Spain: Top Court Rules Coronavirus Lockdown Unconstitutional


The court ruling was in response to a suit brought by the far-right Vox party.

It was a split decision according to a brief statement issued by the court. State broadcaster TVE says it was six magistrates in favor and five against.

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.

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.

See article on Brietbart.

More details reported in this article on El Pais, including the government's reaction -

Spanish Populist Politicians Threaten Legal Action Against Proposed Covid Passports

The leader of VOX, Santiago Abascal, stated his opposition to the coronavirus health pass this week, writing on Twitter that if the Madrid government led by People’s Party politician Isabel Díaz Ayuso wanted to introduce a health pass he and VOX would take the matter to court.

“We are not going to allow more violations, discrimination and abuses of the fundamental rights of Spaniards,” Abascal vowed.

More good news coming in from Spain:

1 - Public Health Basque Country stops appointments for jabbing kids under 12. There’s panic at being sued in Sp and this is a country of LD deniers but the number 1 in Europe at fully jabbed percentage population. We don’t know enough…it’s a fact

2 - Hello from rebel Spain. The region of Galicia imposed Covid jab or antigen to sit indoors in restaurants…guess what… hospitality won again. It’s ilegal to ask for Covid status in hospitality in Spain. Galicia tried hard. It did not work…

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The Government orders the return of all fines from the first state of emergency.

Following the Constitutional Court's ruling declaring the first state of alarm unconstitutional.

The Government has ordered the creation of a task force to return all the fines imposed on citizens during the first state of alarm due to COVID-19 and to annul the files that were still being processed by the administration, sources from the Ministry of Territorial Policy have informed Europa Press.

Following the ruling of the Constitutional Court that declared the first state of alarm unconstitutional - and has to say about the second - the Executive has created working teams with all the sub-delegations and delegations of the Government, with the participation of the Tax Agency, the Delegation of Economy, the Public Treasury and Territorial Policy.

With the advice of computer teams, the Government will proceed to the refund of the official amount collected in the penalties imposed in compliance with the state of alarm. To this end, a mechanism will be set up so that citizens can set up a bank account from which they can carry out the transaction.


The second state of emergency declared unconstitutional by six votes to four.

The plenary, very divided on this occasion, has decided to declare it unconstitutional by six votes to four.

The Constitutional Court (TC) has declared the second state of alarm unconstitutional, and the appeal filed by the political party Vox against the decree of Pedro Sánchez's government has been successful. The plenary, very divided on this occasion, has decided to declare it unconstitutional by six votes to four.

Sources from the Constitutional Court also confirmed to Europa Press that the ruling has private votes from the president Juan José González Rivas, and the magistrates Juan Antonio Xiol, Cándido Conde-Pumpido and María Luisa Balaguer. This ruling represents a new setback for the Executive, which in July saw the Court of Guarantees declare unconstitutional some aspects of the first state of alarm.