Madrid, Aug 21 . .- The Minister of Health, Enrique Ruiz Escudero, has seen today “a certain incongruity” in the decision of a Madrid court not to ratify the regional order that prohibits smoking within two meters of other people and the closure of nightlife, and has informed the Minister of Health, Salvador Illa, of the order, given that one of the reasons given by the judge is that the order on which it is based is not published in the Official State Gazette.
Escudero, in statements to Telemadrid, has said that the Community has asked the court for clarification and has considered this decision “surprising” when in other Autonomous Communities the ratification of the measures has occurred and they go exactly in the same direction as pronounced by the Community of Madrid, which is difficult to understand ”.
The head of the contentious administrative court number 2 of Madrid has decided not to ratify the order issued by the Community to apply the latest measures agreed by all the communities against the coronavirus, from the ban on smoking if the 2 meters distance are not respected at the close of nightlife.
The order affirms that “from an autonomous community it is not possible to limit fundamental rights in general without a prior declaration of the alarm”, and emphasizes that the regional order is based on an order from the Ministry of Health that has not been published in the Bulletin Official of the State (BOE) “when, as it is known, the norms and general dispositions have to be published so that they are of obligatory fulfillment for all”.
According to Escudero, “as a main point the order says that it had not been published in the BOE, I have also transferred it to the Minister of Health, Salvador Illa; It further insinuates that there are no powers when there are restrictions on freedoms, but we have asked precisely that ratification, with the previous order that also went in the same direction and was more restrictive and now we do not understand why it has not occurred when they are measures that do not they are as deep as a few weeks ago ”.
“In the event that this last modification could not take effect, we would have to go to the previous order, and all the measures adopted around smoking or nightlife and even one that we had on oral trials – so as not to have to wear a mask if there is social distance or screens to make these judgments well-, because they would not enter into force either ”.