- Certification will be required for mass events and leisure establishments in Navarre. In the CAV, the Basque Government has lodged an appeal and the Spanish Supreme Court will decide next week whether to authorise the introduction of the passport. In Ipar Euskal Herria the third dose of the vaccine will be necessary for the certificate to be valid; EH Bai has denounced that it is a “covert imposition”.
The Superior Court of Justice of Navarra (TSJN) has considered "moderate" the request for a COVID-19 certificate to deal with the health emergency. The Government of Navarre asked the court last Wednesday for a foral order to issue the passport, an obligation that will be required in Navarre between 27 November and 7 January. Municipal Police and Foral Police will carry out “random checks”.
According to the ruling of the High Court of Justice of the Basque Country, the arguments put forward by the Government of Navarra to apply for the COVID-19 certificate are "justified" and the measure is "proportionate" to deal with the health emergency. It has a dual purpose: “help reduce the risk of infection” and promote vaccination in areas where the population is concentrated. The Court acknowledges that it "restricts" certain rights, but not "vulnera" them.
From Saturday onwards they will have to apply for the COVID-19 passport in restaurants over 60 diners at night and in multitudinous events inside (over 1,000 people at meals and drinks). The implementation of the measure shall be carried out by the establishments and events. The Bertsozale Elkartea association has announced that no certificate will be required for the final of the Bertsolaris Championship in Navarra on Sunday, because they will not offer food or drink.
The Basque Government, pending the authorization of the Supreme Court
Unlike Navarre, the High Court of Justice of the Basque Country (TSJPV) notified the Basque Government on Monday that it will not be able to require the COVID-19 certificate: “It would violate many important rights.” The Basque Government has been "surprised" by the decision and, although it said otherwise at the beginning, has finally appealed to the judgment of the National Court. It will now be the Supreme Court that decides whether to authorise the application for the COVID-19 passport in the territories of Araba, Bizkaia and Gipuzkoa, where it is pending for resolution. The order would affect restaurants with more than 50 diners and nightlife and dance establishments, provided that the incidence rate of the last 14 days per 100,000 inhabitants of these municipalities is greater than 150.
The "hidden imposition" of the vaccine
In Ipar Euskal Herria since July, the COVID-19 certificate is required to access public establishments such as restaurants, long haul transports and cultural events. On Wednesday, the French Government announced that from now on the validity of the certificate will be subject to the third dose of the vaccine or to the submission of a negative PCR or antigen test within the last 24 hours.
From the outset the measure has been very contrary, and among other things, Ezpass! Where are we going? The group has held several protests over the months. EH Bai has also censored the certificate because it "curbs citizens' freedoms." In a note published in early November, he denounced that the COVID-19 passport is a “hidden imposition”, as it does not allow citizens to make the decision to get vaccinated “freely”: “If we want to live a normal life, we must have vaccinated or have money to be able to do PCR.”
The sovereign coalition has also stressed that the certificate "divides" Basque society into "pieces". They criticize that recent political debates have shown that “the goals of governments to control society are being confused” and “the right responses” to the health emergency.