The Justice has endorsed the use of the COVID certificate in Catalonia and Navarra for access to certain spaces and events, and considers the measures provided and necessary to contain the spread of the coronavirus.
Other communities, such as the Balearic Islands and Galicia, already require the certificate, and in fact the Superior Court of Justice of the Balearic Islands (TSJIB) has authorized the Government this Thursday to maintain the requirement of ask for the certificate to enter discos and residences of elderly until December 8.
However, these favorable decisions contrast with the one adopted by the Basque Country, which did not authorize a similar measure.
The Valencian Community has also announced that it will request the Superior Court for authorization to apply it in catering and leisure venues with greater capacity.
Catalonia: restaurants, gyms and residences
The third section of the contentious administrative chamber of the High Catalan Court authorizes the Generalitat to impose the COVID passport to access bars and restaurants (except on terraces), in the visits to nursing homes, in gyms, congresses, conventions, trade shows, theaters, cinemas, auditoriums and commercial galleries, among others, as requested last Tuesday by the Catalan administration.
However, the court warns the Generalitat that if it wishes to expand it, it will have to argue it better.
The Prosecutor’s Office has opposed in a report the request of the Government, which This new measure is expected to take effect at midnight on Friday, once it is published in the Official Gazette of the Generalitat, with a validity of 14 days.
In Catalonia, the use of the COVID passport was already required since October 7 to enter indoor nightlife venues and since the beginning of November also for banquets, celebrations and events that are held in hotels and restaurants with the possibility of dancing.
The court estimates that the measure is “suitable” for fighting the spread of the virus “In an environment in which the jovial attitude, crowding of people, association with social interaction and difficulty of maintaining social distance with a mask can generate a greater risk of contagion due to the relaxation of some precautions”.
It also considers that the request of the Generalitat is “necessary”, given the incidence that still remains in Catalonia in the spread of the coronavirus and that scenes of “super spread” can occur.
Navarra: certificate for restaurants and nightlife
For its part, the Superior Court of Navarra has estimated the request of the provincial government and has authorized the requirement of the certificate to access restaurants with more than 60 diners and nightlife.
The measure includes establishments with a disco license or party rooms, and large cultural events in interior spaces with consumption of food or drink of more than 1,000 people, as reported by the TSJN in a note.
In the order, the Contentious-Administrative Chamber of the TSJN maintains that, in view of the jurisprudence of the Supreme Court and the reports provided by the Navarrese Executive, the measures agreed in the Foral Order are “suitable, necessary and proportionate”.
In this regard, the magistrates assure that the covid certificate “it is one more tool “to prevent transmission and also” with less impact on fundamental rights. ”
The Court adds that its objective is, always together with the maintenance of preventive measures such as the proper use of a mask and ventilation, to contribute to reducing the probability of contagion in those spaces with the highest risk, and indirectly stimulate vaccination.