By Laura Kemp • 17 December 2021 • 13:34
The Contentious-Administrative Chamber of the Superior Court of Justice of Andalucia, based in Granada, has agreed to ratify the order relating to the Covid passport or negative Covid test for access to the interior space of hospitality, leisure and recreation establishments.
It considers that the measure proposed by the Junta de Andalucia meets the requirements of proportionality, necessity and suitability. In the case of proportionality, it indicates that it meets this requirement as the recipients of the measure are the “users” who decide to go to these establishments.
In addition, it indicates that it is necessary and suitable because its purpose is to try to reduce the rising rate of infections by limiting access to those users who have a greater risk of transmission.
“Experience shows that these socialisation spaces favour a relaxation of the attention necessary to respect individual prevention measures, such as the use of a mask or the maintenance of interpersonal safety distance.”
In addition, it explains that there is an infringement of fundamental rights – the right to equality and privacy – “but the intensity of this violation is so low” that properly weighing the fundamental right that is intended to protect is “in accordance with the law” by exceeding the criteria of proportionality, suitability and necessity.
“It is necessary in order to immediately reduce the rising rate of infections” and is considered suitable because it limits access to the establishments to people who may potentially have a higher risk of transmission of the disease.
This will be in place until January 15.
The order explains that it covers the entire Christmas period, which will see an increase in family and social trips and gatherings, which implies “a greater influx in the establishments contemplated in the order” and a reasonable time to evaluate the measure.
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Originally from UK, Laura is based in Axarquia and is a writer for the Euro Weekly News covering news and features.
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