The Superior Court of Justice of Catalonia has admitted an appeal of the Association of the Civil Guard, Civil Justice (Jucil) and Police Justice (Jupol) and has considered “null and void” the “inactivity” of the Generalitat at the time of vaccinating guards and guards against covid at the beginning of the year. police officers in Catalonia for being discriminatory and contrary to article 14 of the Constitution. The magistrates conclude in the sentence, which the newspaper has advanced The world, that the Department of Health discriminated against the members of these two bodies by vaccinating only those who were in reserve or active and aged between 60 and 65 years, in contrast to other public servants such as the Mossos d’Esquadra, local police or fire department. The Generalitat denied any desire to discriminate and demanded that the procedure be abandoned as 81% of the police and civil guards were already vaccinated.
In its judgment, the Third Section of the Contentious Administrative Chamber of the TSJC states that the mossos, firefighters or local policemen began to receive the first vaccines against the coronavirus in Catalonia on February 10, while those of the police and the civil guards did not arrive until a month later, except, they say, “four isolated from 8 to 11”. “In other words, a month apart, and at a rate that is also extremely slow,” argue the magistrates. “It goes without saying the fundamental nature, really survival, of the speed of vaccination for personnel constantly exposed to close contact with the citizen.”
The Two police entities filed the appeal on April 12 and two weeks later, on April 27, the TSJC ordered the adoption of precautionary measures. The magistrates attribute to this measure from that date the very rapid and high increase in the number of vaccinated by the Civil Guard and the National Police. The Vaccination Strategy against covid-19, updated on February 9, did not distinguish between public servants. The sentence is based on a report from the Department of Health of April 25 that assesses the period between March 24 and April 22. “The figures could not be more disparate if we look at the contrast in the origin of the bodies. While non-nationals move in a range from 66.9% to 79.1%, nationals had a percentage of 3.6% and 2.8% on March 24 and 9.9% and 6.3 % ”, Says the text. “Therefore, in view of the result, it is clear that the vaccination was not only not carried out in the same way, but there were notable differences in it.”
The magistrates reach the conclusion that the Generalitat did not put “the same will and the same effort” in the health protection of the national bodies and adduces the delay in responding to a request from the Government Delegation to address the case. At the same time, the ruling indicates that between February 10 and April 27, 2021, 714 guards and police officers were vaccinated. And, on the other hand, in nine days since the application of the precautionary measure, 4,806 people were vaccinated. “What is striking is that this maximum percentage was already reached, or close to being reached, on March 24, 2021 with respect to all autonomous and local bodies, and in that case without the need for any judicial coercion,” they conclude.
“All the foregoing leads us to the conclusion that, indeed, the defendant Administration incurred inactivity, with respect to the Civil Guard and National Police bodies, and gave rise to an unjustified and discriminatory difference in treatment with respect to the police forces and regional and local emergency departments, to which vaccines were supplied more quickly and efficiently ”, concludes the sentence. The Generalitat, for its part, denies any discrimination and blames an error on its website that excluded the police as essential personnel to be vaccinated on a preferential basis and also attributes the delay to the problems that initially occurred with the AstraZeneca vaccine.