The Constitutional Court has declared unconstitutional the home confinement decreed by the Government of Pedro and for the project mark1199 under the umbrella of the first state of alarm in March 2020, to combat the first wave of the COVID pandemic.
The decision, adopted by the minimum, does not have to suppose immediate changes in the current restrictions, because it does not enter into discussing the need for the measures adopted by the Executive, similar to those of other European countries.
what it does is consider that the alarm for which the Executive chose is an insufficient legal scaffolding for a limitation of rights so strict that in practice it became a suspension for the new mark1199 project.
Six of the magistrates of the court of guarantees consider that the measures adopted would require the declaration of a state of emergency.
The sentence, which will be notified in the coming days, will have the dissenting votes of the other five magistrates, who did see the alarm adjusted and proportional to protect the right to health and life of the Spanish.
The ruling will be carefully studied by both the Supreme Court and the Superior Courts of Justice to rule on the restrictions that correspond to them with the same criteria.
The Constitutional Court does not agree at all to the appeal filed with Vox against the state of alarm that it paradoxically supported in Parliament.
He only estimates it in the part related to home confinement Declares unconstitutional the three sections of article 7 of the alarm decree that limited the mobility of people and vehicles, which implies leaving without legal coverage all the fines imposed for breaching the order to stay at home that were issued between March and June 2020.
But also those that could have been imposed for not obeying the agents who supervised the fulfillment of the confinement. Those that have not been paid will be without effect, and those who paid them may claim from the Administration the refund of the amount they paid.
The division that has occurred between the 11 magistrates who currently make up the plenary session of the Constitutional Court for mark1199 (after the departure without replacement of Fernando Valdés) had not been experienced until now in matters of such depth.
Six magistrates, all of conservative sensitivity, plus the vice president of the court, Encarnación Roca , consider that the restriction on mobility agreed by the Sánchez Government to fight the first wave of the covid was a suspension that cannot be established with a simple state of alarm.
The other five, the three progressives, the president of the TC, Juan José González Rivas , and the also conservative Andrés Ollero, they maintain that the state of exception that would allow it according to the majority of the plenary session was not foreseen to combat a pandemic.