Nightly curfew and other existing coronavirus restrictions will continue in Catalonia until Friday, January 21st. The Catalan High Court (TSJC) today endorsed the maintenance of the curfew, from 1am until 6am, for fourteen more days, as requested by the Catalan government to try to limit the high number of Covid-19 infections, which today reached a figure of 32,556 new cases in Catalonia, according to CatSalut data. Public prosecutors, who had opposed the initial imposition of the measures, had already stated yesterday that they were backing the extension, in the face of reports submitted by the Generalitat administration.
In its earlier resolution, the TSJC stated that the measures requested under the first curfew, from December 23rd to January 7th, and the limitation of gatherings to ten people, were restrictions that were "necessary, appropriate and proportionate" to the pressure of the sixth wave of the pandemic and tension in the health system. This time, prosecutors also approved an extension of two more weeks and the court validated the government proposal. Data provided by the Catalan health department forecast that Covid patients in ICU beds will reach 700 after the Three Kings break, when the figure now is close to 500.
Measures extended
All of the existing Covid measures in Catalonia have thus been extended, with the only change being the addition of eight new municipalities to those affected by curfew: Alcarràs, Castell-Platja d'Aro, Cunit, el Vendrell, Mont-roig del Camp, Salt, Torroella de Montgrí and Vilanova i la Geltrú. The night-time confinement will thus be applied to 124 municipalities of more than 10,000 inhabitants with a seven-day Covid incidence (IA7) of more than 250 cases per 100,000 inhabitants, as well as in the nine other municipalities which are surrounded by those under curfew.
The full measures in force until Friday, 21st January are:
- Night-time curfew from 1am to 6am in 133 towns. (Full list at the end of this article)
- Nightlife sector (nightclubs and late night venues) remains closed throught Catalonia.
- Social gatherings and meetings are limited to a maximum of 10 people, and can only exceed this if all those present belong to the same household bubble.
- Maximum occupancy of interior spaces for restaurants and bars is 50% of the normal maximum, with 100% allowed on terraces.
- Occupancy in cultural and entertainment venues (concert halls, theatres, cinemas, auditoriums and circuses with tents), as well as in shops and gyms is set at 70% of the normal maximum.
- Funeral centres and other religious ceremonies are also limited to 70% of the normal maximum capacity.
- Working from home as much as possible continues to be a priority.
In today's ruling, the TSJC's administrative chamber highlights the "exhaustive report" prepared by the Catalan public health agency on the evolution of Covid-19 infections and their effects on people and health centres, which sets out “26 unfavourable characteristics”. As a result of all this, the TSJC states: “As the preservation of fundamental rights such as life, physical integrity and the right to protection of health represent a shared public interest that, amidst a pandemic, acquires an essential character, their preservation must, consequently, have a priority criterion, without other rights deserving of greater protection being imposed ahead of them”.
The TSJC reiterates the jurisprudence of the Supreme Court and the Constitutional Court, as well as its own chamber in 2021, clarifying that restrictions on fundamental rights, such as a curfew, can be imposed without decreeing a state of alarm, the constitutional status which was used to permit curfews in earlier phases of the pandemic in the Spanish state. However, the court admits that the legal difficulties would be fewer, both for the health administrations and for the administrative litigation chambers, if there existed sufficiently articulated regulation on the conditions and limits for restricting fundamental rights in emergency situations such as the current one. Nevertheless, it confirmed that the curfew restrictions and the limit of gatherings to ten people can be adopted under the auspices of Article 3 of Spanish Organic Law 3/1986. The court also endorses the maintenance of the Covid-19 passport, as the right to life is considered ahead of the right to privacy and equality, and because the Supreme Court has already clarified that there is no discrimination against people without the passport as they can still use an antigen test to access spaces such as bars and restaurants.
