“In the hands of judges”. Limitation of rights in pandemic and judicial review in Spain

The health crisis caused by COVID19 has severely affected the exercise of many fundamental rights. The authorities have been forced to adopt measures that restrict rights abruptly and unexpectedly, in many cases without sufficient legal coverage. In Spain there have already been some judicial decisions on these limitations that allow the extraction of certain guidelines. Our analysis has focused on the decisions of the ordinary courts of higher hierarchy on the affectation of the right to free movement, the right of assembly and the right to vote. We have found disparate and even contradictory decisions, but in any case the balancing and proportionality judgment have served to resolve the conflicts that have arisen. Pending a more enveloping pronouncement by the Constitutional Court, the guarantee and effectiveness of our rights is, today more than ever, in the hands of the judges.