Date Published: 02/09/2020
ARCHIVED - Valencia Region confines muncipality with high covid incidence
ARCHIVED ARTICLE Valencia Government confines Benigànim for two weeks due to Covid
The Government was forced to amend the text and make a second application after the first was refused by a judge
Finally, the regional government of the Valencia Region, the Generalitat, has managed to confine the municipality of Benigànim, but only after dictating a new resolution after the Contencioso Administrativo número 3 court in Valencia overturned the confinement order due to come into force on 1st September.
This is a similar situation to that which has occurred in other parts of the country, as technically the only mechanism by which the population can be confined is the state of emergency used by the national government to enforce the lockdown of the early part of the Covid crisis.
Regional governments wishing to confine a local population must seek a “mobility restriction” order from a court and should the judge rule that it confines the population, and is a contravention of their rights under the Spanish Constitution, it can be refused.
In this case, the regional government has had to reword the text to expressly indicate that they are only seeking a perimeter confinement, and that residents will have the right to move around freely within the municipal borders.
It has also been clarified that a maximum of 10 people is permitted in meetings of a social or family nature and that acts of worship will not exceed one third of the capacity of churches, mosques etc.
Likewise, citizens must always respect the safety rules for the use of a mask and observe social distancing.
With these amendments accepted, the regional government can now proceed with a 14 day mandatory “mobility restriction” to prevent the 5,800 inhabitants of the municipality of Benigànim from moving outside of the municipal boundaries.
Residents may only leave the municipality go to a doctor or to work, return to their main residence, take care of elderly residents, children or dependents, or in the case of force majeure.
Social centers, casinos, clubs, elderly day centres, bars, restaurants (apart from take-away or home delivery services), gyms, sports centers, parks and gardens are all closed.
The outbreak was detected a week ago, pinpointing 24 cases; subsequent PCR tests have discovered a further 51 cases.
The new resolution will be transferred to the General Counsel of the Generalitat, to request judicial ratification by the Contentious Administrative Jurisdiction.
An interesting note: The titular magistrate of the Contentious Administrative Court number 3 of Valencia, which annulled Benigànim's confinement, is the same judge who, in 2005, presented a question of unconstitutionality against the Homosexual Marriage Law, after repeatedly refusing to marrying a gay couple when he was in charge of a court in Denia (Alicante).
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