The Superior Court of Xustiza de Galicia (TSXG) has denied the request of the Xunta to demand the presentation of a COVID certificate to enter the hospitality industry. The Galician Justice refuses to give its authorization for this measure, which the Galician Government applied without the endorsement of the judges for almost three weeks. At the moment, only the operative part of the resolution, notified this Saturday morning, has been released. The full content will be known in the coming days.
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The judges thus curb the intentions of the Xunta, which has already announced that it is going to take a step back in the reopening of the hotel and catering establishments and will reduce the capacity from Tuesday. It is the first judicial setback for the Galician Government in its measures to try to contain the pandemic, which until now had achieved the support of Justice.
The Xunta did not send the TSXG for authorization the order of July 22 in which it introduced the obligation to present a COVID certificate – complete vaccination schedule, proof of having passed the infection or negative diagnostic test – to access the hospitality industry in certain cases. The requirement was applied until last Thursday to enter the closed areas of bars and restaurants in municipalities at a high and maximum alert level and for nightlife of those who are at a medium-low and medium level -in the rest the discos and pubs can’t open-. The presentation of an appeal by hotel businessmen made the TSXG realize that it had not given its endorsement and issued two orders in which it made it clear that the measure was not in force because it did not have judicial authorization. That same day the bars stopped asking for the COVID passport.
The Galician Government argued that it considered that the decision was covered by the Galician health law. Despite the fact that the documents indicated that the authorization of the judges is “mandatory” because the obligation to present these documents affected fundamental rights, the Galician president, Alberto Núñez Feijóo, insisted on his position on Friday. However, the Xunta presented that same day the documentation to the TSXG to request its endorsement.