The Madrid Provincial Prosecutor’s Office considers that the latest anti-COVID-19 measures approved in the Community of Madrid can now be “implemented” as they are “in accordance with the law” and do not have to be ratified by a judge. This was transferred to the representative of the Public Ministry in a letter on August 25 to the Contentious-Administrative Court number 2 of Madrid that five days before had refused to ratify them on the grounds that they referred to an order from the Ministry of Health that It had not yet been published in the Official State Gazette (BOE) and that, therefore, it was “null and void”.
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The Prosecutor’s Office, which maintains a uniform criterion throughout the national territory, clarifies that the judicial ratification requested by the legal services of the Community of Madrid “must refer to mandatory measures” and, in turn, must involve “ deprivation or restriction of freedom or of another fundamental right ”. Something that did not occur in any of the measures submitted for ratification: recommendation to limit meetings to ten people, request for the identification data of those attending an event by banquet halls, limitation of elderly people leaving the residences o PCR performance of new entrants to residences and workers returning from leave and vacations.
On the other hand, it considers that the measures are “justified” by virtue of the “detailed” report of cases of COVID-19 in the Community of Madrid on July 19, 2020 that the General Directorate of Public Health of the Ministry provided to the court of Health.