What will happen as of next Sunday, May 9, when the State of Alarm declines? This is the question posed this week, not only by citizens, but also by regional governments.
A priori, with the end of the State of Alarm, two of the most restrictive measures currently in force should be suspended, and which limit one of the fundamental rights (that of free movement), the curfew and the perimeter closures. However, many autonomies, including the Valencian one, have shown their willingness to maintain them, especially with regard to the curfew.
In a public appearance last Monday, May 3, the President of the Generalitat, Ximo Puig, announced that, "I do not see it as viable to completely overcome the curfew because this limitation of mobility at night has helped us a lot." His goal is to continue maintaining restrictions and a slow de-escalation during the month of May to reach summer with a "normal" situation.
The Supreme Court may decide whether or not to endorse the curfew
However, the legal question is whether the Generalitat has powers to make these decisions. Although Puig has already announced that he will consult the Superior Court of Justice of the Valencian Community, the Council of Ministers approved this Tuesday a decree that establishes that measures that affect fundamental rights are maintained as long as they have judicial authorization.
In other words, in the event that the Superior Courts overturn these measures, the Autonomous Communities may appeal to the Supreme Court (this measure could not be carried out until now). What the Central Government intends is that there is a unification of decisions and the Supreme Court can dictate jurisprudence. In this way, past situations in which some Superior Courts did endorse measures that in other communities the competent court had overthrown will be avoided.
Although the Central Executive believes that this new legal possibility can only be favorable in cases such as the perimeter closure, it is not ruled out that the Superior Court or the Supreme Court can also endorse curfews.
At the moment, after the statements of Ximo Puig, it is expected that the Valencian Community will maintain the curfew, although it could be extended until 23pm. In any case, in the coming weeks it will be the courts who will endorse or not this decision to maintain a unification of decisions between autonomies.
