The new mandatory restrictions to control the spread of coronavirus and that mainly affect the large localities of the Community of Madrid come into force on Friday night, after the communication last night to the communities of the order for the application of said control measures.
This has been indicated to Efe by sources of the Executive, who have clarified that the order does not need to be published in the Official State Gazette (BOE) since it was communicated last night to the communities -competent with its execution- and enters into force at 48 hours of that notification of Health to the autonomous governments.
Against the order, an appeal for reconsideration may be filed with the Ministry of Health within a period of one month from its notification, or contentious-administrative appeal before the National Court within a period of two months.
In the case of filing an appeal to Health, it may not be appealed by contentious-administrative means until it is expressly resolved or the alleged rejection of the same has occurred, as established by the order communicated to the CCAA.
The Official State Gazette (BOE) publishes this Thursday the agreement of the Interterritorial Health Council, which involves the application of new restrictions in Madrid and cities with more than 100,000 inhabitants with the impact of coronavirus, approved by 70 percent of the administrations represented .
Therefore, contrary to what the Community of Madrid defends, the Executive indicates that the agreement of the Interterritorial Council on the Declaration of Coordinated Actions in Public Health to respond to situations of special risk due to uncontrolled transmission of infections caused by SARS- Cov-2 is mandatory.
According to the report of the General State Attorney, this is established by current legislation, government sources add.
Specifically, article 151 of Law 40/2015 on the legal regime of the public sector, which regulates the votes of the Interterritorial Council of the National Health System, states that the agreements will oblige all autonomous communities, even if they vote against, if the The State exercises coordination powers, as is the case.
This law repeals everything that is incompatible with it, including the regulation established in article 73 of Law 16/2003 on cohesion, which only provides for the adoption of agreements by “consensus”, he points out.
According to the resolution published in the BOE, there are currently 11 municipalities in Spain with more than 100,000 inhabitants, which include 4,988,601 inhabitants, with incidence rates greater than 500 cases per 100,000 inhabitants.
But only ten (Alcalá de Henares, Alcobendas, Alcorcón, Fuenlabrada, Getafe, Leganés, Madrid, Móstoles, Parla and Torrejón de Ardoz) meet the other two requirements to apply the measures of the agreement: a percentage of positivity in diagnostic tests higher than 10% and an ICU bed occupancy by COVID patients greater than 35% in their autonomous community.