Nullity of sanctions and patrimonial responsibility after the possible declaration of unconstitutionality of the first state of alarm
Publicado el 15/7/2021
In relation to the unconstitutionality appeal filed against the first State of Alarm declared by Royal Decree 463/2020, of March 14, for the management of the health crisis situation caused by COVID-19, our Constitutional Court began last week
From a preliminary poll, it was possible to elucidate the support of six magistrates for the meaning of the sentence proposed by the worthy speaker, which makes his declaration of unconstitutionality pivot on the basis that, although the measures may seem consistent with the serious situation that.
The de facto suspension of fundamental rights inevitably requires the declaration of a state of exception, similar to those adopted in neighboring countries.