The Superior Court of Justice of Aragon has rejected the curfew requested by the Government of Aragon in Huesca, Jaca, Barbastro and Monzón. The autonomic executive will present before the Supreme Court the pertinent appeal of cassation before the denial of today of the TSJA of the judicial authorization of the curfew.
The TSJA has argued its refusal by alleging that “in the meantime the Constitutional Court does not resolve the issue of unconstitutionality 6283/2021, admitted by order of February 16, 2021” as they already expressed in the order issued last Friday, July 23 referred to this same procedure.
The Government of Aragon maintains that it “respects the judicial decision”, although it considers it “inappropriate” in the fight against the pandemic at this time, reiterating that any other measure could be less effective and much more damaging to economic activity.
The Department of Health insists that the limitation of mobility at night in the affected Alto Aragonese municipalities is a necessary and proportionate measure in the current context and that the same account, in addition, with the support of the respective municipal authorities, first interested parties in the protection of the health of the neighbors and of all the Aragonese, and of the Ministry of Health.
On this occasion there is a particular vote in which one of the three magistrates understands that the Court did have to decide and authorize the requested measure, in view of the allegations and the complete epidemiological report presented, as well as also taking into account the favorable report of the prosecution.
Faced with this situation, the mayors have been asked to call for the individual and collective responsibility of the residents and the request has been reiterated to the Government Delegation for extreme vigilance by the security forces and bodies to the fulfillment of the norms dictated by the sanitary authority.
The Government of Aragon highlights in a statement that, “as pointed out by expert sources, and confirmed by scientific research, each day that is lost in the adoption of measures has a negative impact in terms of infections and hospitalizations.”
After the order issued by the Administrative Litigation Chamber, made public last Friday, the Autonomous Executive returned to present a new letter requesting the authorization of mobility restrictions in the aforementioned four Huesca municipalities.
After studying the proposal made by the Autonomous Administration, the magistrates of the Chamber have concluded that the doubts that the chamber had about article 10.8 of the Law of Contentious-Administrative Jurisdiction continue to be maintained and “at the same time it prevents us from adopting any precautionary measure” when be aware of what the Constitutional Court decides on the issue of unconstitutionality raised at the time.
Ultimately, it has concluded, “Article 38.3 of the LOTC prevents us now, as it does in the procedure in which we raised the same question, from deciding on the requested authorization.”