that the law of Special Measures in Public Health Matters, to which the autonomous communities that want to maintain restrictions on life are resorting After the state of alarm has waned, it does not cover the curfews that some autonomies are proposing to contain contagions.


Pandemic fatigue and the end of the state of alarm complicate control to avoid a spike in infections

Pandemic fatigue and the end of the state of alarm complicate control to avoid a spike in infections

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However, Campo has assured that he is “waiting” for the Supreme Court to rule on the matter after the approval of the new appeal with which the Government intends to “standardize doctrine” before the “divergent positions” of the regional courts on whether ordinary laws protect measures of general and indiscriminate application to citizens such as perimeter closures or curfews. The Canary Islands have already announced that they will appeal to the High Court after the veto of the curfew in the islands, a measure approved by the judges in the Balearic Islands and the Valencian Community.

In this sense, the Minister of Justice has affirmed that the “channel” to prevent citizens from leaving home in certain time slots – which is the curfew – is the state of alarm, although he has reiterated on several occasions that This instrument is no longer necessary at the state level because the epidemiological situation has improved, although it is available to the autonomous communities, which it has encouraged to request it if they consider it appropriate. “If they understand that the curfew is the solution, ask the government for it,” he reiterated.

In addition, the minister has opened the possibility this Monday of “make additional legal changes” so that the autonomous communities can face the pandemic after the state of alarm if “the need arises” from the decisions of the Supreme Court. This was expressed in a tribune published in the newspaper The country, in which it has defended that it is “reasonable that if there is disparity of criteria” it is the High Court that “sets the common standard”. “Who else was going to do it?”

Criterion changes

The statements made this Monday by Campo on the curfew clash with what the Government had been defending in recent days, whose general argument has been that ordinary legislation was enough to impose restrictions. “The autonomous governments, with the sanitary legislation of our country in hand, communicating to the pertinent authority and requesting permission for certain situations, they can do it”, answered the first vice president, Carmen Calvo, in an interview on elDiario.es to the question of whether curfew is possible without a state of alarm.

Days before, however, the vice president had admitted that the limitation of mobility, that is, that citizens stay at home even at certain times, could only be carried out with this exceptional measure. The president, Pedro Sánchez, also affirmed before the state of alarm ended that with its termination, some of the restrictions that affect fundamental rights would decline. “What is evident is that when we are talking about the restriction of fundamental rights, such as, for example, the curfew, it is evident that it has to be done under the protection, in the opinion of the Government, of the state of alarm “, he said at a press conference in Andorra on April 21.

Last week the Government decided to promote a decree law that would modify the legislation so that the autonomous communities can appeal to the Supreme Court in the event that the higher courts of justice overturn their limitations. The idea is to create jurisprudence in this regard. However, in the Executive – as well as in the autonomous governments – there are doubts that the High Court will rule in favor of the curfews.

This same Monday, the Government delegate in the Community of Madrid, Mercedes González, has urged the Executive of Isabel Díaz Ayuso to request a curfew. Asked if she was referring to the community requesting the declaration of the state of alarm in the region, she has limited herself to saying that she defends that a curfew be requested after a weekend in which the streets have been filled with bottles nocturnal.

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