The Spanish government maintains that the order regarding the prohibition of smoking outdoors where safe distance cannot be guaranteed and the closure of nightlife establishments did not have to be published in the Official Bulletin. This was because it was an administrative action directed at the regions. As regional governments have competence for these measures in their territories, it is they who have to officially publish them.
The government also says that these measures were "proportionate" in seeking to prevent the spread of the disease. They were in accordance with public health legislation, while the provisions for the different regions are binding.
These statements from the government follow the ruling of a court in Madrid. This annulled the order regarding these measures that was issued by the Madrid regional government, justifying this on the basis that it was "null and void", as the order had not been published by the government in the Official Bulletin.
The government goes on to explain that there was unanimous agreement for the order at a meeting of the Interterritorial Council. All regional governments would therefore proceed, in a "coordinated" manner, to close nightlife establishments and to prohibit smoking on the public way where there was not safe distance.
The regional government in Madrid was given fifteen days to appeal against the court's ruling.