The Constitutional Court has declared an unconstitutional Wednesday by six votes to four several aspects of the second alarm state decreed by the Executive of Pedro Sánchez in a sentence that represents a new Varapalo for the Moncloa.
According to legal sources to the world, the Tribunal of Guarantees considers that it was unconstitutional the extension of six months of the alarm as a periodic control by the Congress of the Members on this measure had not been exercised.
The High Court has understood that this only extension was unfounded and forced Parliament to renounce carrying out the control function to the Executive Power. In other words, the Constitution believes that it was disappointed to the lower house of one of its main functions established in the Magna Charter.
The sentence explains that what deserves constitutional censorship is not the duration of the extension, by itself and without furthermore, but the non-reasonable or unfounded nature, seen the agreement adopted by Parliament as a whole of the decision by which it was set This term
Therefore, the temporary determination of that six-month extension was carried out in an inconsistent integer, with the constitutional sense that is proper to the act of authorization and without any coherence, even, with the reasons that the Government asserted to urge the Extensive extension granted.
In addition, the TC emphasizes that the extension was authorized when the limiting rights of rights included in the request were not immediately applied by the Government, since its implementation was implemented to what the presidents of the Autonomous Communities decide, So that authorization was noticed without knowing what measures were to be applied to combat the Covid-19 pandemic.
In addition, the Tribunal of Guarantees also declares unconstitutional the delegation of the central power in the autonomies, to which the Government granted full powers to limit fundamental rights of citizens, that is, the denominator during the Covid-19 pandemic established in the real Decree 926/2020, of October 25, through which the second state of alarm and the delegated power in the Autonomous Communities was approved.
The judgment reproaches the Executive who was permanently agreed upon by the delegation without reservation of effective supervision or the eventual avocation to the Government, of what the delegated authorities could act in their respective territorial areas
The ruling, presentation of Magistrate Antonio Narváez, has had the favorable vote of six magistrates of the organ and the vote against the magistrates of the bloc composed by Juan Antonio Xiol, María Luisa Balaguer and Cándido Conde-Pumpido, who has been Added by the President, Juan José González Rivas.
In this way, TC partially estimates the resource of unconstitutionality brought by VOX, a political party that defended that during the validity of the second state of alarm decreed by the COVID-19 Articles 17, 19, 21 and 25 of the Constitution were violated.
Last July, the Guarantee Court declared the unconstitutionality of the first state of alarm by understanding that there was no limitation of the fundamental rights of citizens during confinement in the first months of pandemic but a suspension thereof. In the opinion of the Constitution, this circumstance should have taken the government to decree the state of exception.
For its part, sources of full explain that the debate of the 10 magistrates has focused on Wednesday in the judgment of the State of Alarm and that at the meeting of this Thursday will be when addressing the Amparo Resource of the Former President of the Catalan Parliament Carme Forcadell against the sentence of the Supreme Court that condemned her by 1-o.
Date Of Update: 27 October 2021, 20:23
