The government hoped to use a Covid passport to control entry to hotels and other venues across Andalucia, although the Supreme Court ruled that the proposed rule “does not pass the proportionality test” and that it shows a “justification deficit.”
This ruling means that the citizens of Andalucia will not be required to show a vaccination certificate or a negative PCR test which was taken in the last 72 hours to gain entry to nightclubs, bars and other public venues. These measures were requested by the government of Moreno Bonilla, but the Supreme Court decided to overturn the request.
The decision was concluded on two main arguments. The first is that the measure is not sufficiently justified, as for the measure to be justified the Andalucian government would have to prove “that the so-called fifth wave originates precisely in nightlife venues.”
Additionally, the second argument is one of being proportionate. The measure was intended to apply “over a large territory and in very different situations.” If implemented, this would have meant that the measure would have been used across the whole of Andalucia, and the local coronavirus situation within each territory would not be considered. Therefore, the proposed measure failed the proportionality test.
If the measure was introduced, it would have hit the hospitality sector without proof that the main source of Covid infections came from this sector.