The TSJC demolishes the use of the covid certificate and the night closing of stores


Since last Monday, those in charge of restaurants and cafeterias in Tenerife –because they are at level 4– and in certain cases those of Gran Canaria, Fuerteventura and La Palma –because they are at level 3– had to screen their customers before going to inside their premises. Now, this rule falls cautiously after the two orders issued by the TSJC before two appeals from the Círculo de Empresarios y Profesionales del Sur de Tenerife and the Asociación Hostelería Unida de Tenerife (HUT).

The Court provisionally suspends the measures imposed by the regional Executive


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The Minister of Public Administrations, Justice and Security and spokesman for the regional Executive, Julio Pérez, assured yesterday during the press conference after the meeting of the Governing Council, that the cars will require a “thorough study”, because they specify that the elimination of the limitation of night hours is only imposed at level 4, something that “it’s not coherent”. In addition, Pérez recalled that in the Canary Islands for more than a year a similar document has been required to access hotel establishments, as well as in ports and airports to enter the Canary Islands.

Pérez denied during his speech that all the decisions that the Government has adopted during the health crisis have been suspended by the courts. Although, since the state of alarm waned and control of the pandemic passed into the hands of the autonomies, the regional Executive has had notable setbacks with justice. In May, the Supreme Court dismissed the appeal filed against the refusal of the TSJC, which rejected the perimeter closure of the islands at alert levels 3 and 4. Shortly afterwards, at the end of June, the regional court suspended the agreement of the Governing Council that decreed the closure of the interior of hospitality establishments and the maximum occupation to 50% of the terraces, in the islands in level 3.

The Government of the Canary Islands has three days to present allegations before the TSJC


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This same week, the Administrative Litigation Chamber of the Supreme Court ruled against the curfew in the Canary Islands, after the appeal that the community presented after the TSJC denied, on July 14, the restriction to mobility between 00:30 and 6:00 in the islands with the highest incidence of the virus (levels 3 and 4) .

To this is added that the Minister of Health, Carolina Darías, has stressed that in Spain it is not mandatory to get vaccinated, after the Canarian Government studied to force public employees of essential services to be immunized against covid-19.

The cars published yesterday by the TSJC set the capacity inside the hotel and restaurant establishments at 50%, on the islands with level 3 and 4. For cultural venues, such as cinemas, theaters and auditoriums, the magistrates consider proportional the measure to restrict the capacity to 55%, but they do not guarantee that users must provide health information to be allowed to enter. With regard to the capacity of spaces intended for non-federated physical activity in interior areas, the Chamber concludes that “they do not have to be discriminated against at 33%”, since it leads to the closure of establishments, “when a special incidence of contagion in gyms or that the reduction to 33% is going to be the remedy sought by the limitation. Thus, the TSJC sets the capacity of these venues at 55% for alert level 4.

Both the Government of the Canary Islands and the Tenerife businessmen now have three business days to present the allegations they deem appropriate regarding the maintenance, modification or revocation of the agreement. The Minister of Health, Blas Trujillo, pointed out that they will try to present the allegations to the two cars as soon as possible and appealed to individual responsibility while the Court issues a ruling. Pérez insisted that the Governing Council makes decisions following the criteria of sanitary technicians and with the legal advice of legal services. In addition, he pointed out that they always move within a triangle delimited by the defense of health, the economy and fundamental rights.

The president of the Cabildo of Tenerife, Pedro Martín, assured yesterday that in the face of the repeated situation of disavowal by the TSJC, the only tool they have left is to increase vaccination and controls, as far as possible, with the state security forces and bodies. Likewise, Martín acknowledged that the Court’s decision was not expected and confesses that it was “a surprise” to him.

The covid passport divides the autonomies

The use of the digital covid certificate to allow access to the interior of certain establishments is not an exclusive idea of ​​the Canary Islands. There are regions such as Galicia in which the use of this document is already in force to screen the accesses to the interior of the restaurant and hotel industry; Melilla will demand it in mid-August; and Cantabria approved its use yesterday. Andalusia welcomes the measure, but is committed to a unified regulation and Aragon considers it “worthy of study.” Other communities such as Castilla-La Mancha do not rule it out if a national agreement is reached; while the Valencian Community, Catalonia, Euskadi or Madrid do not consider it, at least until the legal doubts are cleared up. The covid certificate serves to prove that the holder has received the complete vaccination schedule against covid-19; that you have a negative test performed in the last 72 hours; or who has recovered from a SARS-CoV-2 infection in the past six months. At the moment, it has the legal backing of the European Parliament, which promoted its creation in order to facilitate the mobility of citizens of the European Union between member countries. | ID

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