Santander, Feb 9 (EFEAGRO).- The Supreme Court considers that the health laws available to Cantabria “provide the precise regulatory support” for the regional government to approve, in November 2020, the closure of the interior of hospitality establishments of the community.
The Supreme Court thus annuls, in a resolution handed down on February 7 and to which EFE has had access, the sentence of the Superior Court of Justice of Cantabria that upheld an appeal by the Association of Hospitality Entrepreneurs of the region against the measure of the Ministry of Health to close the interior of the establishments in November 2020 due to the high infections of covid-19.
The Administrative Litigation Chamber of the Superior Court of Justice of Cantabria upheld the appeal of the hoteliers against that Health resolution and indicated, in November 2021, that the decision to close the hotel industry was approved under the decree of the President of Cantabria that empowered to adopt measures in a state of new normality and that goes back to the state of alarm, which was declared unconstitutional in October of that year.
The Supreme Court considers, when estimating the appeal of the Cantabrian Government, that the General Health Law, the special measures in public health, and the General Public Health Law “provide sufficient regulatory coverage for the adoption of measures that could be restrictive of the right to free enterprise”.
And he stresses that “it does not necessarily require coverage of the state of alarm”, because these health regulations “provide the precise regulatory support for the adoption of such limitations”.
The high court cites the doctrine of other sentences that it has issued for measures adopted in the face of the covid-19 pandemic, in which it points out that health laws “give certainty to a specific restriction or limitation and delimit with minimum precision the field of its application ».
The Supreme Court also points out that these laws are applied in the event of “an exceptional case -the extraordinary imminent risk to health- that enables the health authorities to adopt measures that are considered health justified and motivated, suitable, temporary and proportionate.”
After learning about this resolution, the vice president of Cantabria, Pablo Zuloaga, has assured that the sentence “confirms that the Government of Cantabria acted defending the interests” of citizens “in accordance with the law” and in defense of the health of the Cantabrians.
At the press conference to report on the agreements of the Governing Council, in which the Minister of Health, Raúl Pesquera, announced the resolution, Zuloaga told journalists that those resolutions adopted by the Cantabrian Executive also made the autonomous community has been “the autonomous community that saved the most lives in the health crisis”.