The Junta's plan to introduce covid control in the night-club sector using jab certificates, PCRs and Antigen results has been quashed.

The Junta first announced that it would come into effect earlier this month and then later said that they would postpone it until they received judicial approval from the Regional High Court, but the sentence just handed down states that such controls would be illegal under the Constitution.

The Junta’s plans would have affected night clubs, discos and even pubs with music, which would have been the death nell for the already struggling sector.

One such establishment on the Costa Tropical that would have been affected is Almuñécar’s well known, live-music pub, Robert’s Top, so the owner of the business can now breath a sigh of relief.

The Junta’s plan that originally was going to come into effect on the 5th of August runs up against numerous fundamental rights, considers the TSJA, such as the Right of Personal Privacy because it makes it obligatory to disclose personal health data, which the EU considers as “sensitive.” Another point is discrimination.

The tribunal judges also do not agree with equating having had the full dose of the vaccine with a up-to-date PCR or Antigene test, as full vaccination does not mean that you cannot infect another person. Furthermore, a PCR only guarantees that at the moment of taking the PCR the person was not infected but it doesn’t make them immune to Covid infection.

Moving on, the Tribunal does not consider that it has been proven that the principal place of infection within this 5th wave is in this particular sector.

Lastly, the Junta’s proposed, anti-Covid norm was open ended and did not contain criteria to determine when this measure would lapse.

Editorial comment: a major stumbling block, beside the legality issues, was that the 18 to 29 sector is only now getting their first jab, which, with the stipulated delay between the 1st and 2nd jab, would mean that even those few with their first one could not go into any night bar; i.e. a complete economic disaster for the sector. It is akin to making masks obligatory at the start of the pandemic when there weren’t enough masks in existence.

(News: Andalucia)