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ARCHIVED - Murcia government seeks judicial approval for curfew
The Murcian regional Government would like to impose a curfew between 11pm and 6am and close all bars at 10pm
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 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 regardless of the national decision not to proceed, and Murcia has announced today that the judiciary have been asked to examine the relevant documentation with a view to immediately implementing a curfew.
Obtaining the approval of the Tribunal Superior de Justicia (TSJ) is the only other mechanism currently available to regional governments to impose any measures which would impede the liberty of an individual, and any such measure has to be viewed as justifiable. Some restrictions are being accepted by the judiciary in many regions of Spain, although there have been a few problems with the courts rejecting the measures proposed by regional governments, so in several regions, the governments have requested that their regional judiciary examine the proposals and authorise this measure before the authorisation is published in the regional bulletins.
The regional health authority and judicial services are already working on the documentation which will be submitted to the TSJ of Murcia before its publication in the BORM.
The Murcia regional president, Fernando López Miras, has held a telematic reunión with the Mayors of the 45 municipal councils to discuss the proposal that the curfew be applied between 23:00 and 06:00, with bars and restaurants closing at 22:00 in order to allow an hour for residents to travel back to their homes before the curfew is applied.
The health department is preparing the epidemiological reports for the courts and the technicians are preparing all the legal and procedural channels that are necessary to implement the measure and establishing the exceptions such as exemption for those going to work, attending an emergency etc so that the measure can be implemented rapidly.
The regional premier has been keen for the national Government to propose an alternative mechanism to the state of emergency and impose a curfew at national level, but as with other issues along similar lines, the Prime Minister refuses to legislate, saying only that the state of emergency already exists and can be requested by any region at any time, giving the requred powers.
How would a curfew work?
The curfew implies the restriction of any citizen to circulate on the streets without just cause during the hours established by the Government and would be applied from 11:00 pm to 5/6 in the morning.
Curfew exceptions
• Those going to work for a night shift.
• In the case of going to the hospital for a medical emergency
• To care for dependents