The autonomous communities have already received the order from the Ministry of Health on the obligation to apply the restrictions to nightlife that were agreed – although without consensus – in the Interterritorial Council this week.

In the order to which the Cadena SER has had access, Health literally warns all communities that The new measures will be mandatory, regardless of what they have voted on. For this, it relies on article 151 of the Law of Legal Regime of the Publicó Sector, approved by the way by the government of Rajoy in 2015.

The new restrictions must now be published in the BOE and in the various community bulletins. Finally, the order signed by Minister Darias recalls that regional governments can appeal it to the National High Court.

Legal contradictions

But the Government may have difficulties in forcing communities to comply with the agreements of the Interterritorial Health Council because, as explained by the lawyer and member of the Association of Health Jurists, Francesc José María, in the newsletter Hour 14, there is a legal contradiction.

The Law of Cohesion and Quality itself is contradictory. When he talks about the making of agreements by the Interterritorial Council, he says that they will be recommendations that will be adopted by consensus and when he regulates coordinated actions in Public Health he establishes that the agreements will bind all parties. There is a contradiction that can only be resolved if there is a reform of this law that in the future establishes that the agreements of the Interterritorial Council will have an executive character and will bind the parties. “

“It is not at all clear that responsibilities can be demanded from the legal point of view. Another question is the political one.”, has added. “I believe that the minister is going to have many difficulties due to the contradiction she was saying. On the one hand, consensus is spoken and on the other, unanimity, when it is clear that they are not synonymous.”

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