TC dictates that the Congress Locksmith during the pandemic violated the rights of deputies

The Constitutional Court has estimated on Tuesday the VOX APPARATION Appeal against the agreements of the Table of the Congress of the deputies of March 19, 202

TC dictates that the Congress Locksmith during the pandemic violated the rights of deputies

The Constitutional Court has estimated on Tuesday the VOX APPARATION Appeal against the agreements of the Table of the Congress of the deputies of March 19, 2020, where it was agreed to reduce the activity of the lower house during the toughest weeks of the pandemic. The sentence has come forward with six votes in favor and four against, as indicated by legal sources to the world.

They showed supporters of giving the reason to Vox, together with the rapporteur Antonio Narváez -which at first he was in favor of dismissal-, Magistrates Andrés Ollero, Ricardo Enríquez, Pedro González-Trevijano, Encarnación Roca and Santiago Martínez Vares .

They voted against the magistrates of the progressive sector, Juan Antonio Xiol, María Luisa Balaguer and Cándido Conde-Pumpido, plus the President, Juan José González Rivas.

The judgment considers that the statement of the alarm state can not in any case interrupt the functioning of any of the state constitutional powers and, in a particular way, the Congress of the Deputies. Consequently, the decision of the Bureau temporarily ceased the processing of parliamentary initiatives of the appellants, injuring their right of political participation.

In the operative part of the resolution, whose integral content will be notified in the coming days, the right of parliamentarians is restored and the nullity of the agreements of the Congress Bureau of March 19, 2020 that provided the following: " The Table of the Congress of the Deputies, on March 19, 2020, has agreed to suspend the computation of the regulatory deadlines since March 19 March 19 on March 19 suspension".

In addition, the Guarantee Court also declares the nullity of the Agreement of the Bureau of March 21 last year where the request for reconsideration presented by the Training of Abascal against the previous agreement was dismissed.

In its appeal, VOX argued that the initiatives they presented in the lower chamber to control government action during the first state of alarm were not processed because the Bureau suspended the computation of deadlines for the aforementioned parliamentary initiatives.

The party argued that the parliamentary control of the Executive remained absolutely "regarded" during the Congress's hill because the Bureau agreements supposed "devastating" with the rights of the minority in the Congress of the Deputies, from which the Deputies of the Abascal Party.

During the processing of the Amparo, both the Fiscal Prosecutor and the State Advocacy proposed to dismiss VOX claim by understanding that, although the parliamentary activity suffered a paron, it was processing of certain issues such as, for example, approval and Extension of alarm states in Congress's full.

He has not attended the plenary because of illness the magistrate Alfredo Montoya, indicates sources of the organ.

The Plenary has begun on Tuesday to deliberate on the constitutionality of the Revisable Permanent Prison. During his speech, the Vice President of the Organ, Encarnación Roca, rapporteur, has validated the constitutionality of the measure, although proposing to specify a mechanism for prisoners who access probation, and see after being revoked, they can access to a new review of your procedural situation.

Legal sources explain that the first exhibitions of the magistrates - have only the rapporteur and the Magistrates María Luisa Balaguer and Cándido Condeus have already reflected that there is a strong division among the supporters of dismissing the remedy of unconstitutionality of the parliamentary groups And those who believe that the revisionable permanent prison is clearly unconstitutional.

The most controversial aspects of the measure, which will continue to review the full Wednesday, are if it violates Articles 15 and 25 of the Constitution and the principle of social reintegration, if it is provided that the established security period is 25 years and, if Once the condemnation review has been granted, there are sufficient mechanisms in the Criminal Code so that prisoners who access probation, and are revoked, may have a new revision of this situation in a reasonable time.

Updated Date: 08 October 2021, 10:50

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