Tuesday, June 28

The Constitutional Court knocks down the shielding of Iglesias in the CNI commission as unconstitutional




The Constitutional Court (TC) has knocked down the armor of the already former vice president this Thursday Pablo Iglesias in the Parliamentary Commission that controls the CNI. As ABC has learned, the Plenary has thus estimated the appeal that Vox presented against the additional provision of the royal decree of economic measures to face the Covid-19 that introduced Iglesias through the back door in that commission. The decision, which has had the private vote of Cándido Conde-Pumpido, also affects the Chief of Staff of the Presidency of the Government, Iván Redondo, also included in that provision.

The sentence, of which the magistrate Pedro González-Trevijano has been rapporteur and of which only the ruling has transcended, considers that This inexcusable presupposition, the extraordinary urgency and necessity, which enables the Government to resort to the legislative instrument of the decree-law, bypassing the ordinary or emergency legislative procedure, to regulate said appointment.

The magistrates consider that the Government did not justify the extraordinary urgency of this measure in the procedure for preparing the standard; nor is it consistent with the general reasons that determined the approval of that royal decree. This provision contemplates a series of economic, social and health measures aimed at immediately addressing the consequences caused by the COVID-19 pandemic, and “It is not possible to determine the connection of meaning that could exist between the circumstances triggered by the pandemic, and the modification of the composition of the Delegate Commission of the Government for Intelligence Matters, which led to the integration into it of the then Second Vice President of the Government. “This is the essential reason that determines the violation of the constitutional precept in question.

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In your resource, Abascal’s party described the method used as a “trick” to include the already ex-leader of Podemos in this parliamentary body. And this is because the Council of Ministers already approved in February 2020 a decree that regulated the members of the CNI delegate commission to give the President of the Government, Pedro Sánchez, the opportunity to include the positions of the Administration that he considered appropriate. That decree was appealed by Vox and later, according to the appeal filed before the TC, the Government tried to circumvent this resource including the modification of the composition of the commission delegated to the CNI in the decree law which includes all the measures approved last week by the Council of Ministers to alleviate the consequences of the coronavirus.

The party led by Santiago Abascal defended in its second appeal, the content of which is now being studied by the Constitutional Court, that royal decrees have to obey a circumstance “of extraordinary and urgent necessity”, a requirement that the Covid-19 does meet but “in no case an issue unrelated to the health crisis, such as the presence of the Podemos leader in the CNI Commission.” The second additional provision included by the Government reads as follows: «The Commission will be chaired by the Vice-President of the Government designated by its President, and composed of the Vice-Presidents appointed by the President of the Government, the Ministers of Foreign Affairs, European Union and Cooperation, and of Defense, the Minister of the Interior, and the Minister of Economic Affairs and Digital Transformation, as well as the Director of the Cabinet of the Presidency of the Government, the Secretary of State for Security and the Secretary of State of the National Intelligence Center, who will act as Secretary”.

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This is the text that had been appealed by Vox before the Constitutional Court, “to prevent the Government from taking advantage of a circumstance as serious as the current one to shield a personal aspiration for power,” as argued. Vox believes that the Executive of Pedro Sánchez took the opportunity to “fill the aspiration for power” of his second vice president by taking advantage of “the confusion and concern” generated by “the social and economic ravages caused by the coronavirus.”

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