Andalucia: No COVID passports are required for hospitals, health centres and residential care homes.
The Superior Court of Justice of Andalucia ruled against the use of the COVID passport because no time limit has been established for the measure.
NO COVID passports will be required to enter hospitals, health centres and residential care homes in Andalucia after the Superior Court of Justice of Andalucia (TSJA) ruled that although the use of the safety measure does meet the requirements of proportionality, necessity and suitability, it does not meet the established time limit guidelines set by the Board.
The TSJA ruling comes after the Superior Prosecutor of Andalucia argued that the implementation of the passport should be “ratified” because it had “sufficient legal authorisation” and was “proportionate.” However, because the Junta has not established a time limit for the measure, the use of the COVID passport in hospitals, health centres and residential care homes was rejected.
Despite the ruling today (December 2), the Junta can immediately reapply for the measure if it establishes a specific date for the requirement of the Covid passport.
The TSJA said that any new submission of the measure “must contain sufficient reasoning regarding its validity over time” because “in the event that the Court were to ratify the order in the terms in which it was presented [today], it would have a totally indefinite duration and would not be subject to the control of its proportionality, necessity and suitability”, as the order states.
Therefore, although the measure is reportedly justified in the eyes of the Court, the evolution of the pandemic “could lead to it no longer meeting the previously stated requirements in a given period of time, which would prolong over time a restriction of fundamental rights without sufficient justification”. Therefore “it would mean accepting that this monitoring and evaluation work would be practically exempt from any judicial control”.
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