The CT rejects annuling the preamble of the law that accuses the PP of dismantling freedoms but criticizes his partisan intention

The Plenary of the Constitutional Court has unanimously agreed to inadmit the appeal of unconstitutionality of the PP against the preamble of the Law that last

The CT rejects annuling the preamble of the law that accuses the PP of dismantling freedoms but criticizes his partisan intention

The Plenary of the Constitutional Court has unanimously agreed to inadmit the appeal of unconstitutionality of the PP against the preamble of the Law that last April decriminalized the coerciones of the picketing.

The exhibition of reasons for that norm affirmed that the PP had initiated "a constant and systematic process of dismantling of freedoms and especially those that affect the public manifestation of disagreement with government economic policies."

The magistrates respond to the resource that "the preambles of the laws at the lack of regulatory value can not be the subject of an unconstitutionality recourse," and remember the previous constitutional doctrine that already reflected that thesis.

Both the PP and VOX tried during the parliamentary processing that the drafting was modified, without success. In its remedy of unconstitutionality against the exhibition of reasons - not against the articulate of the standard -, the PP affirmed that "it seems rather a pretext to criticize a certain political party than to explain a legislative initiative."

They added that paragraphs against the PP were not related to the norm itself, which was limited to withdrawing from the Criminal Code a specific article that punished the coercion of the pickets in strike days. And that in any case it was false as affirmed, because the reform that in 2015 had made the PP of that article maintained the previous wording in the essential and lowered the penalties.

The PP knew the doctrine of CT on the impossibility of resorting the exhibitions of reasons by themselves. Therefore, it also argued that "a use of the legislative power had been made for a purpose other than the constitutionally foreseen" and that this purpose "could be described as a deviation of power."

He also held that a law, when repealing another, "can express the reasons why the previous conformation of the popular will was not the most appropriate then, or is not under the new circumstances, but can not do so for being defended by A political party that at a given moment could articulate a majority that can no longer do it ".

Despite all the arguments, the full TC refuses to study the resource. Remember that it has only canceled parts of standards preamble when they were directly related to some precept also appealed that it was considered unconstitutional, which is not the case.

"The application of the consolidated constitutional jurisprudence that has been exposed determines that, by autonomously challenged the preamble of Organic Law 5/2021 and lack the preambles of laws of a regulatory nature, the resource of unconstitutionality must be unnoticed," says the court .

Even so, the car reveals the displeasure of the magistrates to that style of statement of reasons. They explain that their decision is adopted, "regardless of the political intention and even partisan that can be attributed and critical that the use of a legislative preamble for such purposes may deserve from the perspective of constitutional culture."

The legal reform was supported by PSOE courts, we can, ERC, EH-Bildu, Junts, PDecat, Cup, more country-Equo, BNG, Compromis, Teruel exists and New Canary Islands.

The sentence has the particular vote of magistrate Andrés Ollero. It coincides that it had to be inadmited, but with another different wording. "The presence in an organic law of affirmations more of the warming of a political rally degrade, in my opinion, rules that are the highest exponent of popular sovereignty, whose deliberation I have proud to have collaborated along several lustrians", It starts OLLero.

The magistrate proposed a somewhat harder wording of the paragraph aimed at the partisan intention of the preamble and that it would have been left: "Regardless of the obvious political intention and even partisan and criticism that the use of a legislative preamble with such purposes deserves From the perspective of the constitutional culture [...] ".

The brief but abundant particular vote adds, as a Varapalo added to the current legislative, that "not rarely the so-called exhibitions of reasons are rather shows the bad awareness of its editors, unable to disguise that, rather than collecting what they consider the Law should have made it possible, do not ignore that it is far from helping to achieve it. "

OLLERO is one of the magistrates that will come out short of the TC if the announced renewal is executed. With air to take stock, the former PP deputy closes the vote as follows: "All this, outside the game object of the Atropello, whose militancy abandoned, without legal obligation, more than nine years ago, to feel more free in The exercise of the responsibilities with which the Congress of the Deputies, of which I was a member in five legislatures, had honored me; freedom that, at this point, has been for many in not a few occasions fully recognized. "

The paragraphs that the PP wanted to expel from current legislation, but that they will follow in the BOE, affirm: "With the crisis as an opportunity, since arrival at the Government of the Popular Party in December 2011, a constant and systematic process of dismantling was initiated Of the freedoms and especially those that affect the public demonstration of disagreement with government economic policies. "

"Labor reform, which practically excluded the collective bargaining of workers and that devalued or directly eliminated many of their rights, did not seem sufficient and therefore were reinforced, with direct attacks, all the measures that externalized the conflict, using the legislation. In force, [...] in the short term, and working, in the medium term, to deploy a framework of laws that suffocate the reaction, protest or resistance capacity of citizenship and trade union organizations, towards the policies of the Government".

Updated Date: 20 October 2021, 13:50

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