Post by account_disabled on Mar 14, 2024 2:49:36 GMT -5
The Eighth Section of the Contentious-Administrative Chamber of the TSJ of Madrid has denied , because fundamental rights and freedoms were affected, the ratification of the measures agreed in the third section of the Order of the Ministry of Health of the Community of Madrid, which establishes preventive measures in certain municipalities of the region in execution of the Order of the Minister of Health approving coordinated actions in public health. The magistrates specify in their resolution that "we are faced with a legal framework that differs substantially from that which was the object of analysis, coinciding with the ratification.
The measures on health areas, of September 24 and October 1, since, as recognized by the own lawyer of the Community of Madrid , what is requested on this occasion is the ratification of the obligatory mandate of the Minister of Health by which the declaration of coordinated actions in public health is approved to respond to situations AOL Email List of special risk due to uncontrolled transmission of infections caused by SARS-COV-2.” “This Order of the Minister of Health - the order states - is issued under article 65 of Law 16/2003 on Cohesion and Quality of the National Health System. Accordingly, the Minister of Health approves the declaration of coordinated actions in public health approved in the Interterritorial Council of the National Health System, thereby binding the recipient autonomous communities.
The Chamber concludes that Law , of May 28, on cohesion and quality of the National Health System, and specifically its article 65, does not contain a legal authorization for the establishment of limiting measures of fundamental rights. The resolution clarifies that it is article 65 of the aforementioned law that cites the agreement of the Interterritorial Council of the National Health System and the Order communicated of September 30, 2020 as the only legal title enabling the administrative power exercised in the mention of the aforementioned agreement and the issuance of the communicated Order, the execution of which is carried out by the Community of Madrid. "For this reason, - the resolution continues - the ratification of sanitary measures restricting fundamental rights will depend on the.
The measures on health areas, of September 24 and October 1, since, as recognized by the own lawyer of the Community of Madrid , what is requested on this occasion is the ratification of the obligatory mandate of the Minister of Health by which the declaration of coordinated actions in public health is approved to respond to situations AOL Email List of special risk due to uncontrolled transmission of infections caused by SARS-COV-2.” “This Order of the Minister of Health - the order states - is issued under article 65 of Law 16/2003 on Cohesion and Quality of the National Health System. Accordingly, the Minister of Health approves the declaration of coordinated actions in public health approved in the Interterritorial Council of the National Health System, thereby binding the recipient autonomous communities.
The Chamber concludes that Law , of May 28, on cohesion and quality of the National Health System, and specifically its article 65, does not contain a legal authorization for the establishment of limiting measures of fundamental rights. The resolution clarifies that it is article 65 of the aforementioned law that cites the agreement of the Interterritorial Council of the National Health System and the Order communicated of September 30, 2020 as the only legal title enabling the administrative power exercised in the mention of the aforementioned agreement and the issuance of the communicated Order, the execution of which is carried out by the Community of Madrid. "For this reason, - the resolution continues - the ratification of sanitary measures restricting fundamental rights will depend on the.