Andalusia: Justice ratifies the closure of La Campana (Seville) to "prevail health"

The First Section of the Contentious-Administrative Chamber of the Superior Court of Justice of Andalusia (TSJA), based in Seville, has ratified the perimeter closure of the municipality of La Campana until May 19, in accordance with the determinations of the Committee High Impact Public Health Territory of the province of Seville, meeting on May 12, for public health reasons to contain the Covid-19 coronavirus, since that day La Campana showed an incidence rate of 1,298 infections per 100,000 inhabitants in the accumulation of the last 14 days and currently its rate is 2,214.6. Previously, the Superior Prosecutor’s Office of Andalusia had supported this decision of the Territorial Committee of High Impact Public Health, since recently, let us remember, the Sevillian court of the Administrative Litigation of the TSJA ratified the perimeter closure ordered by the Board in the municipalities of Castro del Río (Córdoba), Bornos and Villamartín (Cádiz), but the Granada court of said instance did not endorse the perimeter closure of the Granada municipality of Montefrío, despite the fact that the Prosecutor’s Office had supported the closure in all cases, as now happens again.In the order issued this Friday, the Sevillian Administrative Litigation Chamber of the TSJA considers that, «once the need, suitability and proportionality of the measures have been appreciated and other less burdensome ones discarded, the right to health should prevail in the face of the high contagion power and the serious public health risk for citizens, which was determined in Spain the declaration of the state of alarm through Royal Decrees 433/2020, of March 14, and 926/2020, of October 20, whose validity, in the latter case, has ceased just a few days ago ”.Rights According to this order collected by Europa Press and which follows the pronouncement of the Prosecutor’s Office, “justifies ratifying the urgent sanitary measure agreed even if it implies the restriction of fundamental rights”. In this sense, the Chamber appreciates the due proportionality of the measures adopted ” as essential to guarantee the public health of the residents of the municipality, eradicating the high risk of imminent contagion that would otherwise exist, and with a temporary scope that extends over seven calendar days, and can be revised if the evolution of the epidemiological situation if the circumstances that motivate its approval are maintained “, at which point it indicates that” it is not, on the other hand, an absolute mobility restriction “, since in the order of the Junta de Andalucía” a catalog of cases is included that movements are allowed “, in addition to” no restriction is established for movement in transit. ” In addition, the Chamber indicates “the data that is expressly collected in the Specific Risk Assessment Report in La Campana, reviewed and studied by the Territorial Committee for High Impact Public Health Alert of the province of Seville”, a report that concludes that “the risk of expansion and loss of control of the COVID-19 situation in the municipality of La Campana is very high.” In addition, the TSJA considers that “its proportionality is motivated insofar as it is the ratification of temporary measures, limited to a period of seven days and based on the indicated contagion data ”.”Appreciating the need, suitability and proportionality of the measures and discarding other less burdensome, the right to health must prevail in the face of the high contagion power and the serious risk of public health for the citizenry”, the First Section of the Chamber of the Contentious-Administrative of the TSJA.