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Spain's Constitutional Court Eases Restrictions on Fundamental Rights
The Spanish Constitutional Court has changed its doctrine on restricting fundamental rights during health crises, allowing for stronger limitations if proportionate.
Spanish
Spain
Human Rights ViolationsHuman RightsSpainPublic HealthConstitutional LawLegal Decision
Constitutional Court Of SpainVox
Juan Carlos CampoEnrique ArnaldoCésar TolosaConcepción EspejelRicardo EnríquezJosé Mario Macías
- What was the main ruling of the Spanish Constitutional Court?
- The Constitutional Court of Spain ruled that the state can restrict fundamental rights without declaring a state of exception, as long as the restrictions are proportionate to the public health threat.
- What was the position of the conservative judges on the ruling?
- Five conservative judges concurred with the ruling but expressed concerns about the court overstepping its authority by changing doctrine on states of emergency beyond the specific case.
- How does this ruling change the previous doctrine on states of emergency?
- The ruling overturns previous doctrine that stated that only a state of exception could justify strong limitations on fundamental rights, as was the case with the COVID-19 lockdowns.
- What law was challenged in this case, and which political party initiated the challenge?
- The court overturned parts of a Galician health law challenged by Vox, stating that the intensity of the restriction, not just its existence, is a factor to consider.
- What is the main criterion the court will now use to assess the constitutionality of measures restricting rights?
- The court's new approach focuses on proportionality and necessity of restrictions to protect public health; the intensity of the limitations is not the sole determining factor.