The Superior Court of Justice of the Canary Islands has decided not to ratify the latest order of the Minister of Health of the Government of the Canary Islands by which the measures against Covid in force in the archipelago were updated again, in relation to capacity and closing times.
The resolution was signed on February 4, ending the mandatory Covid certificate, recovering the voluntary certificate and extending the permitted hours, and was sent to the TSCJ to request judicial endorsement. However, the Court concludes that it cannot authorize an extension of a measure that had already expired the previous day, much less endorse its retroactive nature from March 4, as requested by the regional Executive.
With the voluntary Covid certificate that the Government intended to re-implement, premises and establishments subject to restrictions were authorized to extend their hours and capacity if they decided to continue requesting it from their clients and employees.
Regarding the deadlines, the TSJC acknowledges that the legal services of the Canary Islands Government requested the request for judicial ratification on February 7, two days before the previous one expired. However, it recalls that the Court has three days to resolve, which is what it has taken to do so, therefore outside the period of validity of the previous order.
In addition, the Court considers that what the Ministry of Health was actually asking for was not the ratification of the order of November 29 on the voluntary covid certificate, "but that the measures adopted in the latter also apply" to other establishments that were excluded from its scope of application when the Ministry of Health, on February 4, repealed the obligation to require the passport.
