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Curfew Post State of Emergency Doubts

The representative of the Republic for Madeira, Ireneu Barreto, admitted today that the continuation of the curfew after the end of the State of Emergency may raise issues that the Constitutional Court will be called to clarify. 

Writing to local newspaper, JM, he said:

“It is understood that, as long as the Constitutional Court does not rule on the matter, some issues will remain, but we must not forget that, in the current state, the reconciliation of rights – the right to health and that of free movement – requires the consideration of proportionality factors which only the health authorities will be able to correctly assess.

He went on to write that the “the non-renewal of the state of emergency is excellent news and, at the same time, a reward and a note of hope for all of us.  However, the fight against the SARS-CoV-19 virus is not over and no one can afford to let their guard down.”

Regarding the intention of the Regional Government to maintain curfew in a state of calamity scenario, the representative of the Republic said that “limits or restrictions on circulation and sanitary fences are two of the measures that the Civil Protection Law admits can be adopted in a State of Calamity, for this reason, mandatory curfews cannot be ruled outright, even though they are a restriction of freedom of movement.”

Samantha Gannon

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