The TSJCV authorizes the extension of the 'Covid passport' requirement until next February 28

The Fourth Section of the Contentious-Administrative Chamber of the Superior Court of Justice of the Valencian Community (TSJCV) has authorized the extension until next February 28 of the requirement of the so-called 'Covid passport' to access all establishments and spaces where it was required.

These provisions are contained in the resolution of the Universal Health Ministry of January 26 and will come into force at 0:00 on the day following its publication in the Official Gazette of the Generalitat Valenciana (DOGV).

The Court considers that the extension of the certificate requirement is justified by the evolution of the pandemic, specifically by the expansion of the Omicron variant and the accelerated increase in uncontrolled and sustained community transmission of the SARS-CoV-2 virus, which “ exceeds the capacity of the health system.

"This is a measure capable of achieving the specific objective - the Chamber points out in its order - with which the suitability judgment is completed". Likewise, it fulfills the judgment of necessity, since it is "indispensable if you want to achieve the objective of reducing or -at least- minimizing the increase in transmission", he adds.

In the same way, as the Supreme Court has already established, the magistrates understand that the obligation to present this document is a "soft" limitation of fundamental rights that is justified in its confrontation with the "powerful presence" of other rights. such as the right to life, physical integrity and health protection.

The measure, according to the Chamber, is also proportionate and "gets a good fit of the two most important pieces (health and economy - in that order) of this unusual puzzle that represents the current pandemic."

In short, the Court concludes that they are “balanced” measures, since they derive “more benefits for the general interest -containment of the pandemic- than damages to other goods or values ​​in conflict”.

The order of the Fourth Section of the TSJCV includes a clarification to specify that, according to the wording of the administrative resolution, the requirement of the Covid passport does not affect the exterior of hotel and restaurant establishments, where the terraces of bars and restaurants are located. .