The Superior Court of Justice of the Valencian Community (TSJCV) has authorised the extension, until 28 February, of the requirement of the so-called ‘Covid Passport’ to access all establishments and spaces where it was already required, meaning all bars and restaurants, irrespective of capacity, and other leisure venues.
The court considers that the extension of the certificate requirement is justified by the evolution of the pandemic, specifically by the expansion of the Omicron variant and the accelerated increase in uncontrolled and sustained community transmission of the SARS-CoV-2 virus, which ” exceeds the capacity of the health system.
The measure, according to the Chamber, is also proportionate and “gets a good fit of the two most important pieces (health and economy) of this unusual puzzle that represents the current pandemic.”
In short, the court concludes that they are “balanced” measures, since they derive “more benefits for the general interest –containment of the pandemic– than damages to other assets or values in conflict.”
The order of the fourth section of the TSJCV includes a clarification to specify that, according to the wording of the administrative resolution, the requirement of the Covid Passport does not affect the exterior of hotel and restaurant establishments, where the terraces of bars and restaurants are located.