Supreme Court authorizes extension of ‘COVID passport’ requirement until end of February
The TSJCV considers that an extension is justified by the evolution of the pandemic and is a “soft” limitation of fundamental rights when considered against the right to life, physical wellbeing and health protection.
Friday 28th January 2022 – CARLOS LÓPEZ with Mike Smith
The Supreme Court of Justice of the Comunidad Valenciana (TSJCV) has authorized the extension of the requirement to show a valid COVID certificate to access all establishments and spaces where it is required until the end of February.
The court reported that it considered that the extension of the measures is justified by the evolution of the pandemic, specifically by the spread of the Omicron variant and the accelerated increase in the uncontrolled and sustained community transmission of the coronavirus which “exceeds the capacity of the health system”.
It points out that the COVID certificate measure is “capable of achieving the specific objective” as well as fulfills the judgement of necessity since it is “indispensable to achieve the objective of reducing or – at least – minimizing the increases in transmission”.
The court also understands that the requirement to present a valid certificate is a “soft” limitation of fundamental rights that is justified to confront the “powerful presence” of other rights, such as the right to life, physical wellbeing and health protection.
It also considers that the measure is proportionate and “provides a good fit of the two most important pieces of this unusual puzzle that represents the current pandemic – health and economy, in that order. It is a “balanced” measure and it generates “more benefits for the general interest – the containment of the pandemic – than damages to other goods or values in conflict”.
Finally, the TSJCV ordered a clarification to the wording of the resolution to specify that a COVID certificate does not need to be shown to access the outside spaces of hotel and restaurant establishments, where the terraces and bars are located.
The provisions of this measure are contained in the resolution of the Universal Health Ministry of January 26th and will come into force at 00:00 on the day following its publication in the Official Gazette of the Generalitat Valenciana (DOGV).
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