The perimeter closure of the Canary Islands is without effect pending a ruling from the Constitutional Court

The Canary Islands Government has decided to suspend the entire decree, after the Justice system provisionally halted several articles for invading State powers.

December 22 2020 (20:05 WET)
Updated in December 22 2020 (21:09 WET)
Lanzarote Airport Flight Information Display
Lanzarote Airport Flight Information Display

The Official Gazette of the Canary Islands (BOC) publishes this Tuesday a new decree of the Canary Islands Government establishing a suspensive and transitional regime for the perimeter closure of the Autonomous Community, which had been approved on December 9.

This decision is made after the Constitutional Court provisionally suspended several precepts of that decree signed by the President of the Canary Islands, which established the health control systems for the entry of travelers from third countries, authorizing the use of antigen tests, against the order established throughout the State, which only considers PCR tests valid to control entries from abroad.

Given that this suspension ordered by the Constitutional Court only affected some articles and "to avoid distortions", the Executive has issued this new decree to also suspend the remaining provisions in force and application, since maintaining only some left "distorted the result of the rule".

As a result, the provisions referring to the controls specified by the autonomous decree for passengers from other countries will not be applicable.

The new decree explains that, "without prejudice to the actions that the Autonomous Community must take before the Court to defend its powers, it is necessary to issue this new decree that guarantees that the applicable rules and acts are consistent with the pursued purposes of health prevention and consistency with the rest of the current regulations, at least during the suspension period dictated by the Constitutional Court and until new acts or regulations are issued to replace them".

From the regional government they emphasize that this decree does not affect previous autonomous resolutions and decrees in which health control systems and rules for the containment of the pandemic are established. Therefore, for example, decree law 17/2020, of October 29, on extraordinary measures in tourism matters to face the effects of the crisis, which established the conditions of access for tourists to regulated accommodation establishments, remains in force. Among these conditions was the presentation at check-in of a certificate of a diagnostic test of active infection with a negative result.

They also state that "decree 91/2020 of December 16" remains "in full force", with new measures of an extraordinary nature during the preparation and Christmas holidays on the island of Tenerife, and where the entry and exit of the island, the number of non-cohabiting people in public and closed spaces, or the freedom of movement at night (between 10:00 p.m. and 6:00 a.m.), among other measures, are limited.

The one that is not expressly referred to in its statement is the one approved last week, which obliges travelers from the Peninsula, including residents who are outside the Canary Islands, to take a test to enter the archipelago.

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