Las restricciones de derechos en virtud del principio de salud pública no pueden justificarse de forma genérica

The judgement of the European Court of Justice that we comment in this article allows to request a higher degree of rigour to those who intend to support their position invoking the principle of protection of public health. In this article we analyze Spanish and EU case-law that have modelled the principle of protection of public health, and which has defined the limits of its application. We complete this analysis with a detailed explanation of the judgement and of the ideas that may be extracted from it in connection with the standard of motivation that one may request to those who may wish to justify their decisions relying on the principle of protection of public health.