Tuesday, January 25

The Government approves a reform so that the Supreme Court unifies doctrine and there are restrictions without a state of alarm




The Government has approved a Royal Decree that modifies the law on administrative litigation to enable the possibility to appeal the orders of the superior courts of justice from each autonomous community to Supreme court, thereby seeking a rapid unification of doctrine that allows regional governments continue taking restrictive measures without being in force the state of alarm, which will cease to be in force as of May 9. From the Executive it is transferred that there have been conversations with the Supreme Court in order to propose this reform.

According to government sources, in practice “everything remains the same”. In the sense that the Government defends that the autonomous authorities may take measures requesting authorization from the higher courts of justice in each region. «What is created is a appeal summary to the Supreme Court to unify doctrine, “they explain from La Moncloa.

At the press conference, the first vice president, Carmen Calvo, defended leaving behind the state of alarm despite the fact that “it has helped us a lot”, and defending that it is a “prerogative of exceptional state.” Calvo has defended that with this reform many measures can be taken, “even those that affect fundamental rights and public freedoms.”

Calvo explained that this RDL contemplates a cassation appeal against the resolutions of the TSJC and the National Court “so that in record time the third chamber of the Supreme Court unifies doctrine.” The vice president has transferred that this measure serves to «Reassure» the regional executives. The Government defends that in this time the courts “have helped”, but in some cases, when there was no state of alarm as is going to happen now, some higher courts overthrew decisions of the regional governments. In the Government they defend that this mechanism will avoid problems like those that happened with the Supreme Court of the Basque Country.

The Government now seeks regional governments to apply measures based on the health laws of 1986 (General Health Law) and 2011 (General Public Health Law). If the Supreme Court rejects any of these measures, the reform approved today proposes that the Third Chamber of the Supreme Court pronounce itself urgently within a maximum period of five days. The first vice president has defined it as a “jurisdictional innovation” that will provide “legal certainty” to the regions: “We have to be calm, the autonomous governments can continue to propose important measures, with the guarantee of protection and equality for all who offers the Supreme Court ”.

The Government had been sliding towards such a model, ensuring that the autonomies would have sufficient instruments to act. Of course, the Executive transferred that the curfew did require a State of Alarm. Today Calvo said that in order to apply “a generalized curfew throughout the territory” that figure is essential. But he has defended that the Autonomous Communities “can justify, argue, propose, decide situations that limit rights and freedoms but subject to the corresponding judicial authorization”

The Government justifies the reform on the need for all regions to have “the same elements of judgment” so that “if there is a discrepancy, the Supreme can unify for all and for all.” The Government defends that this measure provides “an umbrella of tranquility” to regional governments that had doubts as to whether they could take measures without a state of alarm: “The Government understands that it is more reasonable, modulated and proportional” to act with basic health legislation in a time when the epidemiological reality very different in each territory.

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