The Superior Court of Xustiza de Galicia (TSXG) decreed that the duty to present a COVID-19 certificate to access the interior of hotel establishments and nightlife venues lacks validity because it was not judicially authorized. The magistrates explain in two cars notified this Thursday that the Xunta only sent the TSXG to submit the authorization to the order of July 21, which established prevention measures against the virus, among the are limitations in the meetings, but not the order of July 22, which contained the requirement to present the COVID-19 certificate in hotel and restaurant establishments.
“This anomalous procedure on the part of the Xunta induced confusion”, indicate the magistrates, who explain that in the resolution issued last week in which they denied the very precautionary measure requested by the Lugo Monumental Business Association for it to be suspended, without listening the reasons of the Xunta, the duty to present the certificate “no mention was made of the reasons that are set forth in these files, since it was assumed that the measures whose suspension was urged had been submitted to the prior authorization of the TSXG”.
In that order, dated August 6, the judges did not endorse the requirement imposed by the Galician Government, but rather, given that the processing of the very precautionary measures It supposes that the appeal is not transferred to the Xunta, the court agreed, with the aim “not to rob the administration of the possibility of making arguments”, that the processing of the procedure be continued as a common piece of precautionary measures. In other words, once the Galician Government had the possibility to justify the adoption of the measure against the appeal filed by the hoteliers, the TSXG would make a decision on its origin.
In the two cars notified this Thursday, in which the third section of the Contentious-Administrative Chamber suspends the requirement to present the COVID-19 certificate, denies the very precautionary measures to cancel that duty requested by the Liberum Association and by owners of hotel, restaurant and nightlife establishments in Santiago de Compostela, since the measure they are urging to suspend is no longer valid in Galicia as it has not been authorized by the TSXG. There is no recourse against the cars.
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