Top court in Spain’s Andalucia rejects plan to make ‘Covid-19 passports’ mandatory to visit nightclubs

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A controversial proposal that sought to make Covid-19 passports mandatory to visit all nightlife venues, floated by the government of Andalusia, has been shot down by the top court in Spain’s southern coastal region.

The High Court of Justice of Andalusia (TSJA) ruled on Friday against the initiative announced by the regional government earlier this week. Making health passports mandatory to visit indoor nightlife venues was deemed to be discriminatory and in violation of citizens’ privacy rights.

The ill-fated plan was announced by the president of the regional government, Juanma Moreno, back on Monday. According to Moreno, an EU Digital Covid Certificate, a negative PCR test, or a negative antibody test would be required to visit any nightlife venue in Andalusia.

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The Supreme Court has decided to stand by the decision previously taken by the Superior Court of Justice of Andalucia.

The Supreme Court knocks down ‘covid passport’ to enter bars, restaurants and nightclubs in Andalucia

The Andalucian Government had hoped to use a COVID passport control entry to hotels, nightlife venues and nightclubs across Andalucia. The Supreme Court has now rejected this request. The court believes that the proposed measure “does not pass the proportionality test” and that it shows a “justification deficit”. Therefore, it has decided to stand by the decision previously taken by the Superior Court of Justice of Andalucia.

This basically means that anyone in Andalucia will not have to show a vaccination certificate or a negative PCR test which was taken in the last 72 hours in order to enter nightclubs, restaurants and bars. The government of Moreno Bonilla had requested these measures, but Supreme Court have decided to overturn the request.

The decision was made on two main arguments. The first is that the measure is not sufficiently justified. For the measure to be justified the government in Andalucia would need to prove “that the so-called fifth wave originates precisely in nightlife venues.”

More at link.

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