SANTA CRUZ DE TENERIFE, Aug 17 (EUROPA PRESS) –
The second section of the Contentious-Administrative Chamber of the Superior Court of Justice of the Canary Islands (TSJC) has ratified its refusal to require the ‘Covid certificate’ to access the hospitality premises, as agreed in another car on July 29.
In this way, the TSJC fails again in a car, made public this Tuesday as a result of a cause promoted by the ‘Liberum’ association, the suspension of having to present a document with a complete vaccination schedule, a diagnostic test of active infection with negative result and carried out 72 hours before or certificate of having passed the covid-19 in the last six months, to be able to access the interior of the premises.
In addition, it renders without effect the determination of capacity established in the previous resolution.
The order admits the “good faith” of the Canary Islands Government in promoting the measure to face the health crisis but understands that there is a “risk” that many citizens are excluded from their constitutional freedom since vaccination is voluntary.
In addition, the Chamber sees “serious doubts” about the suitability of the measure given that vaccinated people also transmit Covid-19 and the employees of the premises are not required, in line with what was ruled by the Granada Chamber.
According to the order, “the disputed measure establishes a duty exclusively in charge of the client, consumer or user, but it does not weigh to the same extent on those who are developing their labor services in those same establishments, so that the measure does not allow achieving the The objective of preserving certain spaces from the virus, as it could be the case that all the clients of a premises comply with the requirement that we have been talking about, however none of the employees are in a position to comply with it, so that the restriction of rights of the clientele would have been in vain. “
