The TSJ of Aragon suspends the Covid passport at banquets, but keeps it at nightlife
The Superior Court of Justice (TSJ) of Aragón has suspended the application of the Covid passport at banquets – weddings, communions or baptisms – but keeps it at nightlife and at large events. The order issued a few days ago by the regional government of Javier Lambán has been appealed by several organizations, including the Zaragoza clubbing association.
Finally, in Aragon the Covid passport will remain in force, but only until midnight on January 8, and exclusively to access nightlife venues (discos, pubs and the like) and to attend mass events in which gather more than 500 people indoors or more than 1,000 outdoors.
In these cases, accesses must require the certificate of being vaccinated against Covid or, failing that, the accreditation that they have had the disease for a maximum of six months, or demonstrate that they have tested negative in a PCR analysis in the last 48 hours or in an antigen test in the last 72 hours.
Until the judgment on the matter arrives, which will take time, it was time to determine whether or not to provisionally suspend the application of this order. The appellants and the Prosecutor’s Office have requested the suspension, against the criteria of the Aragonese Government. And the magistrates, finally, have stayed halfway: the Covid passport will remain in force, but not with the full scope that the Aragonese Government intended.
The order issued by the Supreme Court of Aragon, with Judge Juan Carlos Zapata as speaker in this case, it openly censures the order of the Aragonese Government for being legally “disproportionate”.
Thus, it indicates that “It seems like absolute disproportion” that the Lambán Executive has established the Covid passport without any deadline, without a specific date of end of the restriction. “It is established with a temporal extension such that it can be considered indefinite”, they criticize. AND They reproach the Aragonese Government for not understanding what the legal principle of “proportionality” means. It does not consist in applying a less shocking or negative measure than another – they indicate – but in guaranteeing that the remedy is no worse than the disease. In other words, “that the measure serves something and does not generate more harm than it creates benefit.”
Therefore, to avoid the “disproportion” appreciated by the magistrates, they have decided that the Covid passport is required in fewer situations than those intended by the Lambán Executive, and only until January 8. The TSJ of Aragón considers that it is not appropriate to generally require the Covid passport to any type of banquet or social celebration in the hospitality industry. The Aragonese Government would have set a maximum number of attendees and, as it has not done so, the Aragonese TSJ understands that this alleged generic restriction on banquets and social celebrations in the hotel industry should be canceled.