The decision did not respect the principle of competence and was therefore declared unconstitutional.

On 10 May 2023, the Constitutional Court declared the unconstitutionality of a decision made by the national Emergency Operations Committee (COE) regarding the COVID-19 vaccination certificate.

The COE had mandated that anyone over 12 years old must present a complete vaccination certificate (two doses or one dose) to enter public places that are not essential. The control and enforcement of this measure were to be carried out by the Police Intendencies in coordination with local autonomous governments.

However, the court ruled that this decision did not respect the principle of competence, as it was issued by an authority that lacked the legal authority to regulate individuals’ actions. As a result, the Constitutional Court partially accepted a public action of unconstitutionality and declared the unconstitutionality of the relevant COE provision. The COE had already revoked this certificate requirement in August 2022, which the court also took into account in its judgment.

Reference: judgment 127-21-IN/23.

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