[NEWS] The Constitutional Court admits Vox's appeal against the decree of the state of alarm

[MRO.YeDrA]

The Constitutional Court has accepted the appeal of Vox against the royal decree of the state of alarm and the three subsequent extensions to deal with the coronavirus pandemic.
 

In their first non-face-to-face plenary session in history, the magistrates have agreed in an order to admit the appeal of the party chaired by Santiago Abascal by complying with all the formal requirements, which does not imply for the moment any pronouncement, it only opens its way in the court.
 

In addition, the Constitutional Court has also admitted the appeals of Vox and PP against the decree that allows the second vice president, Pablo Iglesias, to be part of the CNI commission.

MATTER OF GREAT LEGAL SETTLEMENTTHE.

Specifically, articles 7, 9, 10 and 11 of the royal decree of March 14 will be reviewed, declaring the state of alarm, the royal decrees approving their successive extensions, as well as the order of the Ministry of Health for which establishes exceptional measures in relation to funerals and funeral ceremonies to limit the spread and contagion by COVID-19.
 

The magistrates have issued an order in which they order to transfer the application and documents presented to Congress, the Senate and the Government so that they can appear and make allegations. It is a matter of great legal significance and of wide political repercussion, since the appeal will be against the entire decree of the state of alarm as a whole.
 

The presentation was made by Fernando Valdés, who will analyze the matter in the coming months. The Constitutional Court opens the way after the Supreme Court made clear in a recent resolution its lack of jurisdiction to address an issue that is the competence of the Court of Guarantees.DECLARED.

THE STATE OF EXCEPTION SHOULD HAVE BEEN DECLARED ACCORDING TO VOX.
 

With his appeal, Vox wants to determine if the government's actions constitute "a flagrant violation" of the Constitution by using the state of alarm "abusively and unjustifiably" and violating fundamental rights of citizens.
 

Its spokesman, Jorge Buxadé, argued that the state of alarm only allows limiting the free movement of people and stressed that, if the Government intended to suspend fundamental rights, "as it has done", it should have opted for the state of emergency and request authorization from the Congress from the first moment. Vox points out that the rights to assembly, demonstration and education have been violated.
 

In addition, the court has also unanimously admitted the appeals filed by more than 50 PP senators and more than 50 Vox deputies against the decree that allows the second vice president to be part of the commission that evaluates the intelligence services, in whose meetings it participates since February.
 

The PP leader, Pablo Casado, indicated that he did not find it "decorous" to include in the royal decree an issue "as sensitive" as the "demand" of Iglesias to guarantee his presence in the commission of the National Intelligence Center (CNI), while Vox sees it as a "trick" used by the Executive to "shield" Iglesias in that commission.

Edited May 7, 2020 by MRO.YeDrA