NewsThe Constitutional Court proposes declaring unconstitutional the decree of...

The Constitutional Court proposes declaring unconstitutional the decree of Pedro Sánchez's first state of alarm

The Constitutional Court will analyze in plenary session on June 22 the appeal presented by Vox against the government’s state of alarm. The magistrate Pedro González-Trevijano considers the measure decreed by the Executive to be unconstitutional. In fact, this magistrate believes that the decreed measures affected fundamental rights beyond a simple limitation, so the restrictions would be more framed within a state of exception and not of alarm.

González-Trevijano’s presentation will be studied one year after Vox presented its appeal. In fact, Santiago Abascal’s own party has publicly complained about the slowness of the Constitution on numerous occasions. In the beginning, the magistrate who was speaking should not be Pedro González-Trevijano but Fernando Valdés . But the latter resigned after his arrest for a crime of ill-treatment was made public.

At the time of leaving, Valdés had already completed his presentation, but finally González-Trevijano has prepared his own , very far from Valdés’s and that he considers, as El Español has advanced, that the state of alarm is unconstitutional.

The debate

However, and despite the fact that the rapporteur considers that the decree of the state of alarm was unconstitutional, within the Court of Guarantees not all voices support this version . A group of magistrates, although they believe that the measures were exceeded, consider that the measure must be endorsed due to the extreme gravity of the situation in Spain. Therefore, the plenary session of the 22nd is expected long. There will be discussion and it may not be a unanimous ruling.

As references of the Constitutional itself are the sentences related to the crisis of the air traffic controllers that took place during the government of the socialist José Luís Rodríguez Zapatero . In the two resolutions that were adopted, what the Government did was endorsed, but in them it was recalled that it was an exceptional measure, and made an explanation about the difference between the three anticipated states: alarm, exception and siege.

In the ruling, the Constitutional Court explained that the state of alarm does not allow any fundamental right contained in the Spanish Constitution to be suspended, but that what can be done is to impose a series of limitations or restrictions on these fundamental rights.

Regarding the appeal, Vox exposed before the Court of Guarantees that the Government has not made an appropriate use of this tool that canceled, de facto, fundamental rights such as assembly and demonstration during the confinement. The Constitution reserves this possibility, exclusively, to states of siege and emergency, according to the party of Santiago Abascal .

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