The Canary Islands became the first community to appeal to the Supreme Court so that it allows you to implement the curfew on the islands with the highest rate of infections and are at COVID alert levels 3 and 4. All after the Superior Court of Justice of the Canary Islands (TSJC) denied this measure, considering that it was not “proportionate” to the epidemiological situation of the Archipelago.
The Government of the Canary Islands had requested the endorsement of the Canarian judges to be able to limit mobility between 12.30 a.m. and 6 a.m., and thus avoid large bottles and other crowds during the night, also arguing that “the impact of this tool on the economy was minimal.” The Administrative Litigation Chamber of the TSJC determined, however, that the public powers have “other less harmful legal instruments of intervention.”
After this refusal, the regional Executive has decided to continue the legal battle to reinstate the curfew and this Monday presented the appeal in the Supreme Court. A process in which the first thing is to transfer for allegations to the Prosecutor’s Office, which has three days, and, once it submits its report, the Chamber will have a maximum of five days to resolve directly the resource.
The Canary Government goes like this for the second time to the High Court after the end of the state of alarm after last May presented another Appeal after the TSJC’s rejection of the perimeter closure of islands at alert levels 3 and 4.
In an emergency procedure, the Supreme Court decided not to endorse it either because it was a measure that was not sufficiently justified.
Now, the Government of the Canary Islands ensures that “it has hopes of a favorable pronouncement” on the curfew, because there are “arguments” and because it is “a measure proportional to the danger of increased infections” that are currently registered in the islands.
The Executive chaired by Ángel Víctor Torres intends to achieve a unification of doctrine given the various pronouncements for and against of different superior courts of justice of the autonomous communities. While in the Valencian Community, Catalonia and Cantabria they have allowed the restriction of night mobility, in the Canary Islands or in Extremadura it has been rejected.
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