The Justice authorizes the new restrictions of the Valencian Community The Justice authorizes the new restrictions of the Valencian Community
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The Justice authorizes the new restrictions of the Valencian Community

22 December 2021 - 16: 41

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 January 31 of the requirement of the so-called 'Covid passport' to access the places where it was already It is mandatory to present it, as well as its extension to all hotels and restaurants, regardless of capacity, and to other establishments such as gyms or cinemas, circuses, sports facilities and festive venues where drinks or food are consumed.

These provisions are contained in the resolution of the Conselleria de Sanidad Universal dated December 21 and will come into effect at 0:00 hours on the day following their publication in the Official Gazette of the Generalitat Valenciana (DOGV).

The Court considers that the extension of the measure in those spaces where it was already mandatory to present the Covid certificate is justified by the evolution of the pandemic.

Likewise, its expansion to new establishments and spaces is "suitable, necessary and weighted or balanced, insofar as it derives more benefits or advantages for the general interest than damages to other goods or values ​​in conflict," the Chamber states.

This weighting of conflicting interests -as the Court's order recalls- has already been examined by the Supreme Court, which has described the requirement of the 'Covid passport' as a "tenuous" limitation of certain fundamental rights that, when faced with the “powerful presence” of others such as life or health protection “it provides an objective and reasonable justification for its adoption”.

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