The Superior Court of Justice of the Canary Islands has responded to the request for clarification of the judgment raised by the Government of the Canary Islands and has made it clear that as long as the Supreme Court does not say otherwise, the curfew or the perimeter closure of any island of the archipelago cannot be applied.
The TSJC thus overturns the interpretation made by the regional Executive, which considered that since the ruling issued this Sunday was not final, it was not yet applicable and the measures could remain in force while the appeal that they have announced they will file to the Supreme Court is resolved.
"A measure not judicially ratified is not effective and cannot be applied until it obtains, in one or another jurisdictional instance, that express ratification," the Canary Court has responded.
In fact, it has even refused to clarify its order, because it understands that what they were asking to be specified was already implicit in its resolution. In this regard, the Chamber points out that this judgment is not comparable to the one issued in response to the appeal of a third party against a certain act. In this case, it was the administration that submitted "to the need for judicial ratification" its decision to maintain certain restrictions after the end of the state of alarm, given that they affect fundamental rights. And that is why it emphasizes that "the lack of judicial ratification prevents it from becoming fully effective."
After learning of the TSJC ruling this Sunday, the Government defended that the measures remained in force, although this Monday it requested a clarification of the judgment in view of the doubts raised. Now, the Court's response makes it clear that the curfew has already expired in the archipelago, and that perimeter closures of any island cannot be ordered either if the incidence rises to alert levels 3 or 4.
The only possibility of recovering these measures will now be in the hands of the Supreme Court, which will have five days to resolve. However, the term will begin to count from the day on which the Canary Government presents the appeal that it announced on Sunday, but which had not been formalized until noon this Monday.
