This past Tuesday the Supreme Court has agreed to provisionally suspend the curfew schedule agreed in Castilla y León by the government headed by Alfonso Fernández Mañueco. The Junta de Castilla y León imposed, as a measure to fight the pandemic, a curfew that was established at 8:00 p.m., an hour before what is endorsed by Royal Decree 926/2020, promoted by the Ministry of Health .
Why is it delayed?
At this point, the Contentious-Administrative Chamber of the High Court has suspended the aforementioned advance, arguing that “the consummation of an illegitimate restriction of the fundamental right would be absolutely irreparable and the sentence would be ineffective and it would be so for all affected citizens”, according to legal sources.
“What is relevant in this piece of precautionary measures is that any restriction or limitation of a fundamental right or freedom, such as movement in this case, can only be adopted within the framework of constitutional provisions”, they point out from the Supreme Court.
Finally, the order concludes that “at this procedural moment and for the sole purpose of deciding on the precautionary measure, we consider that the argumentation of the Junta de Castilla y León to maintain that it has the power to aggravate the restriction of freedom of movement It is, in icto oculi, that is, at a glance, contrary to the predetermination that is imposed by the Constitution and Organic Law 4/1981, of states of alarm, exception and siege, sinceand The entire scope of the limitation of the fundamental rights affected by the state of alarm must be expressly provided for in said norm “.
What time is the curfew established?
After this resolution, the curfew in the entire community of Castilla y León is delayed until 10 pm, two hours more than that established by the autonomous government before the Supreme Court ruled.
When does it come into force?
Furthermore, it came into effect immediately. Starting yesterday, Wednesday, at 8:00 p.m. and will continue until 11:59 p.m. on February 23. Of course, these restrictions can be modified, within the legal parameters, depending on the evolution of epidemiological, health, social, economic and mobility data.