The contentious-administrative chamber of the Superior Court of Justice of Navarra has rejected the entry into force of a curfew from this Wednesday in the foral community, as the Government of María Chivite had proposed. The court, which on other occasions had endorsed the restriction of fundamental rights regardless of the state of alarm, already overthrew a similar measure in May, considering it disproportionate.
COVID-19 has skyrocketed in Navarra in recent weeks due to the appearance of several outbreaks related, to a large extent, to the younger population. This is the case of students who were infected during the study trip in Salou, which exceeded a thousand infections, or the San Fermín festivities in Lesaka, where a rate of 2,200 cases per 100,000 inhabitants has been detected and they were detected 265 positives in the screening carried out in the health area. That is why last Friday the Minister of Health of the Government of Navarra, Santos Induráin, announced the intention of the Executive to recover the limitation of mobility during the night. The now unauthorized measure was going to affect only those municipalities that concentrate a high rate of contagion, higher than 250 cases per 100,000 inhabitants in the last 14 days and more than 125 in the last 7, according to Induráin.
Although the TSJN defended the “effectiveness” of the curfew in its day, it has not finally accepted it as good. And all despite the fact that, after the May setback, instead of applying a general curfew, for the entire provincial community, it will be limited only in the areas that require it due to their epidemiological situation. “Reports on public health, epidemiological evolution, and the hospital care situation are always provided to the TSJN. The measures are proportionate and necessary with the current situation. We consider that they are the minimum essential measures to contain this exponential progression that is taking place. the virus and trying to have the least impact on the economic level, the social level and the social level of citizens, “Induraín indicated.
“The constitutional and legal authorization is correct and corresponds to the competent health authority (CCAA), out of the state of alarm, the adoption of concrete measures, whatever they may be and whether they are individual and / or collective, always subject to judicial control of the TSJs (ex article 10.8 of the LJCA) to assess their suitability, necessity and proportionality. The measures enabled are any that meet those parameters of judicial control because we are facing a question of competence and not the degree of intensity of the restrictive measures ” The TSJN in May, at the end of the state of alarm, when it dismissed an order from Induráin that included a curfew, which had aroused undisguised optimism in the Navarre Administration.