The TSJPV does not authorize the introduction of the covid-19 passport in the CAV

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Therefore, it will not be mandatory to show the covid passport in restaurants with capacity for more than 50 people or in discos, dance halls, party rooms with shows, music bars and karaoke bars.

The Superior Court of Justice of the Basque Country has rejected the requirement of the covid passport in restaurants and certain nightlife activities, a measure for which the Basque Government requested judicial authorization.

The decision of the TSJPV has the guarantee of the magistrates and the private vote of its president, Luis Garrido, which disagrees with the majority opinion, considering that the implementation of the ‘covid passport’ had to be allowed. Resolution can resort to before the Supreme Court in a within three days since your notification.

The intention of the Basque Government was to implement the mandatory covid passport in restaurants with capacity for more than 50 diners and also in discos, dance halls, party rooms with shows, music bars and karaoke bars, as well as in the pubs and special bars provided that in your municipality there are more than 150 cases per 100,000 inhabitants in 14 days.

The Basque Prosecutor’s Office was in favor of authorizing his demand, but his opinion was not binding. Now the court the request has been denied of the Executive of Iñigo Urkullu, despite the fact that It is already in force in the Balearic Islands, Catalonia and Galicia, and many other autonomous communities also claim it.

The order gives several arguments to deny the passport, among them the restriction of fundamental rights that would entail, such as the right to assembly or the right to freedom of movement or the high percentage of the number of vaccinated.

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The order indicates that the Basque Government gives some numbers of contagions without specifying by municipalities. By not justifying that the figures are the same throughout the Basque Autonomous Community, “it is not justified either that the same measure should be applied uniformly throughout the BAC.”

Also remember that hospital pressure is not high and, above all, that the percentage of vaccinated exceeds 90%. Likewise, the order emphasizes that the passport was not going to be required from the owners and employees of the establishments, but from their clients, and adds

To this is added the situation of the under 12 years, which the Basque Government recognizes as the main contagion factor and they are not vaccinated, but “even so, their access is allowed to the premises where the risk of contagion is focused.”

Regarding the fact that there have been sentences, the Basque Superior insists that measures similar to those that have been requested “have not been authorized by the courts because they indiscriminately affect the entire Basque Autonomous Community.”

This certificate was created by the European Union to facilitate the mobility of people within the member states during the pandemic, but its use has been expanded, it is in force in Ipar Euskal Herria, and now there are countries and autonomous communities such as Galicia, Catalonia and Balearic Islands who ask for it mainly to access nightlife venues.

The certificate, which can be obtained from the Health Department website and Zuzenean offices By appointment, it proves three situations: that the person is vaccinated, that he has recovered from the disease (the validity in this case is 6 months) or that he has tested negative in an antigen test in the previous 48 hours or in a PCR in the preceding 72 hours.

Follow the recommendationss in the face of the coronavirus from the health authorities. If you live in the CAV and have symptoms, call your usual health center. The Health Council will also attend to people on the phone 900 20 30 50, offering information and solving doubts about the coronavirus. If you live in Navarra, call the Health Council phone number: 948 290 290. Remember that the most effective way to prevent the spread of covid-19 is to use a mask, ventilate spaces, keep a safe distance, and wash hands.



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George Holan

George Holan is chief editor at Plainsmen Post and has articles published in many notable publications in the last decade.

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