Direct Last minute on the coronavirus
Justice The TC rapporteur proposes declaring unconstitutional the home confinement imposed by Pedro Sánchez
The nullity of the home confinement that the Constitutional Court is studying would mean leaving without legal support the fines imposed for contravening that measure, which would therefore be annulled. The nullity would affect the procedures that are still underway, but not those that have already been definitively closed. Among those canceled would be all those that have not yet been paid. Among those that are not, those already paid in which the claim period has already passed.
During the first state of alarm, more than a million fines were imposed, part of which for breaching the movement restriction.
The most common sanction was the minimum for disobedience, of 601 euros.
In reality, those fines have already been overturned numerous times.
Some of the judges to whom the appeals reached have considered that the sanctions provided for in the
Citizen Security Law
, as proposed by the Interior
, could not be applied to breaches of confinement
.
Sometimes the Constitutional Court includes in its sentences declaring some nullity that the decision does not have retroactive effects.
It happens in cases in which the economic significance of the decision advises it.
This would not be the case, according to legal sources.
In the Vox appeal it was also considered that the article of the royal decree of the state of alarm that limited economic activity should be annulled.
The presentation that Judge
Pedro González-Trevijano
will take to the Plenary in two weeks rejects it.
It considers that in this area the limitations were not so strict as to consider that it was a suspension of rights, and not just a limitation.
The opposite would have required, as the presentation on home confinement maintains, the declaration of the state of exception.
The nullity of this limitation would have opened the door to demand financial responsibilities from the Administration that could have reached exorbitant figures.
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