The Constitutional Court is going to study within two weeks a proposal for a sentence declaring unconstitutional the state of alarm that the Government activated in March of last year.

The proposal that the rapporteur on the matter, Judge Pedro González-Trevijano, will take to the plenary session that begins on June 22, includes several objections to the royal decree of the Pedro Sánchez Government.

The first, that the restriction of fundamental rights imposed was so intense that it required the application of a state of exception, a degree beyond the state of alarm.

The magistrate, belonging to the majority conservative bloc in the court, considers in particular that the imposed home confinement was not feasible under the state of alarm, foreseen for a limitation of rights, but not for the suspension that de facto occurred.

As reported by

El Español

and confirmed by EL MUNDO, the text that the Plenary will address adds that the indeterminacy of restrictions that were raised is not acceptable either, since the Minister of Health was empowered to modify the measures, which on the contrary should have been been clearly specified in the royal decree.

Specifically, Health was allowed to "modify, expand or restrict the measures, places, establishments and activities" to which limitations were applied.

The sentence responds to an appeal of unconstitutionality presented by Vox.

Initially, the presentation of the matter had fallen to the magistrate of the progressive bloc Fernando Valdés, who ended up leaving the court after a complaint for mistreatment.

The sentence will come when the first appealed state of alarm and its extension have concluded.

Even so, court sources indicate that it will serve to specify how the public powers can act in the future when they want to apply the so-called exceptional legislation.

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