Nightlife appeal, rejected
In addition to the Catalan government's extension of Covid measures, the TSJC also decided this afternoon to reject the nightlife sector's appeal against its forced closure in Catalonia over the Christmas period. The court gave the thumbs down to the appeal by the Fecalon federation and some 55 groups in the face of "undoubted" and "obvious" evidence that nightlife posed a risk to public health. The court clarified that although there is no doubt that the sector has suffered losses due to the closure, in no case do they consider that these were "irreparable", as they are economic.
The appellants had asked the court to allow them to open for reduced hours, as well as in premises without dance floors and with capacity limits in municipalities where there is no curfew.
Full list of municipalities affected by curfew
A total of 124 Catalan municipalities of more than 10,000 inhabitants will have to apply a curfew due to a seven-day Covid incidence (IA7) of more than 250 cases per 100,000 inhabitants. Nine more towns marked in the list with an *asterisk are included because they are surrounded by others that are under curfew, and therefore also have to apply it.
- Abrera
- Alcarràs
- Amposta
- Arenys de Mar
- Argentona
- Badalona
- Badia del Vallès
- Balaguer
- Banyoles
- Barberà del Vallès
- Barcelona
- Berga
- Blanes
- Calafell
- Caldes de Montbui
- Calella
- Calonge i Sant Antoni
- Cambrils
- Canet de Mar
- Canovelles
- Cardedeu
- Cassà de la Selva
- Castellar del Vallès
- Castellbisbal
- Castelldefels
- Castelló d'Empúries
- Castell-Platja d'Aro
- Cerdanyola del Vallès
- Corbera de Llobregat
- Cornellà de Llobregat
- Cubelles
- Cunit
- Deltebre
- El Masnou
- El Papiol*
- El Prat de Llobregat
- El Vendrell
- Esparreguera
- Esplugues de Llobregat
- Figueres
- Gavà
- Girona
- Granollers
- Igualada
- La Bisbal d'Empordà
- La Canonja*
- La Garriga
- La Llagosta
- La Roca del Vallès
- La Seu d'Urgell
- L'Escala
- Les Franqueses del Vallès
- L'Hospitalet de Llobregat
- Lleida, Exceptuades Les EMD de Sucs I Raïmat
- Lliçà d'Amunt
- Lliçà de Vall*
- Llinars del Vallès
- Lloret de Mar
- Malgrat de Mar
- Manlleu
- Manresa
- Martorell
- Mataró
- Molins de Rei
- Mollerussa
- Mollet del Vallès
- Montcada i Reixac
- Montgat
- Montmeló*
- Montornès del Vallès
- Mont-Roig del Camp
- Olesa de Montserrat
- Olot
- Palafolls*
- Palafrugell
- Palamós
- Palau-Solità i Plegamans
- Pallejà
- Parets del Vallès
- Piera
- Pineda de Mar
- Polinyà*
- Premià de Dalt
- Premià de Mar
- Reus
- Ripoll
- Ripollet
- Roses
- Rubí
- Sabadell
- Salou
- Salt
- Sant Adrià de Besòs
- Sant Andreu de la Barca
- Sant Andreu de Llavaneres
- Sant Boi de Llobregat
- Sant Carles de la Ràpita
- Sant Celoni
- Sant Cugat del Vallès
- Sant Feliu de Guíxols
- Sant Feliu de Llobregat
- Sant Jaume d'Enveja*
- Sant Joan de Vilatorrada
- Sant Joan Despí
- Sant Just Desvern
- Sant Pere de Ribes
- Sant Quirze del Vallès
- Sant Sadurní d'Anoia
- Sant Vicenç dels Horts
- Santa Coloma de Farners
- Santa Coloma de Gramenet
- Santa Margarida de Montbui
- Santa Perpètua de Mogoda
- Santa Susanna
- Sentmenat
- Sitges
- Tarragona
- Tàrrega
- Terrassa
- Tordera
- Torelló
- Torredembarra
- Torroella de Montgrí
- Tortosa
- Vallirana
- Valls
- Vic
- Viladecans
- Vilafranca del Penedès
- Vilanova del Camí
- Vilanova i la Geltrú
- Vila-Seca
- Vilassar de Mar