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The PSOE supports that charges that disobey the Constitutional Court cannot be suspended

Tuesday, 23 March 2021 – 19:45

The socialists refuse to end the previous appeal of unconstitutionality but see with good eyes reducing the sanctions

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The PNV deputy Mikel Legarda intervenes during the plenary session of the Congress of Deputies.

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The PSOE announced this Tuesday that it would support the admission to parliamentary processing of the PNV’s proposal to end the suspension as a sanctioning tool for those public positions that disobey the Constitutional Court rulings.

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This has been confirmed by the socialist deputy Odn Elorza in the Congress of Deputies. Their formation vote in favor of the PNV proposal, which also asks to reform the Constitutional Court law to repeal the previous appeal against the autonomous statutory reforms.

Elorza has stressed that the PSOE rejects the part of the proposal related to the prior appeal, but that they are “willing to go a long way” in the negotiation to end the suspension as a sanctioning method.

In the eyes of the deputy, the PP “overreached” by defining this parameter in the reform it promoted in 2015, which endows the Constitutional Court with “unnecessary powers” that have hardly been applied subsequently. The PNV proposal involves replacing the penalties of non-compliance with financial fines of between 600 and 3,000 euros.

Currently, the Constitutional Court Law states that the sanctions range between 3,000 and 30,000 euros, and even the penalty of suspension from public office for those who fail to comply with the sentences.

“A political veto”

The text presented by the PNV, defended in the rostrum by the deputy Mikel Legarda, has the objective of eliminating, in addition to the suspension for contempt, the previous appeal that can be presented before the Constitutional Court in the statutory reforms, understanding that it supposes a “political veto in the procedures of reform of the autonomy statutes”.

According to the promoters of the initiative, which will now be processed in the Lower House, the appeal for unconstitutionality on the autonomy statutes “changes the nature of the constitutionality control provided for in the Constitution, from being subsequent and repressive in nature, it becomes prior and of a preventive nature “.

These two elements that are now asking to be withdrawn were approved by the Congress of Deputies in 2015, in the midst of a secessionist escalation in Catalonia, as a method to “reinforce” the rule of law. At that time, the PSOE allied with the PP to vote in favor of the previous appeal, a point of the law that it now defends and refuses to suppress.

These modifications allowed the Constitutional Court to act as a “jurisdictional containment dam” in the face of “the attempted secession” of October 1, 2017, the deputy recalled. popular Jaime de Olano. The Spanish constitutional system continues today as threatened as then, he recalled.

The State has to “defend itself”

In this sense, the proposal reaches the Congress of Deputies at a time when, at the gates of a new legislative pact in Catalonia between pro-independence forces, and with a Basque Parliament with a nationalist majority, the autonomous chambers are able to articulate decisions “that they understand to be legitimate”, but that do not have to be “legal”, said the UPN deputy Carlos Garca Adanero, as it happened in Catalonia a decade ago, when the Parliament approved the reform of the Statute and later the Constitutional one fell 14 articles. Having a majority does not imply legitimacy, he stressed, which is why it is necessary for the State to “defend itself” through mechanisms such as those now being asked to suppress.

The prior recourse avoids, said the spokesman for Ciudadanos, Edmundo Bal, the “clash of legitimacies” seen after the ruling of the Statute, a situation that prompted the independence movement in Catalonia, and that “reinforces” the main “lie” about which ” gravitates “the Catalan secessionist” propaganda “, which is that the sovereign” does not correspond to the Spanish people as a whole. ” That there is a pro-independence majority in an autonomous parliament “is not superior to the Constitution or the law,” he has settled.

The nationalist and independence forces present in Congress have charged and criticized that the Constitutional Court not only has the last word, but also the first. It is the case of Mertxe Aizpura, by EH Bildu, who has called the role of the court a “fierce restraint”, which also contributes to “recentralization” and “constraining” Basque politicians. “That a political court decides over the Basques and the Basques is not a balance,” he added.

ERC has also defined the Constitutional as a “political court”. The deputy Carolina Telechea has regretted that the PSOE, after two years in the Executive, has done nothing to stop this “savagery” that goes against the model of “plurinationality” defended by the party headed by the Prime Minister, Pedro Sánchez.

This proposal has also reached the lower house on the same day that the Bureau of Congress has refused to process the amnesty law designed by pro-independence formations to pardon the prisoners of the procs, which has intensified the interventions of their deputies. “The Table of Congress has become one more Constitutional room,” Telechea has denounced. Albert Botrn, of the CUP, which has called for the “dejudicialization” of the Catalan conflict, has lamented the lack of dialogue after the rejection of the Table, which considers the text presented unconstitutional, prevents its debate in plenary.

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