Aragón marks the difference regarding the legislative framework to which it is welcomed to launch the Covid certificate to restrict access to night leisure. In a context of legal chaos with resolutions of the autonomous courts confronted around the Covid passport, the Contentious-Administrative Chamber of the Superior Court of Justice of Aragon (Tsja) has come out of the tangent and is not the first time it does.
The magistrates have responded to the request of the Government of Lamban to implement the Covid passport in night leisure with a providence that comes to say that they, the court, do not govern them and, therefore, does not correspond to them assessing the implementation of this measure .
And, more, they have suspicions that the procedure - to request the guarantee of the Covid passport to the Autonomic Court - is unconstitutional and, therefore, to raise a recourse to the Constitutional Court, to analyze Article 10.8 of the Law of the Contentious-administrative jurisdiction, which collects that procedure, as they have already done on another occasion.
The magistrates say in their providence: "Article 10.8 of the LJCA [...] provides the jurisdiction of a different dimension than that corresponds as its own, which is none other than that of revision jurisdiction". And he adds: "In that Testitura, the judge does not exercise as a judge of guarantees, but, in purity, he participates in a role that only corresponds to the administration, the administrative function or, where appropriate, the regulation".
With this providence, the magistrates are re-ascribing the validity of the aforementioned article, which was already a matter of question of unconstitutionality by the same court, in a consultation on a measure of territorial confinement presented by the Aragonese Government.
Until the TSJ of Aragon does not present the new question of unconstitutionality - now expected to receive allegations of the autonomic government - and, afterwards, until the Constitutional Court resolves on the validity of the aforementioned article, there will be no pronouncement on the merits of the matter, this It is, about the implementation of the Covid passport in the Aragon leisure. And then, it will depend on the answer of the Constitution to see if that pronouncement proceeds, according to the Court itself.
Faced with this scenario, the Government of Javier Lamban has decided to pull forward, to which, in some way, urges him his own TSJ in his Providence. The magistrates clarify that with the decision of it "it is not about generating a blocking situation" since the administration is not "prevented in adopting the measures it deems appropriate to comply with its constitutional function."
And concludes by stating that "the administration itself acts in each case as it has for timely and more correct, and the court is limited to strict fulfillment of what the law imposes on you». Thus, after the publication of an order last Wednesday, the obligatory nature of presenting the Covid certificate in night leisure establishments is established.
The Provincial Association of Entrepreneurs of Festival, Dance and Clubs of Zaragoza has announced that it will request in the next few hours the Superior Court of Justice of Aragon (TSJA) precautionary measures to paralyze the application of the Covid passport in community, which has entered In force this Thursday, as Informa Javier Ortega.
The president of the aforementioned Association, Alberto Campuzano, has confirmed that the document will be presented in the TSDA before what the sector considers "a new nonsense". "So we are not going to get the locals to be safer. It will not even be traceability after the contagion."
In his opinion, the application of the Covid passport will cause "chaos and problems" at the doors of the nightclubs. "It is a direct coercion to people who have exercised their right not to get vaccinated."
The collective has met with the Department of Health, who has claimed "more time" to apply the measure. They regret that the autonomous executive has not guaranteed them that there will be no future closures.
The Association has raised another alternative to the Aragonese Government: a 'sanitary bracelet' similar to that used in music festivals. In it "the passport data, the PCR or the antigen tests would be charged," facilitating the work of night leisure entrepreneurs and guaranteeing the privacy of users. "It would be legal and would have a cost of just one and a half euro per person."
Date Of Update: 25 November 2021, 20:32
