En nu ook in de pers :
https://www.eldiario.es/politica/co...r-restricciones-final-pandemia_1_9046075.html
https://andaluciainformacion.es/and...os-tsj-tuvieran-que-avalar-las-medidas-covid/ :
Spain Gov't Covid Response Plans Were All Illegal:
(As is typical with the current Socialists running the Spanish national gov't, they force their dubious plans on the public regardless of if these are legal, then after implementation, they leave it to the courts to clean up their mess. -Ed.)
-The Constitutional Court has annulled and declared unconstitutional the reform of the Executive of Pedro Sánchez that left in the hands of the High Courts of Justice (TSJ) the judicial endorsement of the health restrictions, approved by the regional governments, when the states of alarm expired.
-This is another new blow to the Government's management of the pandemic, as the TC court previously declared the two states of alarm unconstitutional, as well as the suspension of parliamentary activity during the first weeks of the first one.
-The Plenary of the Court of Guarantees has thus upheld the question of unconstitutionality raised by the High Court of Justice of Aragon in relation to art. 10.8 of the Law on contentious-administrative jurisdiction, modified by the second final provision of the Law on procedural and organisational measures to deal with the covid-19 in the field of the Administration of Justice. The ruling was approved by a majority of seven to four, with the dissenting votes of judges María Luisa Balaguer and Inmaculada Montalbán and judges Cándido Conde-Pumpido and Ramón Sáez.
-The precept attributed to the High Courts of Justice of the autonomous communities the competence for judicial authorisation or ratification of the measures adopted by regional governments and local entities, which imply the limitation or restriction of fundamental rights. However, the Constitutional Court's judgement, with magistrate Enrique Arnaldo presiding, points out that this modification violates the constitutional principle of separation of powers, by attributing to the judicial bodies of the contentious-administrative order functions that are alien to their constitutional mission. And, furthermore, to the detriment of the regulatory power that the Constitution attributes to the executive power, without conditioning it to the complement or authorisation of the judges or courts in order to enter into force and become effective, with publication in the corresponding official gazette being sufficient for this purpose.
-The TC states that the regulatory power is attributed by the Constitution to the executive power in an exclusive and excluding manner, so it is not possible for the legislator to convert it into a power shared with the judiciary, which is not co-governing.
-Thus, the resolution points out that this unconstitutional formula of powers also violates the principle of effectiveness of administrative action and makes it difficult to demand political and legal accountability from the executive in relation to its general health provisions.
-It also violates the constitutional principles of publicity of the rules and legal certainty, given that the judicial decisions authorising these restrictions are not published in the corresponding official gazette, which makes it difficult for citizens to find out about them.
-For their part, the four progressive magistrates incorrectly held that the Government's reform has express constitutional coverage, does not affect the separation of powers, judicial independence or the effectiveness of regulatory power. Source, Spanish: https://andaluciainformacion.es/and...os-tsj-tuvieran-que-avalar-las-medidas-covid/
https://www.eldiario.es/politica/co...r-restricciones-final-pandemia_1_9046075.html
https://andaluciainformacion.es/and...os-tsj-tuvieran-que-avalar-las-medidas-covid/ :
Spain Gov't Covid Response Plans Were All Illegal:
(As is typical with the current Socialists running the Spanish national gov't, they force their dubious plans on the public regardless of if these are legal, then after implementation, they leave it to the courts to clean up their mess. -Ed.)
-The Constitutional Court has annulled and declared unconstitutional the reform of the Executive of Pedro Sánchez that left in the hands of the High Courts of Justice (TSJ) the judicial endorsement of the health restrictions, approved by the regional governments, when the states of alarm expired.
-This is another new blow to the Government's management of the pandemic, as the TC court previously declared the two states of alarm unconstitutional, as well as the suspension of parliamentary activity during the first weeks of the first one.
-The Plenary of the Court of Guarantees has thus upheld the question of unconstitutionality raised by the High Court of Justice of Aragon in relation to art. 10.8 of the Law on contentious-administrative jurisdiction, modified by the second final provision of the Law on procedural and organisational measures to deal with the covid-19 in the field of the Administration of Justice. The ruling was approved by a majority of seven to four, with the dissenting votes of judges María Luisa Balaguer and Inmaculada Montalbán and judges Cándido Conde-Pumpido and Ramón Sáez.
-The precept attributed to the High Courts of Justice of the autonomous communities the competence for judicial authorisation or ratification of the measures adopted by regional governments and local entities, which imply the limitation or restriction of fundamental rights. However, the Constitutional Court's judgement, with magistrate Enrique Arnaldo presiding, points out that this modification violates the constitutional principle of separation of powers, by attributing to the judicial bodies of the contentious-administrative order functions that are alien to their constitutional mission. And, furthermore, to the detriment of the regulatory power that the Constitution attributes to the executive power, without conditioning it to the complement or authorisation of the judges or courts in order to enter into force and become effective, with publication in the corresponding official gazette being sufficient for this purpose.
-The TC states that the regulatory power is attributed by the Constitution to the executive power in an exclusive and excluding manner, so it is not possible for the legislator to convert it into a power shared with the judiciary, which is not co-governing.
-Thus, the resolution points out that this unconstitutional formula of powers also violates the principle of effectiveness of administrative action and makes it difficult to demand political and legal accountability from the executive in relation to its general health provisions.
-It also violates the constitutional principles of publicity of the rules and legal certainty, given that the judicial decisions authorising these restrictions are not published in the corresponding official gazette, which makes it difficult for citizens to find out about them.
-For their part, the four progressive magistrates incorrectly held that the Government's reform has express constitutional coverage, does not affect the separation of powers, judicial independence or the effectiveness of regulatory power. Source, Spanish: https://andaluciainformacion.es/and...os-tsj-tuvieran-que-avalar-las-medidas-covid/
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