Ratificación judicial de la implantación del certificado Covid como una medida de control sanitario: ¿cara o cruz?

Since the unleashing of the health crisis caused by the Covid-19 virus, the right of necessity has flooded the legal landscape, allowing for a deepening of the principles and limits governing its extraordinary implementation. Thus, following the end of the state of alarm on 9 May 2021, the Autonomous Communities have made use of the legal instruments available to them to try to control and halt the spread of the virus. Thus, recently, the digital Covid certificate has become an (apparent) ally in the management of the health crisis, with the aim of avoiding more restrictive measures (such as the closure of establishments), or measures that limit fundamental rights and freedoms (such as the general confinement of the population). However, the judicial ratification of this measure has had different responses, both by the High Courts of Justice, as well as by the Supreme Court itself, which have ruled on whether the necessary characteristics of suitability, necessity and proportionality have been met.