The de-escalation in the Region of Murcia is currently regulated by two collision regulations: the one approved by the Interterritorial Council last week, which was published this Sunday by the central government in the Official State Gazette (BOE), and the Order that the Ministry of Health raised on Wednesday to the Official Gazette of the Region (Borm). For the moment, it is the latter that is applicable, pending the Regional executive clarifies if it will join the communities that have decided to ignore the Ministry or if it will assume the directives issued by the Interterritorial Council, transferring them to the Borm.
“The publication in the BOE is not mandatory until it is incorporated into the regional regulations,” the Ministry explained this Sunday. However, this department did not clarify if it will. Health sources limited themselves to pointing out that the Covid Committee will analyze this Monday “the measures based on the epidemiological situation, and will be informed of the regulations and measures that will be applied in the Region of Murcia in the coming weeks.”
For now the Ministry remains on the sidelines of the judicial battle that other communities governed by the PP are leading. The Ministry of Health has finally decided to throw all the meat on the grill and not leave as mere recommendations the controversial restrictions on hospitality and nightlife approved by the Interterritorial Council, with the rejection or abstention of the most populated autonomous communities, which they are home to about two thirds of the inhabitants of Spain. The limitations and prohibitions for this summer are – now, officially and black on white – “mandatory” for the communities.
The regional executive must clear up doubts at the latest this Monday, after the weekly meeting of the Covid Committee
Madrid, Galicia, Andalusia, Murcia, Catalonia, Castilla y León, the Basque Country and Melilla were the territories that abstained or voted against the agreement. Most of them have already announced that they will not abide by the protocol, although Murcia keeps the unknown. The legal services of several communities have been studying the possibility of filing an appeal against the Interterritorial agreement since Thursday morning. A new skirmish that will become the umpteenth chapter in the judicialization of the fight against the pandemic.
According to the information collected by this newspaper, the drafts in which the two territories that have already decided to appeal (Madrid and Castilla y León) and those that study at least other communities are working are very similar and they intend to go to the locker room. Contentious-administrative of the National Court. The central argument, in short, is that the Interterritorial cannot impose its criteria because it is a mere body for technical coordination between technicians (not politicians) from the different territorial administrations.
The allegations are intended to affect article 69 of the Law of Cohesion and Quality of the National Health System, which was the one that in 2003 gave a nature charter to this forum, which it defined exclusively as a “permanent body of coordination, cooperation, communication and information on health services, among them and with the State Administration, which aims to promote the cohesion of the National Health System through the effective guarantee of the rights of citizens throughout the territory of the State ”.
For its part, the central government emphasizes that the Interterritorial is nothing more than a “sectoral conference” and that, therefore, it has to comply with the Law on the Legal Regime of the Public Sector, approved in 2015 under the majority of the PP , whose article 151 establishes that “when the General State Administration exercises coordination functions, in accordance with the constitutional order of distribution of competences of the respective material scope, the agreement adopted in the sectoral conference (.) will be of Obligatory compliance for all Public Administrations that are members of the Sector Conference, regardless of the direction of their vote ”.