The contentious-administrative chamber of the Superior Court of Justice of Catalonia (TSJC) has drastically reduced the impact of the curfew in Catalonia, which the Generalitat had tried to toughen up.
The judges consider that mobility limitations between 01:00 and 06:00 hours should only be applied in municipalities with more than 5,000 inhabitants that have a seven-day cumulative incidence (AI) of 250 cases per 100,000 inhabitants and not than 125 infected, as proposed by the Procicat on Tuesday . The decision implies, among other things, the lifting of night confinement in Barcelona and its entire metropolitan area and in practically all large Catalan cities.
The Generalitat, which has started to analyze the judicial resolution as soon as it has become aware of it, has advanced since alternatives are being sought . “In any case – Government sources have stated – we regret that once again the judges are acting as epidemiologists.”
Thus, the curfew will only affect next week (in principle until August 27) a total of 19 Catalan towns: Alcarràs (Segrià), Amposta (Montsià), Arenys de Munt and Palafolls (Maresme), Badia del Vallès (Vallès Occidental), Balaguer (Noguera), Banyoles (Pla de l’Estany), Calafell (Baix Penedès), Celrà, Sarrià de Ter and Salt (Gironès), Cervelló, Gelida and Martorell (all three in Baix Llobregat ), Manlleu (Osona), Montblanc (Conca de Barberà), Móra d’Ebre (Ribera d’Ebre) and Sant Feliu de Guíxols, and Torroella de Montgrí (Baix Empordà). The intention of the Procicat was for 148 municipalities to be included in this relationship.
The judges consider “even less justified to extend the restriction of night mobility to those neighboring municipalities or close to the previous ones, for the simple fact of such a situation and as a mere prevention.” Therefore, it calls on the Ministry of Health to provide health arguments that support the.
Fear of bottles
The Fecasarm nightlife employers’ association considers that the court decision involves the “imperative need to immediately reopen the legal nightlife sector .” The group had already criticized this week that the Generalitat had “accommodated itself in the extension of disproportionate and unjustified restrictions.”
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They consider that the TSJC resolution reinforces the employer’s discourse and makes the legal nightlife sector “the only solution to illegal drinking bottles and parties at this time.” In his opinion, if these were already “uncontrollable”, “without the curfew they will be even more so.” The Fecasarm demands that the reopening of outdoor night venues be immediately authorized until 3:30 a.m., with 30 minutes to vacate, and that in a maximum of 15 days there is a new protocol for accessing indoor spaces safely .