The increase in the incidence of covid-19 is leading different governments to put preventive measures on the table that pass through the implementation of the covid passport in certain situations or sectors.

The Provincial government is negotiating its implementation with the nightlife sector, and in the Basque Autonomous Community (CAV), several voices such as that of the president of Eudel, the general deputy of Álava or the mayor of San Sebastián have spoken favorably. However, the Lehendakari, Iñigo Urkullu, considers that the measure should emanate from a “uniform” decision of the Spanish Government, in order to have all the legal guarantees.

The health pass (the one that certifies having passed the disease, complete vaccination schedule or negative test) is implanted in Northern Basque Country and it is necessary in activities such as going to the cinema, the theater or a stadium, but also to have a drink in a bar, in a cafe or in a restaurant. In the Spanish State, Catalonia, Galicia or Murcia They request it, with the corresponding judicial endorsement, to access the nightlife venues. It also applies Aragon, although the form used is somewhat different: it is recommended in the entertainment and entertainment sector “under the right of admission”.

It is a controversial measure, on which he had to pronounce in September the Supreme court by the appeal of the Xunta de Galicia to the decision of the Superior Court of Xustiza of the community to reject the obligation to show the covid passport in Galician leisure and restaurant establishments.

The Fourth Section of the Contentious-Administrative Chamber of the Court considered that it was “an ideal, necessary and proportionate measure”, and endorsed it: “The benefit, with respect to the significant reduction of infections, is much higher than the sacrifice involved the requirement to present documentation for access to the premises, “he argued.

The president of Valencia, Ximo Puig, has assured that his government “accelerates the legal processes so that the covid certificate can be implemented in certain centers” and “thus protect the most vulnerable.” Although Puig has not specified which spaces he was referring to, he has later clarified that they will always be “those where more infections can occur, closed spaces where it is difficult to be with masks”.

For his part, the Minister of Health of Galicia, Julio García Comesaña, has advanced that they are working to implement the covid-19 certificate at the end of this week for accompanying people who access the Hospital centers.

Legal security

The measure, insofar as it affects fundamental rights, must have all the legal guarantees. As the professor of Procedural Law at the UPV / EHU explained in Euskadi Irratia, Ixusko Ordeñana, “there is no clear jurisprudence, since for this the Supreme court should dictate at least twice a sentence in the same sense, and at the moment, he has only done it once. “

Ordeñana estimates that there should be a “clear state-level law” so that it can be applied in all autonomous communities.

However, the expert has admitted that the option of taking refuge in the Admission rights, as Aragon does, it could be an alternative for its implementation.