The TSJM removes mobility measures in the Community of Madrid

In an order, the Superior Court of Justice of Madrid indicates that the measures affect fundamental rights

El Superior Court of Justice of Madrid (TSJM) announced this Thursday its decision to  not endorse the closure of the capital and nine other municipalities, as imposed by the Ministry of Health to the Community last week after approving these restrictions in the Interterritorial Health Council.

Thus, the rule that also limited the hours and capacity of the premises and the Madrid residents are plunged into a legal uncertainty that both the Minister of Health, Salvador Illa, and his Madrid counterpart, Enrique Ruiz Escudero, intend to clarify this afternoon in a new meeting of the Covid group.

The president of the Community of Madrid asks Madrilenians not to leave this bridge

At a press conference, Isabel Díaz Ayuso, the president of the Community of Madrid has announced that she is going to withdraw the precautionary measures in the national audience to seek a dialogue with the government and send clear and unified measures to the citizens.

He has also announced that between this afternoon and tomorrow they will announce some fair measures and compressible for all citizens

As well has asked the Madrilenians which don't leave this bridge due to the complicated health situation in the community.

The suspension leaves the restrictions in the health zones in effect

With this decision, what remains are the limitations in the 45 basic health areas and the sanitary measures established prior to the measures taken by the Ministry of Health last Friday

What is maintained are the sanitary control measures such as the use of masks, capacity restrictions, meetings of a maximum of 6 people, etc.

Athletes who live outside of these health areas may go out to train

After this decision, the mobility restriction for citizens, the 45 health zones are maintained, where they previously had the restrictions, but the rest of the zones and towns with more than 100.000 inhabitants will be able to leave.

In any case, we will have to wait for the meeting this afternoon of Minister Illa with the Covi d group to see what measures are taken.

The measures affect fundamental rights

The restrictive measures of fundamental rights included in the order "constitute  an interference by public powers in the fundamental rights "of citizens" without legal authorization that it protects it, that is to say, not authorized by its representatives in the General Courts, so it cannot be ratified.

The TSJM considers that the Law of cohesion and quality of the National Health System, and specifically its article 65, "does not contain a legal authorization" for these "limiting" restrictions.

"The  fundamental rights that the Constitution attributes to citizens cannot be affected by any state interference  not authorized by their representatives through a provision with the rank of law, which meets the minimum sufficient conditions required by the requirements of legal security and certainty of the law, "he says.

The Administrative Litigation Chamber of the TSJM claims to be "aware of the seriousness of the unprecedented health crisis and of the need to adopt" immediate and effective measures "and adds that for this the  constitutional system "articulates legal instruments of diverse nature" to "delimit, modulate, restrict and even suspend fundamental rights  of the people, respectful with the constitutional guarantees ”.

Minister Illa has called an emergency meeting

The Government has not taken ten minutes to respond to the decision of the Superior Court of Justice of Madrid (TSJM) to reject the closure of ten municipalities in the Community of Madrid, including the capital, to contain the second wave of the Covid pandemic -19.

The Minister of Health, Salvador Illa, has announced that he will convene this afternoon a meeting of the Covid group that he shares with the regional administration to assess new measures after the judicial blow.

For now, the Municipal Police controls have been withdrawn, although those of the National Police remain in force, although they will be informative as before.

Fuente: 20 minutos

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