Legal chaos of Covid passports at the lack of common guidelines

There is no official response - and this newspaper has asked the Ministry of Health - on when will the Implementation of the Certificate or Passport Covid will

Legal chaos of Covid passports at the lack of common guidelines

There is no official response - and this newspaper has asked the Ministry of Health - on when will the Implementation of the Certificate or Passport Covid will enter the Agenda. However, there is already a clear issue and is that Carolina Darias's ministry is not going to advance to make this decision to make different judicial resolutions between higher courts (TSJ). These discrepancies have already occurred.

While last Friday, the contentious room of the TSJ de Galicia gave the guarantee to Alberto Núñez Feijóo to ask for the certificate Covid to visits in public and private hospitals, this Monday the TSJ of Basque Country has said no and the TSJ of Aragon has suspended its decision pending the executive's allegations and the prosecution, according to Javier Ortega, from Zaragoza.

The Government's question of Urkullu was different and, a priori, easier than that made by Galicia because it had jurisprudence on the case: the Basque Government was looking for the guarantee to use the Covid certificate in leisure and restaurants for more than 50 guests, Of course, with the ambition to apply it throughout the autonomous community.

The 12-page car crumbles the epidemiological report presented by the Basque Government to conclude that it is "incongruous" and, in addition, it reveals the "unnecessary of the Covid passport". The main reasons are that it does not force to show the aforementioned certificate to the waiters of these establishments and also leaves children under 12 years of age, after recognizing that at this time they are the main source of transmission.

The resolution says that "the very high percentage of vaccinates is a factor that operates against the measure [...] from that presumption, to impose the requirement of the passport in an indiscriminate manner lacking justification, and even less when simultaneously recognizes that The effects of contagion in vaccinates are not relevant. "

Among the magistrates of the auto is Luis Ángel Garrido, president of the Contentious-Administrative Room of the TSJ of Basque Country, the protagonist of a protagonist polemic sound of a controversial sonada for his statements on the epidemiologists, of which he had to retract.

The jurists consulted on this issue recall that there are not two equal cases and that, in the weighting effort of confronting rights that the courts make to decide on the certificate, the scope of application of the measure, the epidemiological situation must be taken into account ... Circumstances, all of them, who already collected the Supreme Court in his September judgment, when he endowed the Covid Certificate for Leisure in Galicia.

However, there are also voices that draw attention to the AUTO of Galicia TSJ that supports the use of the Covid certificate for hospital visits does not consider incongruous that neither doctors nor health personnel are obliged to show it, while The visits yes. That is, it does not take into account what for the Basque Country TSJ it is evident: that the waiters and owners of the premises are not required that certificate, while customers do not distinguish.

In the light of the Basque Auto, Vicente Lomas, Head of Legal Coordination of the Health Service of Castilla-La Mancha (Sescam), makes an assessment in which it admits that "it is rigorous and comes to say what the Supreme Court has already said when He pronounced on the order of Andalusia [that he denied implanting the Covid certificate], and it is that it is not possible to apply the same measure for the entire territory. You have to observe the different incidents. "

On the other hand, he believes that the Basque magistrates "Hilan fine when they say that no evidence of the connection between the hospitalizens and the activities that are developed in these premises are also not given," but considers that "they are very successful when demonstrating the contradictions of the Order. From the Basque Country regarding the owners of the premises, which does not require certificate, and in terms of the presence of minors, being these one of the main sources of contagion. "

The Covid certificate already applies to Baleares, Galicia and Catalonia to access certain services, such as nightlife, with the endorsement of their autonomous courts. In the Valencian Community, we are working to ask for the legal endorsement to the Superior Court of Justice to implement the Covid certificate during the Bridge of the Constitution, NOA reports. Also Castilla y León has been favorable to take that step, but with fear of a possible zasca of his court.

The solution: Set common criteria. The Health Counselor of the Community of Madrid, Enrique Ruiz Escudero, and that of Castilla y León, Veronica Married, have manifested itself in favor of the fact that the Ministry of Health leads the decision on the use of the Covid passport and give common guidelines.

This week, the Circle of Health has taken another step in this regard and has asked the Government to implement joint criteria for the communities, the Covid Certificate due to the increase of the incidence and the proximity of the Christmas dates.

In a statement, the president of the Entity, Angel Bridge, is committed to start-up "as soon as possible of a homogeneous regulation" for access to "certain spaces and areas, before the important increase in cases in recent days."

"We can not continue with an individualized Covid management by regions and generate as much uncertainty in citizens," says Bridges regarding the management of pandemic, although he was the "responsible" and "solidarity" attitude of Spanish citizenship, which has A vaccination rate that brushes 90%.

Amos García Rojas, president of the Spanish Association of Vaccunology and member of the Housing Ministry vaccines, replies that the Covid certificate could be a "convenient measure" and explains the reasons: "At this time in Europe there is a wide diffusion From the virus consolidating in several European countries a sixth wave. This has been the result of two clear situations: low vacuum coverage and the fact that a large part of the restrictive measures that had been implemented to control the pandemic suppressed them from one day for another " . But the situation in Spain "is different" and the reason is that "we have, on the one hand, wide vaccinal coverages and, on the other hand, we have maintained a series of restrictive measures in the context of the entire pandemic".

With these coordinates, García Rojas considers that "any kind of intervention that is done must be founded in the following reflection: we live where we live and that will do that we are not entirely waterproof to what is happening in Europe. We will continue to have it. An increase in cases. There are still people without vaccining. " But, he clarifies that "although the possibility of developing a sixth wave is not impossible, it should have a minor effect to the previous ones, because we have great vacuum coverage in our most vulnerable people."

The future contagion "will continue linked to closed and little ventilated spaces, where we tend to lower our guard and not protect ourselves with the mask, even though it is still mandatory in interiors. That is where more contagious we are going to have and, from that Perspective, any measure that is going to prevent the increase of those contagion. I think it's good. "

Updated Date: 25 November 2021, 15:33

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