TSJA approves the Covid passport for access to bars, restaurants and nightlife in Andalucía

Andalucía’s top court, the Superior Court of Justice of Andalucía (TSJA), has agreed this Friday (17 December) to ratify the Junta’s request for a Covid vaccination certificate or a negative diagnostic test to be required to enter bars, restaurants and nightlife establishments.

The decision comes after a previous request was thrown out as its wording meant that workers would also have to produce the certificate.

The court has now ruled that the measure proposed by the Junta de Andalucía meets the requirements of proportionality, necessity and suitability and, as a result, the coronavirus control measure will be in effect in the region until 15 January, 2022.

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The TSJA decided that the pandemic control measure is necessary "in order to immediately reduce the rising rate of infection" and it considered it suitable because it limits access to the establishments to people who may potentially have a higher risk of transmission of the disease.

In the case of proportionality, the TSJA indicated that the regional government’s request met this requirement as the recipients of the measure are the customers who decide to go to these establishments "for the use of a service that cannot be classified as essential."

The TSJA ruling continued, "Experience shows that these spaces for socialising favour a relaxation of the attention necessary to respect individual prevention measures, such as the use of a mask or the maintenance of interpersonal safety distance."