The Catalan prosecutor opposes the curfew and the restriction of meetings

The Prosecutor’s office Superior de Catalunya has been shown contrary to the curfew and the restrictions on family gatherings proposed by the Generalitat. In the writ sent to the Superior Court of Justice of Catalonia (TSJC), which must decide whether or not to endorse these measures proposed by the Generalitat, the public prosecutor considers that they are measures that are not duly justified and the arguments to limit fundamental rights are “sufficient” for us. “The report concludes that” they are measures severe, extensive, very restrictive, intense and generalized that have not been duly motivated, nor are they suitable, nor necessary for the intended purposes “, concludes his report.

The opinion indicates that, according to legal doctrine, “it is not enough to justify an incidence data, mere considerations of prudence, protection (such as the increase in the number of people who want to be vaccinated, the health collapse …)” rather, the measures must be “essential” due to the epidemiological situation and “it has not been demonstrated that the implementation of these measures meets these conditions.”

The “incongruity”

The report recalls that last Monday when it announced the new restrictions, the ‘Minister’ of Health, Josep Maria Argimon, Although it did not specify the size of the localities that would be affected, it did say “expressly” that the towns and cities that should apply the curfew were those that exceeded 500 cases per 100,000 inhabitants. However, the final proposal of the Generalitat sent to the TSJC is for municipalities that exceed 250 cases.

The prosecution emphasizes that there are cities with more than 10,000 inhabitants, such as Barcelona and Hospitalet de Llobregat, whose cumulative incidence does not reach 500 cases. “That means that the health forecasts and recommendations were not to apply the curfew on Monday, but today it is, because the alleged reports recommend it,” he says. In his opinion, this aspect is “an incongruity and is a sign of” lack of motivation.

In the hands of the TSJC

The pronouncement of the prosecutor may be decisive in the face of the pronouncement that the TSJC will issue this Thursday on the Generalitat’s property to apply the curfew in municipalities with more than 10,000 inhabitants whose incidence of covid is above 250 cases per 100,000 inhabitants, as well as the prohibition of meetings of more than 10 people . The high court will only study these two measures when affecting fundamental rights. The resolution would have a force, in principle, 15 days, but the Government does not rule out that it will take longer.

The curfew from 1 to 6 in the morning will affect, in the event that the Catalan high court gives its approval, 116 towns in Catalonia, to which will be added another nine ‘island municipalities’, nuclei that surround populations with high incidence to avoid the spread of the virus. In other words, it will be applied in 125 Catalan municipalities.

The Catalan Executive also approved other restrictions, such as the closure of nightlife, the limitation of capacity in bars and restaurants to 50% in the interior (the terraces will continue to 100%) and the reduction of capacity to 70% in the trade , federated sports, gyms and culture. These measures do not need judicial endorsement. However, some of them will reach the hands of the judges if the nightlife entrepreneurs file a class action lawsuit, as announced on Tuesday.

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High transmission of the variant

The worrying epidemiological situation justifies these measures. The pandemic, due to the omicron variant, continues to advance without brake. The ‘councilor’ of Salut, Josep Maria Argimon, has warned of the high transmission of the omicron variant, which is apparently lighter than the delta. “It is very easy to saturate our health services. And we have to preserve this as well.” In addition, he called on all people vaccinated with AstraZeneca to get the third dose.

Reference-www.elperiodico.com

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