President Armengol said on Thursday that the Balearic government will abide by the decision of the Balearic High Court not to authorise the Digital Covid Certificate as a requirement for attending large sporting and cultural events.
The court, which had been asked by the government to give its authorisation, was of the same view of the Prosecutor's Office, which had earlier announced its opposition. Its ruling, delivered on Thursday morning by a panel of three judges, was in fact more forceful in its wording than the prosecutor had been. The requirement for the certificate would have been a "radical solution" and one of limiting rights. More than a preventative health measure, use of the certificate would have sought to "force citizens to be vaccinated".
The court coincided with the opinion of the prosecutor in observing that being vaccinated does not guarantee that a person is not infected by the virus. Moreover, the court argued that the government's request for authorisation contained "generalities" and too little that was specific. There are already measures in place, such as the wearing of masks and reduced capacities. "If these are not enough, only then and in the face of demonstrable evidence, will it be the moment to increase the intensity (of measures)."
During a visit to Muro, President Armengol said that the government's strategy, one shared by the island councils, the Felib federation of town halls, business and unions, has been that of protecting the population from a threat that continues to exist. Accepting the court's decision, she noted that the court had agreed to the certificate being a requirement for entering care homes for the elderly.
The Thursday ruling was in respect of a measure that had already been put into effect and for which the government had not initially felt it necessary to gain court approval. As such, the decision will make any further application of the certificate very difficult, if not impossible, the government having delayed any announcement with regard to the certificate being needed to enter bars and restaurants.
An outcome of the ruling may be that there is increased pressure on the Spanish government to legislate on the use of the certificate and thus try and avoid the interventions of regional courts or indeed the Supreme Court.