The High Court of Justice of the Basque Country considers the application of the precautionary measures requested by ELA and LAB incompetent
- The High Court of Justice of the Basque Country has issued two decisions in relation to the lawsuit filed by ELA and LAB against the Basque Government: in a ruling the Court declares that it has no capacity to apply the precautionary measures requested by ELA and LAB, since both unions urged the Court to paralyse the effect of the "explanatory note" of the Basque Government in order to resume non-essential activities. The other resolution gives a period of three days to the political parties and the Public Prosecutor’s Office to submit claims.
The ELA trade union has provided the information on its page web.ELA and LAB filed a complaint against the Department of Economic Development and Infrastructure of the Basque Government for violation of fundamental rights: health, life and physical integrity. The complaint called for the Court to annul the Basque Government's "explanatory note", which allowed the resumption of non-essential activities.
According to ELA in the news, "the Basque Government has made the concept of basic service flexible to the extreme, contrary to the meaning of the Royal Decree (paralysis of non-essential activities), and allowed other non-essential industrial services and activities (turning the workers of these activities into vectors of contagion putting their jobs at risk) until the bases of the alarm state itself were broken".
The Court declares that it has no capacity to apply such precautionary measures.
The High Court considers that it has no competence to apply the precautionary measures requested by ELA and LAB, two trade unions that called for the incidence of the "Explanatory Note" of the Basque Government to be halted as a first step before the dismissal.
ELA pointed out in the news that "in the opinion of ELA and LAB it is up to this court to take such an urgent and necessary decision, especially when there is a risk to the health and lives of thousands of people and the value of every hour to limit the coronavirus pandemic is enormous."
ELA pointed out that in the Social Court of Navarra the two unions were also sued against the "clarification notice" of the Government of María Chivite. This court has not yet issued a ruling.
Three-day deadline for submission of claims on resolution capacity
In one of the resolutions, the High Court grants the parties and the Public Prosecutor ' s Office a period of three days to make representations concerning the capacity of the Working Room to hear and resolve the case.
