The Constitutional Court does not see a gag in the 'gag law'

The Constitutional Court has endorsed the

approved by the PP in 2015 and known by its critics as the

.

Deputies of the PSOE, with Pedro Sánchez at the top of the list, brought the rule to the TC when they estimated that several of its articles violated the Magna Carta.

The aspects that have received approval affected occupations of buildings and public spaces, searches and demonstrations in front of the Courts.

The TC has dismissed the appeal except in one point, which referred to the need for a "prior authorization" to disseminate images of the members of the Security Forces to whom it was entrusted.

According to the ruling, such dissemination may be punishable, but the reference to the authorization is withdrawn as it is considered a case of "prior censorship", expressly proscribed in the Constitution.

The magistrates, on the other hand, endorse the rest of the articles by majority.

The appeal of the 97 socialist deputies -signed also by IU deputies, Chunta Aragonesista;

UPyD and Grupo Mixto- considered unconstitutional the section that considered a minor infraction "the occupation of any property, dwelling [...] against the will of its owner [...] when it does not constitute a criminal offense".

The court understands that this sanction cannot be considered "disproportionate", since the occupation is carried out against the will of the owner.

The norm also sanctions "the occupation of the public thoroughfare in violation of the provisions of the Law."

The sentence understands that it is constitutional because, despite being a sanctioning norm of the so-called "blank", the essential nucleus of the prohibition is found in the law itself and is completed with the reference to other norms that also have legal status .

In the same way, he sees no problem in the section that indicates that "the occupation of the public road for unauthorized street vending shall be understood to be included in this case."

It also gives the green light to consider as a serious offense "the serious disturbance of citizen security that occurs on the occasion of meetings or demonstrations in front of the headquarters of the Congress of Deputies, the Senate and the legislative assemblies of the autonomous communities, even if they were not meeting, when it does not constitute a criminal offense. "

For the Court, this precept "is aimed at preventing serious disturbance of citizen security on the occasion of meetings or demonstrations before the Courts from preventing the normal functioning of the parliamentary body in its different forms and compositions or causing disregard of the symbol embodied in the parliamentary seats ".

In this way, on the one hand, "the special institutional significance of parliamentary institutions" is protected, and on the other, their "normal functioning".

The norm indicates that the infraction will take place even if the Courts "are not meeting."

The TC accepts that sanctions are imposed even in those cases.

The guarantee extends to external body searches that the Security Forces can carry out.

The judgment explains that said practice "does not harm the right to bodily privacy when said searches, which may even involve partial nudity, are based on rational indications that objects are carried and can be used for the purpose of committing a crime or offense. , or to alter citizen security ".

Of course, the Court understands that this action must be based on the principle of proportionality, so that it will only proceed when it is suitable for the protection of citizen security.

Two magistrates have voted against the sentence of which the president of the TC,

,

has been rapporteur

, and whose full text will be known in the coming days.

They are

and

.

The latter has announced that it will cast a private vote.

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• constitutional Court

• UPyD

• Senate

• Pedro Sanchez

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• Justice

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