Direct Coronavirus crisis
First sentence "A rule that supposes the suspension of the right, proscribed in the state of alarm"
Justice The magistrates of the TC believe that the confinement of the Government required more control of the Parliament
The
Constitutional Court
this Thursday declared unconstitutional several aspects of the second state of alarm decreed by the Executive of
Pedro Sánchez
in a sentence that represents a new setback for Moncloa.
According to legal sources advance to EL MUNDO, the court of guarantees considers that the six-month extension of the alarm was unconstitutional, as the Congress of Deputies did not exercise periodic control over this measure. The High Court has understood that this sole extension was unfounded and forced Parliament to resign from carrying out the control function of the Executive Power. In other words, the Constitutional Court believes that the Lower House was deprived of one of its main functions established in the Magna Carta.
In addition, the court of guarantees also declares unconstitutional the delegation of central power in the autonomies, to which the Government granted full powers to limit the fundamental rights of citizens, that is, the so-called
co-governance
during the pandemic established in Royal Decree 926 / 2020, of October 25, through which the second state of alarm and the delegated power of the autonomous communities were approved.
The ruling, a presentation by magistrate
Antonio Narváez
, has had the favorable vote of six magistrates of the body and the vote against the magistrates of the block
Juan Antonio Xiol, María Luisa Balaguer, Cándido Conde-Pumpido,
to whom the President
Juan José González Rivas.
In this way, the TC partially upholds the unconstitutionality appeal filed by Vox, a political party that defended that during the term of the second state decreed by Covid-19, articles
17
,
19
,
21
and
25
of the Constitution
were violated
.
According to the criteria of The Trust Project
Know more
constitutional Court
Coronavirus
Pedro Sanchez
Justice
JusticeThe Government orders to return all the fines of the first state of alarm due to the coronavirus when it is declared unconstitutional
JusticeThe TC rules that the bolt of Congress during the pandemic violated the rights of the deputies
Basque Country The Basque Government will return some 1.6 million for all fines paid in the first state of alarm to avoid "discrimination"
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