The tip from Condition has advised the Government of the need to update and improve the health legislation that, among other things, serves the regional executives as a legal framework to take measures against the pandemic, when the state of alarm is not in force.
It is, in particular, the organic law of 1986 on Special Measures in Public Health Matters, whose content they understand that “could be in need of a legislative adaptation that provides greater detail and concreteness, in order to provide the competent health authorities the best possible legal framework to face present and future situations of serious risk to public health “.
This is shown by the main advisory body of the Government in an opinion sent to it on March 22 to advise it on the advisability of filing an appeal of unconstitutionality to the reform of the Galician health law recently promoted by the regional Executive of Alberto Núñez Feijóo – the Council of Ministers approved the filing of these appeals last week.
In its opinion, the Council of State understands that it is appropriate to take the aforementioned regional rule to the Constitutional Court, since it understands that, for example, it exceeds the limits in matters such as mandatory vaccination.
However, this body also takes the opportunity to point out the need to modernize this state health legislation since, as it recognizes, “it surely does not contain the adequate mechanisms to face a crisis of this magnitude.”