Legalidad Toque De Queda Valenciangocthanh
This is the difference with the other measures agreed yesterday, such as the closure of nightlife or the reduction of schedules and capacities that do not conflict with these rights. In the case of curfews and social gatherings, as they violate these fundamental rights, they also require a prior report from the prosecutor`s office, which usually lasts 24 hours from the filing of the application. The answer was given by the Supreme Court last July. The Supreme Court then gave the green light to regional governments to impose curfews themselves. But yes, with many restrictions, always in a “proportionate” and argued ad nauseam way a restriction of freedoms of this caliber. And in any case, only in situations of extreme distress, such as stopping an uncontrolled emergence of the virus at certain times and in certain areas, or reducing the pressure on the health system, which is on the verge of collapse. The restrictions in force in the Valencian Community currently include the curfew between 1 and 6 a.m. in 77 municipalities and the restriction to a maximum of 10 people who can gather in apartments and spaces for private and public use, indoors and outdoors. Thus, Puig highlighted the positive image of Spain, pointing out that there had been no “riots” (in particular, he used the word Aldarulls in Valencian) as “in other places”. “Organised civil society is able to understand the moments we are experiencing,” the president said. Apart from this ruling, the Supreme Court has already lifted the curfew in the Balearic Islands in June, before the fifth wave, in order to understand that the 1986 Organic Law on Specific Measures in the Field of Public Health, the regulation invoked by all the autonomies that imposed restrictions after the end of the alert, Yes, it would allow certain restrictions on fundamental rights, but never massively and without discrimination, as were the measures imposed by Francina Armengol`s executive on the 1.1 million Balearic Islands.
However, the Generalitat will meet this week at the Interministerial Table on the Management and Prevention of Covid-19 to analyze the evolution of the pandemic and decide whether or not to extend the restrictions. The executive branch is inclined to extend some of the measures, although the extension of the curfew and the restriction on gatherings require the approval of the Supreme Court of the Valencian Community. A Mosso works on a control during curfew in Barcelona. / Archives So, is it legal for curfews to exist? In principle, no, unless confirmed by the High Court of Justice. For example, the Supreme Court has ruled on this fact, leaving the door open to its implementation “if there is proportionality”. However, although the Supreme Court did not initiate this appeal, it used this resolution to justify its position and defend that it considered the curfews that other autonomous communities had already authorized at the time to stop the fifth wave to be legal. Specifically, the Supreme Court decision referred to restrictions on night walks approved in the Valencian Community, Catalonia and Cantabria. These other regional administrations – according to the resolution – “based their demand for ratification of the measures on the data of the high incidence of the number of infected people and their pressure on the health system, which is lacking in the Canary Islands in this case”. One of the points against which the Valencian executive wants to fight is the bottle. For this reason, the Consell asked the police for “maximum vigilance” and control in the rooms where young people usually gather to drink. In addition, the provisions on penalties have been amended and the practice of the bottle has become a serious offence, while the deadline for the sale of alcohol has been brought forward from 22:00 to 20:00. Thus, the curfew will be maintained between one o`clock in the morning and six o`clock in the morning until 26 July in the towns of Almàssera, Buñol, Puig, Tavernes Blanques, Vilamarxant, Benicasim Alboraya, Benaguasil, Benetússer, Benifaió, l`Eliana, Meliana, Moncada, Picanya, Picassent, Puçol, Requena, Riba-roja de Túria, Sedaví, Silla, Utiel, San Vicente del Raspeig, Alaquàs, Aldaia, Burjassot, Catarroja, Quart de Poblet, Xirivella, Gandia, Mislata, Paterna and Valencia.
In the decision of the Canary Island judges, which threatens with additional legal guilt with unpredictable consequences, the action of the executive of Ángel Víctor Torres is rejected, as it is considered exaggerated as a blind restriction of the right to freedom of movement. And all this, despite the fact that this request was very similar to that made by the government of Ximo Puig to introduce curfews between 1 and 6 am only in the municipalities with the highest impact, and which was accepted by the Valencian judges to consider them as “balanced”, respecting the “constitutional judgment of proportionality”. As confirmed by presidential sources, the Supreme Court of Valencia must analyze the petition and decide on its legality. The Generalitat Valenciana has decreed a curfew in the 32 municipalities with the highest risk of spreading the coronavirus. The measure entered into force on 12 July with its publication in the Official Journal of the Valencian Community for a period of fourteen days. Specifically, it justifies prison sentences and argues that they are proportionate, mainly through the Health Emergencies Act 1986. In this way, mobility is limited to several places between 1:00 and 6:00 in the morning. The Catalan government decided on Monday night to cross the Rubicon and become the first regional executive to commit to this sixth wave to apply restrictions on fundamental rights to combat the new attack of the virus. The Generalitat announced that it would ask the Supreme Court of Catalonia (TSJC) for authorization to apply the curfew from next Thursday between 1 and 6 am.
But does Father Aragonès` executive power have the power to impose a decree on fundamental freedoms of this magnitude? And can you do it without the screen of an alarm state? After that, the judges will meet to discuss this report and the request of the Ministry of Health. It collects indicators that indicate which municipalities (about 40, Puig said) could be affected by the curfew, while the restriction of social gatherings would apply to the entire Valencian community. The Valencian territory has moved from alert level 4 to alert level 2. “All indicators are clearly down,” said the president of the Generalitat Valenciana, Ximo Puig, who thanked for the “courtesy, conviction and solidarity” that made it possible to lift the restrictions. The curfew on Valencian territory is over. The Interministerial Commission for the Prevention and Action against COVID-19 agreed on Monday, after the celebration of the Fallas, to lift the restrictions in place since August 17. Good epidemiological data, the decrease in incidence and the promotion of vaccination have led to a gradual reopening as part of a cautious de-escalation, as announced by the Minister of Health Ana Barceló during an appearance at the Permanent Mission of the Corts Valencians. However, the Supreme Court has announced that it would be prepared to bless certain restrictions on fundamental rights if they are not imposed massively and without discrimination on the entire community. And now here is the controversy between the Valencian judges, who believe that a curfew in 32 municipalities is not indiscriminate, and the Canary Islands, who believe that the restriction of night mobility, even if only on the islands with the greatest impact. Les municipalités où il y aura un couvre-feu, comme demandé par la Generalitat, sont dans la province d`Alicante: San Vicente del Raspeig; dans la province of Castellón: Benicã ssim; et dans la province de Valence: Alaquãès, Alboraia, Aldaia, Almssera, Benaguasil, Benetússer, Benifaió, Buñol, Burjassot, Catarroja, El Puig, Gandãa, LâEliana, Meliana, Mislata, Moncada, Paterna, Picanya, Picassent, PuÇol, Quart de Poblet, Requena, Riba-roja de Turia, Sedavã, Silla, Tavernes Blanques, Utiel, Valencia, Vilamarxant et Xirivella.