Post by account_disabled on Mar 11, 2024 7:09:17 GMT
The judges disagree, and the regional governments look to the Supreme Court . It will be up to them to decide what restrictive measures of rights the communities can adopt once the state of alarm is over, since the Canary Islands have decided to appeal to the high court after seeing their initiatives defeated. The Minister of Justice, Juan Carlos Campo, believes that the regional governments cannot agree on measures such as a curfew without a state of alarm and has recalled that, if they consider it necessary, they can always ask the central Executive to decree that state in their territory. . In any case, in his opinion, legal reforms are not necessary : the communities have a "regulatory arsenal" to fight the pandemic without reaching the point of restricting night mobility, such as setting hours for bars, restaurants or shops; and there are already municipal ordinances that prohibit the large bottles that have been seen this weekend in many cities.
If there are all these problems of interpretation of the scope of the limits of the regulations, of whether or not the state of alarm is necessary, it is because there is not enough certainty, there is not enough clarity in the law that we have in force today," he said. expressed for his part in an interview Belgium Mobile Number List in "El País" the chief prosecutor of the contentious-administrative matters of the Supreme Court, Pedro Crespo. THE JUDGES WHO SAY NO TO CURFEW The Basque Government consulted the Superior Court of Justice of its community before even publishing its decree and the magistrates rejected both the curfew and the planned perimeter closures. For this court, the Law on Special Measures in Public Health of 1986, which allows health authorities to take "necessary" measures in the event.
Health risk, is "a mixed bag lacking precision", since it It does not indicate any limitation on the measures or guarantees to be respected, "which is contrary to the doctrine of the Constitutional Court." "Our current legal system does not allow the Autonomous Communities to agree, outside the state of alarm, restrictive measures of fundamental rights of a general, non-individualized nature," he concludes. The Superior Court of Justice of the Canary Islands also rejected the curfew that the autonomous government wanted to set. It is, he said in a car, "a true confinement for the sole reason of the schedule." "We have not seen any reason by virtue of which it can reasonably be argued that risky behaviors become even more dangerous if they are carried out at night or harmless behaviors cease to be harmless because day gives way to night," the magistrates emphasize.
If there are all these problems of interpretation of the scope of the limits of the regulations, of whether or not the state of alarm is necessary, it is because there is not enough certainty, there is not enough clarity in the law that we have in force today," he said. expressed for his part in an interview Belgium Mobile Number List in "El País" the chief prosecutor of the contentious-administrative matters of the Supreme Court, Pedro Crespo. THE JUDGES WHO SAY NO TO CURFEW The Basque Government consulted the Superior Court of Justice of its community before even publishing its decree and the magistrates rejected both the curfew and the planned perimeter closures. For this court, the Law on Special Measures in Public Health of 1986, which allows health authorities to take "necessary" measures in the event.
Health risk, is "a mixed bag lacking precision", since it It does not indicate any limitation on the measures or guarantees to be respected, "which is contrary to the doctrine of the Constitutional Court." "Our current legal system does not allow the Autonomous Communities to agree, outside the state of alarm, restrictive measures of fundamental rights of a general, non-individualized nature," he concludes. The Superior Court of Justice of the Canary Islands also rejected the curfew that the autonomous government wanted to set. It is, he said in a car, "a true confinement for the sole reason of the schedule." "We have not seen any reason by virtue of which it can reasonably be argued that risky behaviors become even more dangerous if they are carried out at night or harmless behaviors cease to be harmless because day gives way to night," the magistrates emphasize.