Court does not admit appeal action against Public Health resolution requiring vaccination card
The Third Chamber of the Superior Administrative Court (TSA) declared inadmissible a safeguard action filed against the Public Health resolution that requires showing the Covid 19 vaccine card, with at least two doses, to enter enclosed public and private places.
The court, chaired by Judge Luisa del Carmen Canaán, established that the safety action does not proceed because there are other effective ways to protect the fundamental rights that the plaintiffs invoke that were violated with the resolution.
He considered that the effective way is the contentious-administrative appeal before that same court.
The decision is based on Article 70, numeral 1, of law 137-11, organic of the Constitutional Court. Accordingly, the court accepted the means of inadmissibility raised by the Administrative Attorney General’s Office.
The ruling was unanimously adopted by Judges Luisa del Carmen Canaán, president of the court, Silvia Rosario Almonte, and Jeny Rodríguez Lora.
The safeguard action was filed by lawyers Yancarlos Martínez, Eli Barbi Castro, and Cirilo Guzmán against the Presidency of the Republic and the Ministry of Public Health.