The Supreme Court dismisses the appeal of the Canary Islands Government on Covid-19 restrictions

Confirms the decision of the Superior Court of Justice of the Canary Islands and rejects establishing the perimeter closure of the islands that are in alert levels 3 and 4

May 21 2021 (12:36 WEST)
Updated in May 21 2021 (14:47 WEST)
Supreme Court
Supreme Court

The Fourth Section of the Third Chamber of the Supreme Court has dismissed the appeal filed by the Government of the Canary Islands against the order of the Superior Court of Justice of the Canary Islands that denied part of the restrictive measures on fundamental rights that the regional Executive had requested when the state of alarm expired.

Of the two measures that were denied, the appeal finally tried to maintain only the perimeter closure of the islands that are at alert levels 3 and 4, but the Supreme Court has also rejected it. Regarding the curfew, which was also overturned by the TSJC, the Canarian Government finally did not appeal.

The resolution of the Supreme Court has not yet been put in writing, but the Chamber has advanced its decision due to the relevance of the matter and what it may influence in other autonomous communities, which are now having to go to Justice to endorse restrictions on fundamental rights that previously had coverage in the state of alarm.

In the case of the Canary Islands, the Supreme Court concludes that the decision of the TSJC "is not contradictory" with that of other territorial Chambers, "because it does not appear that the circumstances contemplated by them are the same as those of the Canary Islands." In addition, it adds that the Superior Court of Justice reasonably verified the insufficiency of the motivation offered to justify the limitation and the inconsistency of the measure with the exceptions provided.

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