Background

A lawsuit filed by the Vox party challenging the Lockdown Measures. [1]

During the first six weeks of the lockdown, stay at home measures were so strict that the Spanish weren’t even allowed to go outside to exercise or walk their dogs. [2]

In one case, police were called after a neighbor spotted two brothers playing soccer in their own back yard. [2]

As we (SummitNews) previously highlighted, Spain’s lockdown laws were so draconian that at one point authorities briefly told citizens that wearing masks while swimming in the sea was mandatory. [2]

For many months during hot weather, wearing masks in every outdoor setting, even on beaches, was compulsory.

People were also issued fines of €2,000 euros for “disrespecting” a police officer during lockdown. [2]

Numerous instances of police beating people for not wearing masks also emerged, while protesters at one point freed a woman from police arrest while cops were trying to handcuff her for not wearing a face covering. [2]

Early on during the first lockdown, police helicopters fitted with loudspeakers were also used to aggressively order beachgoers to go home. [2]

Significance

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Relevant Prior Judgements/ Cases

…More information is needed…

Decision

Spain’s Constitutional Court has ruled that the state of alarm that the central government implemented (Lockdown) in March 2020 at the outset of the coronavirus pandemic was unconstitutional. [1]

“While leaving intact most of the state of emergency’s terms, the court said that the key articles ordering the population off the streets except for shorts trips for shopping and unavoidable commutes for work and other official business were unconstitutional,” reports the Associated Press. [1]

“According to TVE, the ruling said that the limitations on movement violated citizens´ basic rights and therefore the state of emergency was insufficient to give them constitutional backing. The six magistrates said that a state of exception, which does allow the government to suspend basic rights, would have been necessary.” [1]

In order to legally limit people’s freedoms to the extent they did last year, the court said, the government would have had to declare a state of an exception rather than a state of emergency. [1]

Aftermath

The ruling leaves the door open for people who were fined for breaking the rules to reclaim the money they paid. [1]

But the court said it would not accept lawsuits from people and businesses who want to sue the government because they lost money due to the lockdown. [1]

The Spanish government may now face multiple lawsuits as a result of the lockdown being declared unlawful. [1]

Further Research

Court Documents:

• Read the Court Ruling

In the news:

• …More information is needed…

Media