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Nullity of sanctions and patrimonial responsibility after the possible declaration of unconstitutionality of the first state of alarm

Publicado el 15/7/2021

Nullity of sanctions and patrimonial responsibility after the possible declaration of unconstitutionality of the first state of alarm

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

In plenary deliberation on the judgment prepared by the Illustrious Mr. Justice D. Pedro González-Trevijano, which considers unconstitutional the decree.
en deliberación plenaria sobre la sentencia dictada por el Ilustre Señor Magistrado D. Pedro González Trevijano, que considera inconstitucional el decreto.

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.

 
 
 
Sounding preliminary, could elucidate the support of six judges to the meaning of the sentence proposed by the rapporteur merited, which swings his declared unconstitutional on the grounds that, although the measures may seem commensurate with the grave situation.

The de facto suspension of fundamental rights inevitably requires the declaration of a state of exception, similar to those adopted in neighboring countries.

 
It had suffered, and similar to those adopted in neighboring countries, the de facto suspension of fundamental rights inevitably requires the declaration of a state of emergency.
 

 

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