The Superior Court of Justice of Catalonia (TSJC) has rejected this Thursday the request of the employers’ associations and entities that represent nightlife and the restoration of Catalonia to cancel the new restrictions decreed by the Generalitat, among which are the capacity limitation and the closure of musical recreational activities, according to the car to which ELPERIÓDICO has had access. This decision directly affects the celebrations planned for this New Year’s Eve, in which, initially, the curfew and the closure of nightclubs and bars will continue to be applied.
The court reiterates that “it will not ignore, before or now, the substantial relevance” of the international pandemic recognized by the World Health Organization on March 11, 2020, that “it is the one that should frame” its resolutions, while stressing once again that “the mandatory framework” for examining, at least, relative to “the values so dear to life, health and the defense of a health care system, whose limited resources must be adequately guaranteed. ” In this sense, the magistrates point out that the urgency alluded to by the nightlife sector in their petition to annul the restriction is “out of adjustment with the absolute and necessary weighting of the case from the inexcusable comprehensive orbit.”
The TSJC maintains that “the protection of public health” would be affected “immediately” by the suspension of the measure based only on the arguments made by one party, in this case nightlife, without knowing the allegations of the Generalitat Therefore, it excludes that the “urgent urgency” required to accept the precautionary measure can be appreciated. The court, however, agrees to process the aforementioned precautionary measure by its ordinary procedure, setting a maximum term until January 4, 2022, for the Catalan administration to justify the measures, coinciding with its extension and renewal.
From the employer association Fecalon and acting as legal spokesman, the lawyer Fernando Martínez, highlight “the serious and consolidated damages of the affected sectors” and announce “the serious problems of coexistence due to the celebrations of illegal parties and bottles, which will make the measures ineffective” of the Generalitat. At the same time, they state that the omicrom variant should be fought “like just another common disease, flu-like but that at no time does it justify the closure of business sectors such as nightlife”.
Irreparable damages
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The nightlife and restaurant businessmen wielded the alleged “lack of effectiveness of the measures and irreparable damage to these sectors, during days as important as the Christmas campaign”, stressing that “there are currently no outbreaks associated with these establishments leisure and catering “. They also defend that the sixth wave” slows its progress on the fourth day in a row and that there is no alarming situation in Catalan “hospitals.
The appeal was signed, among others, by the Federació Catalana de Locals d’Oci Nocturn (FECALON), the Associació de Sales de Concerts de Catalunya (ASACC), the Gremi d’Empresaris de Discoteques de Barcelona i Província, the Asociación de Española de Disc Jockeys y Productores (AEDYP), the Gremi de Restauració de Barcelona, the Federació Intercomarcal d’Hostaleria, Restauració i Turisme (FIHRT), the Gremi d’Hostaleria de Tarragona and the Gremi d’Hostaleria de Lleida.
Reference-www.elperiodico.com