Because it entails a reinforcement of the functions of the Executive that go beyond that field, such as the possibility of extending the detentions from three to 10 days and mark1199 to be started in mid july.
In their individual votes, the dissenters will argue that the alarm was proportional in the defense of the right to health and life leader of Vox, Santiago Abascal, in Congress this Wednesday.
This is how Abascal demanded the state of alarm that later appealed Commerce and hospitality.
The sentence will include a section in which the scope of the ruling will be established. In it it will appear that the state of alarm did not violate the freedom of business or economic activity, because it has only declared unconstitutional.
What is related to the prohibition of wandering. The only cancellation that has occurred in the commercial, hospitality and nightlife activities is the power attributed to the Ministry of Health.
In section 6 of article 10, to “modify” or “expand” the measures adopted. High court sources confirm that this closes the door to trying any patrimonial responsibility of the State for the economic damage that businesses, industries and individuals could suffer as a result of the cessation of non-essential activity.
The majority of the Constitutional Court is aware that the measures adopted to fight the covid by the Sánchez Government followed recommendations of the World Health Organization and were similar to those adopted by other countries, such as France, in his case through a specific pandemic law.
That is why the ruling does not discuss them as necessary to face a pandemic in which everything was new at the time. The problem for six of the 11 magistrates of the TC is that they were established with a state of alarm.