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The Catalan High Court of Justice (TSJC) has rejected the 1am to 6am curfew which had been requested by the Catalan government for 148 municipalities, and has authorized it for only 19 towns, leaving out the four Catalan capitals and the main cities of the Barcelona conurbation. Looking beyond the judges' argument - which in some cases I could even partially agree with - the underlying issue in my opinion is not how they argue it but the basic question of health: can the courts make a decision that goes against health, puts at risk the effort made to contain the fifth Covid wave and opens the doors wide to a sixth wave with the start of the school year imminent?

The reasons for containing the spread of the pandemic are clear and that is just what has been underlined by one of the most recognized of Covid-19 researchers, Alex Arenas. "Sixth wave assured," was the comment from Arenas after learning that a good proportion of the restrictions requested by the Catalan government had not been accepted. Most of the Catalan municipalities that have fallen off the original list of 148 towns proposed for curfew extension have reacted similarly over the last day.

Once the health argument has been stated, though, the TSJC's reasons should not be disdained. The court says that although the government cites medical criteria, the fact that in recent weeks it has lowered the threshold of new infections per 100,000 inhabitants in order to maintain the curfew, suggests that its decision prioritizes the upholding of security and public order. And the justice system has put it foot down, after the criterion was first lowered from 400 cases per 100,000 inhabitants, to 250 cases and now the latest proposal has sought the court's endorsement for a curfew in towns with more than 150 cases per 100,000 inhabitants.

That is why the court concludes that it must prioritize fundamental rights and freedoms, such as mobility, given the changing attitude of the government. The debate, like discussions that have taken place in other territories, is more than helpful, because in many places the courts ended up changing their initial criteria as governments used the night-time curfew in ways that were variable and prolonged over time.

We will see how the Generalitat reacts, and in particular, what the presidency and health ministries have to say in the coming days - as well as how the municipalities cope with this new situation that could lead to further extremely complex issues in those towns with beaches - because we have already seen that the sudden re-opening after measures had kept activities closed and barred ended up having negative consequences in the medium term. Now, the June festivals of Sant Joan and other key dates back then are long gone, but their consequences - of all kinds, fundamentally economic - have been more than obvious this summer.