Post by account_disabled on Feb 20, 2024 18:41:04 GMT 10
The Superior Court of Justice of Madrid has just overturned the perimeter closure of several municipalities in the Community of Madrid, an anti-COVID-19 measure that was adopted last Friday. Specifically, what the Eighth Section of the Contentious-Administrative Chamber of the TSJM has just denied is the third article of the Order of the Ministry of Health of the Community of Madrid, which was published in the Official Gazette of the Community on Friday October 2nd. This article, specifically, details that "the entry and exit of people from the listed municipalities is restricted." The municipalities affected by the rule were Alcobendas, Alcorcón, Fuenlabrada, Getafe, Leganés, Madrid, Móstoles, Parla and Torrejón de Ardoz.
The perimeter closure of these municipalities came into effect on Friday, October 2 at 10:00 p.m. Read more: Guide to the new confinement in Madrid: these are the restrictions, limitations Middle East Phone Number List and exceptions in each case The Order of the Community of Madrid applied the resolution of the Ministry of Health published in the BOE in the middle of last week. The latter mandated mandatory compliance with what was decided by the Interterritorial Health Council that was held in the previous days, and which contemplated the perimeter closure of the municipalities with the following requirements: An incidence of 500 COVID-19 positives or more per 100,000 inhabitants in the last 14 days.
More than 10% positive results from diagnostic tests in the last 2 weeks. ICU occupancy by COVID-19 infected greater than 35%. In the TSJM resolution, the magistrates discuss whether a resolution of the Ministry of Health - which invokes a 2003 law - is sufficient to authorize "the restriction of fundamental rights and public freedoms." "The possibility has been accepted that the Organic Law allows the adoption of specific measures that limit the exercise of certain fundamental rights," the resolution adds, "without the need to resort to the constitutional exceptionality implied by the declaration of a state of alarm".