People’s Party leader Alberto Núñez Feijóo (in the background, center) and People’s Party Secretary-General Cuca Gamarra (right) at the close of the Parliament session on Rule of Law Guarantees. ‘, in the Congress of Deputies, this Monday. Fernando Sanchez (Europa Press)
The PP organized this Monday a conference entitled “Guarantees of the Rule of Law” in the Congress of Deputies, which, led by jurists from the parliamentary and constitutional branches, became an act of denouncing the deterioration of the abusive practices of successive governments, which in particular repeat in the current legislature.
Former Constitutional Court judge Manuel Aragón chaired the first part and sounded the alarm about the “institutional decay” registered in several countries, even in some “old democracies”. The closing ceremony was chaired by PP leader Alberto Núñez Feijóo, who summed up the jurists’ complaints as a sign of social responsiveness, because everywhere “citizens oppose the motley autocrats”.
Feijóo declared himself a “grateful student” of the jurists Manuel Aragón, Encarnación Roca, Ramón Rodríguez Arribas, Benigno Pendás or Luis María Cazorla, specialists in the aforementioned subjects, who followed each other to criticize the loss of the democratic quality of the constitutional system of the Abuse of power, not only of the executive but also of the parliamentary majorities. The recent standoff between Congress and the Constitutional Court over the very precautionary measure requested by the PP and granted by the Court to halt the legislative process to reform the Penal Code to suppress the crime of sedition and modify embezzlement downwards. But they all avoided making the episode the axis of their intervention. Feijóo, in turn, combined the legal with the political to underline that attempts are being made “to undermine the functioning of the institutions”, adding that “there is an anomaly in the behavior of the current leaders, in that no social democracy has them the rudiments.” taken over by the independentistas and the populists”.
Aragon, in turn, pleaded for a non-political judiciary, which also should not happen in the constitutional law, which has a legal way because it has “rules of interpretation” that must always be legal. Other interventions indicated some concern about the recent replacement of the Guarantee Office. For example, former vice-president of the Constitutional Court Ramón Rodríguez Arribas stated that he had remained “very calm, well, calm,” he said after hearing the court’s new president say that the constitution does not allow for secession, self-determination, or independence.
Encarna Roca, in turn, recalled the well-known phrase of the first President of the Constitutional Court, Manuel García Pelayo, when he declared that the Guarantee Court is “a political court” but “acts with legal rules”. And he resorted to another quote in the sense of having to guarantee that “the executive branch does not own the legislature” to explain that “this statement was the one that caused me to pass the judgment on the state of alarm.” support”, a ruling that quashed government-approved decrees to deal with the health emergency due to the Covid-19 pandemic.
For his part, Benigno Pendás, President of the Royal Academy of Morals and Political Sciences, stressed that “to care for Parliament is to care for democracy” and warned that since an initial ruling in 1985, the Guarantee Court has made it clear that an “amendment of the Chamber’s will” due to deficiencies in the legislative procedure can lead to the determination of the unconstitutionality of the procedure carried out.
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