The Administrative Litigation Chamber of the Superior Court of Justice of Aragon (TSJA), in an order issued this Monday, February 21, has agreed to the precautionary suspension of the measure established in article 6.1 of Order SAN/20/2022, of 4 February, and has established that the display of the COVID certificate is not applied to make visits to hospitals and specialized social service centers, such as nursing homes.
The magistrates understand that the measure adopted by the Department of Health of the Government of Aragon to maintain the Covid certificate in health centers and residences, regardless of its greater or lesser effectiveness, “does not contribute to health security”, explained the TSJA in a press release.
In this regard, they express in their order that this sanitary measure makes it possible to know that the participants in a “risk” activity are either vaccinated or do not have the presence of the virus in their body, “without giving, as the order itself says, an absolute guarantee of safety, or the absence of contagion”.
It is about, as expressed by the lawyer of the Government of Aragon, to offer spaces of greater health security and underline the importance of vaccination.
The Administrative Litigation Chamber of the TSJA sees the measure as reasonable, “in a certain health context”, due to the special vulnerability of patients and to achieve a safe exercise of visits and residents in them.
However, the assessment of the reports that have been sent to them by the Aragonese Health Administration leads them to understand that it is not necessary to maintain this measure since it will not produce a greater benefit in the development and evolution of the health crisis in the coronavirus pandemic versus the impact it has on fundamental rights.
For this reason, they conclude that, at the present time, “maintenance of the measure is not perceived as suitable, necessary, or proportionate, to the point of justifying the impact it generates on the fundamental rights affected.”
Legality
The TSJA does not rule on the legality of the order, understanding that this is a matter that affects the substance of the legal debate and cannot be assessed at this procedural moment. He maintains that the underlying issue now is exclusively the suspension of the order in the face of the possible violation of fundamental rights.
It is about deciding whether or not the maintenance of the measure is duly justified and the consequent impact on the fundamental rights affected by it, “affect and impact that no one denies, regardless of the greater or lesser intensity of the same”.
The TSJA issued an order on February 9, 2022 in which the Chamber did not agree to agree to the very precautionary measure requested by the Liberum association and notified the defendant Administration and the Public Prosecutor to make their allegations, after which has now uttered.
Against this car there is an appeal for replacement. In this regard, from the Government of Aragon they have specified that the legal services are studying the order and, later, they will decide if it is appealed or not.
The regional Executive has stressed that it has taken the initiatives that it has considered necessary “to protect the health of the Aragonese”.
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