The Superior Court of Justice of Navarra (TSJN) has authorized the extension of the curfew until September 2 that the Executive of María Chivite requested for the municipalities of the foral community that are at extreme risk for the weekends, holidays and dates of management holidays, days in which the Government indicates that there is greater social interaction that facilitates the spread of the virus. With this endorsement of the judges, Navarre localities with the accumulated incidence above 250 cases per 100,000 inhabitants in 14 days and 125 in the last 7 will have restricted night mobility during those holidays from 1:00 to 6:00 am.
GUIDE | What can be done in Navarra until August 26
In the order, the Contentious-Administrative Chamber of the TSJN once again maintains that the restriction of night mobility in the agreed terms is an “ideal”, “necessary” and “proportionate” measure to reduce the chain of infections. The magistrates justify their decision to extend the restriction by referring to the last epidemiological report that the Provincial Government sent to the Chamber in which Public Health indicated that, despite the fact that the accumulated incidence continues to decline slowly (349 cases per 100,000 inhabitants at 14 days and 144.96 at 7 days), the community remains in a situation of epidemic circulation of medium intensity and at very high or extreme risk in both parameters. The letter also highlights that the rate of positivity continues to be high, above the rates recommended by the WHO and, on the other hand, the delta variant, the majority in 97% of cases, is associated with greater contagiousness. In addition, the increasing age of those affected and not being vaccinated, gives rise to a greater proportion of people with more serious affectations who require admission to hospital and with a high probability of treatment in intensive care units, they point out from Health.
The magistrates also refer to the increase in hospital tension registered in recent days, especially in ICUs, where 27 people are currently admitted in critical condition with COVID-19.
However, the Chamber warns on this occasion that, in view of the evolution and improvement of not only epidemiological data, but also vaccination data, it will be necessary “a detailed and specific allegation and justification ad hoc more intense by the Administration of the proposed limiting measures of fundamental rights and that reaches not only the purely empirical epidemiological, health and statistical data but, above all and also, legal, establishing reasonable and specific arguments on the different less harmful alternatives to the fundamental rights for each specific measure and in specific relation to the affected population group ”.
In this sense, the Navarrese Superior concludes that, although at this moment, in view of the reasoning, it is appropriate to extend the measure, “as time passes and the parameters being considered improve, the health and legal justification that allow this Chamber to assess justified the restriction of fundamental rights in relation to the specific measure requested ”.
The Executive of María Chivite had sent to the judges of the TSJN the new regional order accompanied by the list with the municipalities with the highest number of infections per inhabitants so that they could authorize the application of this measure, since it affects fundamental rights and requires the endorsement of Justice.