Coronavirus: Justice rejected the closure of Madrid for affecting “fundamental rights”

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The Superior Court of Justice of the Spanish capital denied the ratification of the sanitary measures ordered by the central government.

The Superior Court of Justice of Madrid (TSJM) denied in an order the ratification of the measures agreed by the Ministry of Health of the Community of Madrid, which establishes preventive measures in certain municipalities of the region in execution of the Order of the Minister of Health approving coordinated actions in public health, in the face of the growing number of coronavirus infected.

The Madrid authorities appealed to the Justice those measures, decided by the Government of the nation and backed by 12 of the 17 Spanish autonomous regions for municipalities with more than one hundred thousand inhabitants with a high incidence of covid-19.

Five opposed and Madrid, governed by a coalition of conservatives and liberals, He rejected them with harsh criticism of the Executive of the nation, led by the socialist Pedro Sánchez.

The discrepancies refer to which restrictions are more effective and less economically damaging, if the total urban perimeter confinement of those localities, as defended by the Government, or the partial by neighborhood that Madrid applied.

However, the Madrid authorities complied with the Executive’s resolution and applied the limitations since Friday the city of Madrid and nine other large towns, with 4.8 million inhabitants.

The limitations also affect the maximum number of people and hours in social and hospitality activities, among other.

In a car, to which he has had access Europa Press, the magistrates specify in their resolution that “it is before a legal framework that differs substantially from the one that was analyzed, coinciding with the ratification of the measures on sanitary areas, of September 24 and October 1”.

He argues that, as recognized by the lawyer of the Community of Madrid, what is requested on this occasion is “the ratification of the mandatory mandate of the Minister of Health by which the declaration of coordinated actions in public health is approved to respond to situations of special risk of uncontrolled transmission of infections caused by SARS-COV-2 “.

“This Order of the Minister of Health is issued under article 65 of Law 16/2003 on Cohesion and Quality of the National Health System. Accordingly, the Minister of Health approves the declaration of coordinated actions in public health approved in the Interterritorial Council of the National Health System, thus forcing the recipient autonomous communities, “says the TSJM.

The resolution clarifies that it is article 65 of the aforementioned law that cites the agreement of the Interterritorial Council of the National Health System and the Order communicated of September 30, 2020 as the only legal title enabling the administrative power exercised in the mention of the aforementioned agreement and the issuance of the communicated Order, whose execution is carried out by the Community of Madrid.

Since Friday, October 2, the city of Madrid, the city hardest hit in Spain by a second wave of coronavirus, entered a partial lockdown, complying with an order from the national government to contain the virus.

The president of the Spanish government, the socialist Pedro Sánchez, argued that it was a “critical” need to take the new steps in the largest focus of infections in Europe, but the Madrid authorities, whose regional government is controlled by the right-wing Popular Party, rejected the order, saying it would create chaos and further damage the economy.

That is why they filed an appeal with the National Court against the new measures.

With information from agencies.

JPE

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