Yesterday the TSJC rejected two of the Canary Island Governments requests and endorsed one of them. In an 18 page document from yesterdays plenary session, they explains why they have denied the regional Executive's claim to maintain the curfew and the prohibitions to travel between islands, while it has ratified the measures to limit the number people in social and religious gatherings.
The TSJC has said no to giving the Government the ability to impose a curfew as there is not enough evidence to support that it has sufficient evidence proportionally against the fundamental rights for people’s freedom of movement, in the current situation of the pandemic, and that they “do not see any reason that can reasonably be defended that risky behaviours are even more dangerous if they are carried out at night or during the day.” They also said that, “the public authorities have other legal instruments of less harmful intervention,” such as restricting opening hours of businesses.
The Chamber also said no to perimeter closure in Levels 3 and 4, which hopefully none of the islands will return to anyway, which means that travel between islands in those alert levels will continue with proof of a negative Covid test.
However, the TJSC does support the limitation of groups sizes allowed to meet in public and private spaces whether indoors or outdoors as now, saying that there is enough evidence that this limitation (except for co-habitants), does have a positive effect in containing the spread of Covid-19, and does not go against people’s rights for freedom of movement.
So, what measures and restrictions are still in place? In short, all of them. The current alert levels are decreed by the Governing Council until May 11th (tomorrow), but the Government is now going to the Supreme Court to appeal this decision by the TJSC, which means that any change is frozen, and current alert Level restrictions remain in place until the final resolution by the Supreme Court, which they have to give within five days.
Many people are confused by which measures or restrictions are governed by the Central Government, the regional Government, and which can be implemented due to health reasons without backing from the courts by the Inter-territorial Health Committee.
Realistically the only measures that are in question are those affecting freedom of movement, the Government and Health Authorities still have the power to implement the others:
- Masks: National decision, still in place for health reasons.
- Social distancing: National decision, still in place for health reasons.
- Hand sanitizing: National decision, still in place for health reasons.
- Curfew: Only allowed under state of alarm, will end if not supported by Supreme Court.
- Limitations of group sizes: Regional decision, still in place after being supported by the TJSC.
- Capacities in hospitality venues: Regional decision, still in place, can be implemented by Health Authorities.
- Capacities in sports centres/gyms: Regional decision, still in place, can be implemented by Health Authorities.
- Capacities in places of worship: Regional decision, still in place after being supported by the TJSC.
- Capacities in shops/commercial centres: Regional decision, still in place, can be implemented by Health Authorities.
- Capacities in theatres, cinemas etc: Regional decision, still in place, can be implemented by Health Authorities.
- Closure of business sector, eg Nightlife: Regional decision, still in place, can be implemented by Health Authorities.
- Reduction of opening hours for businesses: Regional decision. A closing time can be implemented without a curfew, eg midnight.
- Inter-island travel in Levels 3 and 4: Still in place by regional alert Level, will end if not supported by Superior Court.
- Traffic light/alert level restrictions: Regional decision, still in place, can be implemented by Inter-territorial Health Committee.
As already stated, the Canary Islands Government is now appealing to the Supreme Court and is the first region to take this course of action. This means that for now, as long as the Supreme Court does not pronounce on its appeal, the restrictions approved on Friday remain in force.
During the appeal by the Canary Islands Government to the Superior Court regarding curfew, it is not clear whether fines can be processed or not for this one infraction. Subsequently you can still receive a fine, but it will either be processed or cancelled depending on the outcome of the appeal.
