Madrid Court Annuls Central Government’s COVID-19 Curbs on City

October 8, 2020 Updated: October 8, 2020

MADRID—A Madrid court on Thursday struck down a government order imposing a partial coronavirus lockdown on the Spanish capital, ruling in favor of the Madrid region in a standoff with national authorities just before a long holiday weekend.

Under the Health Ministry’s order, Madrid regional authorities on Friday barred residents from leaving the area, including nine satellite towns, without a valid reason, and imposed other measures to curb the spread of COVID-19 in one of Europe’s worst virus hotspots.

A demonstrator attends a protest against lockdown
A demonstrator attends a protest against the regional government’s measures to control the spread of the coronavirus disease (COVID-19), at Vallecas neighborhood in Madrid, Spain, on Oct. 4, 2020. (Javier Barbancho/Reuters)

Regional government chief Isabel Diaz Ayuso had opposed the order, saying it would ravage the region’s economy, also arguing the ministry had no power to impose such curbs on a region.

The Madrid regional court sided with her in its ruling, calling the restrictions “interference by public authorities in citizens’ fundamental rights without the legal mandate to support it”.

The restrictions imposed in Madrid, with its usually bustling restaurants and bars, had not yet been fully enforced as no fines could be levied on people violating the restrictions until the court had issued its decision. The government can appeal.

A waiter wearing a protective face mask waits for customers
A waiter wearing a protective face mask waits for customers in his terrace amid the outbreak of the coronavirus disease (COVID-19), in Madrid, on Oct. 1, 2020. (Sergio Perez/Reuters)

Welcoming the court’s decision, Ayuso nevertheless urged residents to stay home over the upcoming Hispanic Day weekend that usually sparks mass holiday travel across Spain.

She promised to release a set of “sensible, fair and balanced” rules on Friday, meaning capital residents may still face more restrictions in a country where the government forecasts GDP will fall 11.2 percent in 2020.

“Madrid’s businesses can’t carry on like this … Nobody understands the rules, nobody knows what is going on,” she said during a televised address.

A person sits next to Spanish flags
A person sits next to Spanish flags set up in memory of the coronavirus disease (COVID-19) victims in a park, in Madrid, on Sept. 27, 2020. (Sergio Perez/Reuters)

Under the law, the Spanish government can limit fundamental rights by imposing a state of emergency, as it did nationwide for three months starting in March, but it is up to the regions, which control health policy, to request such measures on a more local scale outside of an emergency.

Prime Minister Pedro Sanchez, who described the situation in Madrid as “concerning”, told reporters in Algeria his government would study the court ruling and decide how to proceed after a meeting with the Madrid authorities.

By Emma Pinedo and Inti Landauro