We already know the “mandatory” measures that will rule during this pandemic Christmas in our country but the uncertainty of some of them leaves room for some skepticism when carrying them out. On the one hand, the Minister of Health, Salvador Illa, insisted that on these dates avoid “all trips that are not essential” but, on the other hand, the Interterritorial Council agreed that from December 23 to January 6 it is possible to travel from one community to another to “go to the places of habitual residence of relatives or close friends”, with the difficulty of justifying such visits and the complexity of the definition of the concept of close friend.
Jurists such as the professor of Administrative Law Alberto Palomar recognize that this regulation is “very diffuse” due to “the problem of the document that proves the displacement and the lack of definition of the criteria of family and close friend” and, therefore, it will be very difficult to punish those who violate it: “It aims more at social responsibility than legal responsibility”. Along the same lines, this Wednesday in Hour 25, the Minister of Health of Valencia, Ana Barceló, made an appeal to “the responsibility of citizens”, since it recognized that “it is very difficult” to prove this type of displacement.
How can I prove that I am going to see a relative?
In the event that an agent stops a car when it is about to go to another autonomous community, passengers will have to justify the purpose of their trip so that the agent allows it to travel. “An invitation letter could be a sufficient solution. There are already precedents in matters of Immigration and it is considered a valid proof “, proposes the lawyer Alberto Palomar who insists that “The supporting documents will be freely interpreted by the police and this makes the sanctioning regime even more complex. “
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Can I be fined?
The regulations put it in the hands of the agents to decide which cases are justified and which are not. “What the policeman reflects in the complaint will be what is then taken into consideration to decide whether it is punishable,” explains Palomar and stresses that, in any case, the regulations are “very doubtful” from the sanctioning point of view.
“The sanctioning regime has not changed, only the factual assumptions”, details this jurist who considers that the sanctions that will fundamentally be interposed during this Christmas will be for breach of the limit of 10 people in meetings or for exceeding the curfew: “Yes, it is likely that if on Christmas Eve there are many at home beyond 1:30, you get a call. “
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