The Constitutional Court (TC) considers that the closure of Parliament during the first confinement violated the rights of the deputies to exercise their legislative task and control the Government.

This is considered by a majority of magistrates of the TC in light of the deliberation developed this week on the appeal for protection presented by the deputies of Vox. The appeal was directed against two decisions of the Board of Congress, then chaired by the socialist Meritxell Batet. One, of March 19, 2020, closed the activity of the Chamber; and another, of April 21, rejected the allegations against the first decision.

The proposal that the rapporteur of the case, the magistrate

Antonio Narváez

, took to the Plenary session this week dismissed the appeal for protection.

However, that position remained in a minority compared to the position of the judges of the conservative bloc, in which he is included.

Finally, it was agreed that the magistrate should prepare a new sentence proposal that would include the thesis of the majority opposed to the closing of the Lower House.

The sentence will consider void the two agreements of the Table that, according to Vox, supposed "to hand over the Chamber to the Government and curtail the possibility of exercising the representation of the Spanish and the opposition function."

The sentence, which is expected to be voted on in the next plenary session, comes after the TC had already harshly corrected the Government for imposing restrictions that were not possible under the state of alarm. Its intensity demanded that the figure of the state of exception be used, which, as the magistrates highlighted, entailed a more intense control of the Government by Congress.

This new sentence will add to that reproach for the lack of control of the Lower House during the first phase of the pandemic.

In addition, the Constitutional Court also plans to declare the second confinement contrary to the Magna Carta, again for evading the parliamentary control of the Government.

In this case, for the six-month extension of the state of alarm without the measure having to be periodically ratified, as well as the delegation in the autonomous communities of the powers on the restriction of rights.

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