There are no surprises, the Superior Court of Justice of the Valencian Community has given the legal green light to the measures proposed by the Generalitat Valenciana after the end of the state of alarm, which include maintaining the curfew from 00:00 to 06:00.
The Contentious Chamber considers that the Public Health Law of 1986 provides sufficient regulatory coverage to adopt these restrictions on fundamental rights, as reported by the court itself.
The Fourth Section of the Contentious-Administrative Chamber of the Superior Court of Justice of the Valencian Community (TSJCV) has authorized the limitations on night mobility, social and family gatherings, and the capacity in places of worship agreed by the Generalitat Valenciana this Thursday before the end of the state of alarm.
The magistrates delimit the validity of these restrictions to the period between May 9 and 24 – not until May 30 as requested by the Administration – and establish that it will be the evolution of the pandemic and the rate of vaccination that determine ” the need -or not- for its extension or the adoption by the competent authority of measures of greater laxity in the affectation of fundamental rights”.
The authorized measures consist of limiting, with exceptions, the movement of people between 00:00 and 06:00, limiting groups or gatherings of a family and/or social nature to a maximum number of 10 people and the reduction to 75 % of capacity in places of worship.
The Court’s order states that Organic Law 3/1986, on Special Measures in Public Health Matters, provides “sufficient regulatory coverage for the adoption of limiting health measures -not suspensive- of fundamental rights and freedoms”.
However, the Chamber considers that it would be “desirable” to have a “suitable and ad hoc normative production that solves the interpretative problems that we find ourselves with and avoids the consequent contradiction of criteria that we witnessed in its day and we are bound to repeat in this moment of the end of the state of alarm”, a legislative intervention such as the one that already occurred at the beginning of the pandemic “by several countries in our geographical and cultural environment”.
The TSJCV reiterates in its resolution the arguments that it already presented in a previous order, dated October 27, 2020, by which it ratified similar measures approved by the Generalitat before the declaration of the state of alarm.
Restriction of freedoms, not suspension
In the opinion of the magistrates, the measures whose authorization is sought suppose only “the restriction or limitation of freedoms and fundamental rights, not the suspension of the same.”
The Prosecutor of the Superior Court of Justice of the Valencian Community (TSJCV) had informed this morning that it was not opposed to the restrictions to contain the pandemic requested by the Generalitat Valenciana in view of the imminent end of the state of alarm, according to sources from the public ministry.
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