Supreme Court to have the last word on regional restrictions

BarcelonaThe cabinet has approved on Tuesday a decree in which, in addition to extending social measures, it establishes mechanisms to prevent Autonomous Communities encountering different criteria in their respective High Courts of Justice: once the state of alarm ends at 00 hours on Sunday, May 9, regional governments may appeal in cassation before the high court if their covid restrictions are repealed. The first vice president and minister of the Presidency, Carmen Calvo, explained at a press conference that this will give regions a legal tool to maintain restrictions on fundamental freedoms depending on the evolution of the pandemic.

Despite the insistence of governments in Valencia, the Basque Country and Castilla y León for an extension of the state of alarm, Pedro Sánchez's executive has ignored requests and let communities decide on the approval of particular measures that conform to the epidemiological data, which varies greatly. Basque president Iñigo Urkullu has already announced that on Friday he would present a decree to maintain certain restrictions after Sunday, due to the high incidence of covid on the region. On the contrary, the Generalitat will eliminate the curfew and the perimeter closure of Catalonia, but maintains a ban on gatherings of over 6 people.

Calvo explained that after Sunday regions which want to maintain certain restrictions that affect fundamental rights (freedom of movement or limitations on groups) will have to "justify, argue and propose" possible measures such as curfews, travel restrictions and other limitations to their regional High Court and, if rejected, may appeal to the Supreme Court, which will have the final word and create case law for the entire state. According to the vice president, the new measure will give "tranquility" to regional executives and reinforces "guarantees" for all limitations to fundamental rights because they will always have a "judicial authorisation". Appeals will be resolved by the third chamber of the Supreme Court in a maximum period of five days, which Calvo considers an acceptable period.

On the other hand, health controls will be maintained for international travellers and travel restrictions between Spain and South Africa and Brazil, while visitors from India will continue to require a negative PCR made before embarking.

What the Spanish government will extend is the so-called "social shield" that was approved in the first weeks of the pandemic and was subject to the state of alarm. Until August 9, evictions are suspended and companies are prohibited from cutting off gas, electricity and water supplies to vulnerable families.