Just declaring a "State of Emergency" and implementing the lockdown without going through the parliament was unconstitutional. The right way would have been to declare "State of Exception" and have the parliament vote on the rules. Also the court said that businesses and people who lost money can't sue the government. Only people who were fined for breaking the rules can sue to get their money back.
"While upholding most terms of the state of emergency, the court said provisions ordering the population off the streets except for shorts shopping trips, unavoidable work commutes and other essential business violated Spain’s Constitution.
The court issued a brief statement that described the ruling as a split decision. State broadcaster TVE said six magistrates were in favor and five against."
Note that the court said how the lockdowns were implemented was unconstitutional.
https://www.bbc.com/news/world-europe-57838615
Just declaring a "State of Emergency" and implementing the lockdown without going through the parliament was unconstitutional. The right way would have been to declare "State of Exception" and have the parliament vote on the rules. Also the court said that businesses and people who lost money can't sue the government. Only people who were fined for breaking the rules can sue to get their money back.
But Spain is restarting its lockdown now.. and they're deemed unconstitutional?
From the article:
"While upholding most terms of the state of emergency, the court said provisions ordering the population off the streets except for shorts shopping trips, unavoidable work commutes and other essential business violated Spain’s Constitution.
The court issued a brief statement that described the ruling as a split decision. State broadcaster TVE said six magistrates were in favor and five against."