Presented to the National Court, the appeal challenges a central government decree which allows for the imposition of restrictions on the capital and nine other nearby towns to slow the spread of the virus.
The new measures, which will mean 4.5 million people cannot leave the city, or their town, except for work, school or medical/legal reasons, will come into force at 10pm.
The decree, which outlines conditions for restrictions in areas where the virus is spreading rapidly, was agreed on Wednesday at talks between the health ministry and most of Spain's 17 regions, who are responsible for managing the pandemic.
In reality, Madrid is the only region where the restrictions will apply given it is struggling with a rate of 730 cases per 100,000 people, compared with just 300 per 100,000 in the rest of Spain — which in itself is the highest in the European Union.
The region's rightwing government, however, voted against the move but has said it will implement the measures while denouncing them as “not legally enforceable” and pledging a court challenge.
? La Comunidad de Madrid ha interpuesto un recurso ante la Audiencia Nacional frente a la Orden Comunicada del Ministro de Sanidad, de 30 de septiembre de 2020.
— Comunidad de Madrid (@ComunidadMadrid) October 2, 2020
In the first few days, police will not be issuing fines until the new restrictions are validated by a regional court.
Spanish experts warned the measures were too little, too late and would be very difficult to implement.
“For all epidemiologists, these restrictions are coming very late, they should have been put in place much earlier, by the start of September,” said Salvador Peiro of FISABIO, a healthcare research organisation in the Valencia area.
Closing off the perimeter was a measure which was “very easy to implement in certain towns but very hard in large cities” such as Madrid, he said, pointing out that hundreds of thousands of people travel every day, often on public transport, to work in nearby towns.
Fernando Garcia, an epidemiologist at the Madrid public health association, expressed surprise they “did not include a recommendation to work from home” as during the three-month lockdown that started in March.
And he thought the restrictions on seating capacity in bars and restaurants — reduced to 50 percent indoors and 60 percent at terraces — should have been greater.
Others said merely reducing mobility was not enough given the scarcity of track-and-trace resources, with the Madrid authorities urgently requesting military help.
The partial lockdown is far less stringent than the one imposed across the country in March and April, which was one of the toughest in the world.
Back then, people were only permitted to leave home to go shopping, to work or for medical reasons and were not initially allowed out for a walk or to exercise.
This time, residents will be able to circulate freely within the city, or their town, although bars and restaurants must operate with limited opening hours and seating capacity.
The virus has now killed nearly 32,000 people in Spain and has infected around 760,000.