The Contentious-Administrative Chamber of the Superior Court of Justice of the Basque Country (TSJPV) will meet next monday November 22th to deliberate on the authorization request made by the Basque Government to be able to implement the so-called covid-19 passport in the Basque Country. It is foreseeable that that same day it will be known if the court endorses this measure.
The Basque Government has presented after 1:00 p.m. the document in which it requests the judicial authorization to request the Covid Digital Certificate of the European Union in certain places or establishments as an additional measure to those established by the Department of Health.
Regarding the object and scope of the authorization, the Executive explains that the Covid Digital Certificate is intended to be required in the establishments designed to offer the public entertainment and dance activities such as discos, dance halls, party rooms with shows, music bars, karaoke bars.
As for the special pubs and bars included in Group III, the measure will be required from 22:00 hours. Likewise, the measure affects restaurants with an authorized capacity for dining places of more than 50 people.
In this way, both access and permanence inside said establishments, as long as the cumulative incidence rate in the whole of the Autonomous Community of Euskadi of positive cases due to covid-19 in the last 14 days is equal to or greater than 150 cases per 100,000 inhabitants, will be conditional on the control of those responsible for the establishment who must control the display of the paper or digital support of the Covid Digital Certificate.
As the Executive has announced in a note, the legal services of the Basque Government allege that a measure of this type is necessary to contribute to stop a new wave community transmission of the virus and to encourage, even more if possible, the vaccination of all citizens.
Likewise, according to the document, they consider that the necessary affection to fundamental rights, in this case the individual liberties, is contrasted with the fundamental right to life and public health, which must prevail above all else.
The Basque Government has also taken into account the Supreme Court jurisprudence, which has endorsed very similar measures in some cases. “According to the doctrine of this court, the fundamental right to data protection is not affected insofar as it only foresees the exhibition of the documentation presented for access to the premises, in order to verify the authenticity of the same,” says the brief. .