Adoption of the unprecedented precautionary measure for the supply of PPE to the Generalitat-Mossos d'Esquadra Police against COVID-19: fumus boni iuris, danger due to procedural delay, suitability, necessity and proportionality

Abstract

The purpose of this research work is to analyze the Order of the Chamber for Social and Labour Matters of the Superior Court of Justice of Catalonia (Barcelona) dated 2 April 2020 that has adopted the unprecedented precautionary measure to respond to the demand for urgent and immediate providion to the Police of the Generalitat-Mossos d'Esquadra of: PPE, planning for training in the use of PPE, COVID-19 tests and the implementation of processes of decontamination and elimination of used materials and the daily disinfection of work centres and vehicles. This is based on the regulations for the prevention of occupational risks recognised internationally, in the EU, in the EEC and nationally, as well as on the basis of the principle of fumus bonis iuris (the likelihood of success based on the merit of the case), the danger of procedural delay, suitability, necessity and proportionality.