The court has also given the green light to limitations on social and family gatherings to a maximum of 10 people in private and public spaces throughout the region, which together with the curfews, will come into force on Monday, July 26, until August 16, at least.
At a hearing on Thursday evening, it was determined that the measures are "balanced", since they derive "more benefits for the general interest - containment of the pandemic - than harm to other goods or values", and at the same time comply with the "constitutional judgment of proportionality".
The order refers specifically to the increased contagion of the Delta variant - which currently accounts for 90 per cent of new cases - the "exponential growth" of infections, increased hospitalisations and the "situation close to collapse that is already occurring in primary care centres".
Taking these issues into consideration, the court concluded that the measures proposed by the regional government to try to contain the virus are "necessary, suitable and proportionate".
On July 14, Spain's Constitutional Court ruled that the national lockdown imposed at the start of the State of Alarm in March 2020 was "unconsitutional" and a "suspension of the right to free movement".
But the Superior Court yesterday argued night curfews are not the same, that they are instead a "limit" on movement, stating "it only applies to five hours during the night" and for the remaining 19 hours, the public's freedom "remains intact".
The curfews affect 18 towns in the Alicante province: Alffaz del Pi, Alicante city, Banyeres de Mariola, Benidorm, Callosa d'En Sarrià, Callosa de Segura, Calpe, Denia, Gata de Gorgos, La Nucia, Muro de Alcoy, Ondara, Pego, Santa Pola, San Vicente del Raspeig, Sax, Teulada and Villajoyosa.
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