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ARCHIVED - Plan to enforce curfew across Spain rejected
The Interterritorial Council decided to study the legal implications in depth before implementing such a stringent measure
France has no such qualms and yesterday extended the mandatory curfew from Paris to cover the whole country, with 46 million people now subjected to a nocturnal curfew as it fights to contain the virus. Yesterday France reported its highest ever covid figure of more than 40,000 cases in a single day.
Spain also reported its highest ever number of new cases in a single day; 20.986.
All week there have been discussions over whether to declare a national curfew as the numbers of covid cases in Spain continue to rise to what is now being acknowledged by the Ministry of Health as being worrying levels.
The autonomous regions have been increasing restrictions within their own territories in an effort to halt the multiplication of the virus, and one of the measures which is becoming increasingly popular in Europe is the use of a nocturnal curfew, directly targeting the nocturnal activities of younger people, generally acknowledged as being an accelerating factor in the spread of the virus.
The biggest problem facing the implementation of this measure is that it breaches the freedom of movement and restricts the liberty of the population, something which is not permitted under the Spanish Constitution so in order to enforce it the agreement of all the autonomous governments must be agreed and a state of emergency declared to give the Government the power it needs to apply this mechanism at a national level.
On Thursday the Interterritorial Council (representatives from all of the regions and national Government) met to discuss the measure, but the decision was taken not to proceed at a national level for the moment.
Instead, the Government has requested a legal study on the measure.
However, some of the regions are keen to implement a curfew at a regional level immediately, and are moving ahead with legal studies at a regional level regardless of the national decision not to proceed.
Late on Thursday evening the Valencian government announced that it would be applying a curfew within the next few days and had requested a judicial analysis of the legal implications and the legal declaration that it hopes to make within the next 48 hours, as well as further restrictions.
Castilla y León is very keen to implement a curfew and has asked its own judiciary to analyse the legal implications and urged the national government to find a mechanism by which this can be achieved without the need to impose a state of emergency.
Madrid has already discussed this week the inclusion of a curfew within the measures proposed at a regional level to replace the state of emergency which concludes in the region this weekend and Granada in Andalucía, has already implemented a local form of curfew, closing bars and restaurants down from 10pm onwards, a measure which it plans to extend to other areas including Seville as case numbers rise.
The encalve of Melilla on the african ci¡oast has also requested the implementation of a curfew.
The Minister of Health, Salvador Illa, considers the curfew that the Junta de Andalucía has declared in Granada is a "correct" measure and on Friday is visiting Valladolid to discuss the topic of the curfew with the Castilla y León government.
The central Government is adamant that the legal instrument that must used to impose a curfew is the state of alarm; "this is not the subject of discussion," Illa said, but there are naturally objections to ths mechanism, the loudest amongst them Catalonia, in which cases are currently ascending rapidly and which has also requested a legal report to find out if it could be applied with an alternative mechanism.
More measures
However, agreement was reached with the autonomous regions on Thursday to approve the Government's proposal to apply common criteria to determine three levels of risk with a catalogue of measures to control mobility, capacity and social contacts which will apply to the whole country.
A fourth level has been added to the plan, of "extreme risk", in which the Government offers the communities that ask for the state of alarm to take "exceptional measures" with "additional restrictions" to some of those that appear in the plan for Phase 3. It would be activated in territories with community and uncontrolled transmission of the virus, which is jeopardising the health care system in this specific region.
The document includes measures such as the recommendation to citizens to stay in their homes, create "social bubbles", the closure of nightlife venues or establishments at 11 pm –10 pm in the initial proposal–, which will be applied based on criteria of infections, hospitalizations or deaths.
Madrid and the Basque Country have not endorsed it and have abstained, although the remaining regions have accepted the plan and the measures proposed.
At the moment, the government has desisted from naming the regions in which the measures need to be imediately applied, although there is no doubt that from the current criteria that the regions of Castilla y León, La Rioja, Aragón, Catalonia, Madrid and the Basque Country should be classified as “extreme risk” and actions implemented immediately.
In this particular block of regions there are significant political difficulties for the national government to surmount; Catalonia, Aragón and the Basque Country all have governments strongly in favour of separatism and are openly opposed to central control; Madrid is run by the PP and has clashed fiercely with the national PSOE-Podemos Unidos coalition government over its handling of the covid crisis to such an extent that the national government was forced to over-rule the regional government and impose a state of emergency 2 weeks ago; only la Rioja and Castilla y León are themselves run by the PSOE and therefore less hostile to the national Government.
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