The Basque Government has finally filed an appeal with the Supreme Court against the order of the Superior of Justice of the Basque Country that denied the implementation in the autonomous community of the covid passport to carry out certain activities.
At first, the Executive of Vitoria decided not to present this appeal in order not to prosecute this matter, as it has done in previous resolutions of the Superior Court of Justice (TSJPV) contrary to its proposals.
However, the legal services of the Basque Government have registered this Wednesday a resource in which they ask for the validation of the covid passport to access certain places and nightlife establishments and restaurants with more than 50 diners, as a way that “tries to stop the current rebound in the pandemic. “
Iñigo Urkullu’s cabinet defends the proportionality of this measure since any restriction of rights must be “necessary and adequate to protect a higher right such as the right to life and the protection of health.”
In the writ of cassation it defends the proportionality of establishing the covid passport and, against the position of the TSJPV that this would affect the rights to equality, privacy, assembly, freedom of movement and freedom of expression and artistic creation, maintains that these rights do not require for their development that their exercise be carried out in the places where the requirement of the covid certificate would be imposed.
It also refutes another argument of the Basque Superior that the high vaccination rate in Euskadi works against the implementation of the covid certificate since it considers that this judicial interpretation, based on the interest of protecting the right to privacy of the unvaccinated population, a 10 %, “violates the right to protection of health and life of 90% vaccinated.”
Regarding the non-requirement of the certificate for children under 12 years of age, the Basque Government recalls in its appeal that it is not possible to request the presentation of said document to those who are not allowed by law to be vaccinated.
APPLICABLE IN ALL MUNICIPALITIES EXCEEDING 150 CASES PER 100,000 INHABITANTS
It once again defends the general nature of application throughout the autonomous community when the Basque Country exceeds 150 cases per 100,000 inhabitants of accumulated incidence, given its small surface area, the high degree of interaction of its inhabitants and good communications throughout the territory.
All this means that the “wide mobility” of the population is not limited to their place of residence, “especially with regard to the activities subject to authorization.”
In this sense, the appeal makes mention of the cases of Catalonia and Murcia, where their respective superior courts endorsed the requirement of a covid passport for a specific sector and throughout the community.
He argues that the order of the Department of Health submitted to the TSJPV for consultation “did impose a level of application of the measure”, such as the aforementioned incidence rate, a criterion that, in his opinion, “nullifies the indiscrimination alleged” by the Superior Basque.
After the announcement on Tuesday that the Basque Government was not going to appeal to the Supreme Court the decision of the Superior of Justice, the PSE-EE, partner of the PNV in the Executive, has expressed itself in favor of the car being appealed, something that has finally done to “exhaust the possibilities” of implementing this measure that would help to stop a “new wave” of the covid and “to encourage, even more if possible, vaccination.”
The Minister of Justice, Pilar Llop, denied yesterday that there was a “mess” with the implementation of the covid passport in the autonomous communities, since it is the Supreme Court that establishes doctrine on this issue when certain decisions of the autonomous courts are appealed.
“I do not think it is a mess. What was agreed, and it is in the legal provisions, is that it is the Supreme Court that has doctrine on these issues when they are appealed,” he said.