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PSOE proposes to reform the Law of the State of Alarm, in its regional program, after two sentences against the TC

The Socialists want to guarantee the participation of the CCAA in states of alarm, because now they cannot be delegated authorities.

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PSOE proposes to reform the Law of the State of Alarm, in its regional program, after two sentences against the TC

The Socialists want to guarantee the participation of the CCAA in states of alarm, because now they cannot be delegated authorities

MADRID, 18 Mar. (EUROPA PRESS) -

The PSOE has included in its framework program for the next regional elections on May 28 the modification of the regulation of the State of alarm after the two sentences issued by the Constitutional Court knocking down the declaration of the states of alarm that the Government had decreed.

This is included in the Framework Program for the regional elections, to which Europa Press has had access, which has presented the leadership of the party to the members of the Federal Committee of the PSOE meeting today in Ferraz to approve, among other matters, the electoral lists for the municipal and regional elections on May 28.

The TC declared two decrees of the State of alarm unconstitutional, the first, the one approved by the Government on March 14, 2020 for the management of the health crisis caused by Covid, was overthrown by the Constitutional Court on July 14, 2021. In In the judgment it was argued that the restrictions implied a suspension of freedom of movement and were not a mere limitation, which made them incompatible with article 55 of the Spanish Constitution, which establishes that certain rights can only be suspended under the states of exception and site.

The second ruling against the constitutionality of the state of alarm came on October 22, 2021, when the TC suspended the Government's decision that had been applied from November 9, 2020 to May 9, 2021. The argument in this case was that the period was excessive, since it was six months, and the Court of guarantees considered it unreasonable or unfounded.

But in addition, the sentence also declared the nullity of different aspects of the attribution of the status of competent authorities delegated to the presidents of the Autonomous Communities and Autonomous Cities.

For this reason, now, the PSOE has decided to reform the Organic Law 4/1981, of the States of Alarm, Exception and Siege (LOAES) and has included the proposal in the framework program with which it is presented to the regional elections arguing that it does so from the perspective of co-governance with the autonomies.

The Socialists allege in this text the need to carry out the changes due to the TC ruling of 2021 in which, they allege, "the door has closed to the application of a decentralized state of alarm."

"The reform of the constitutionality parameter used by the highest interpreter of the Constitution is, de facto, the only way to guarantee the participation of the Autonomous Communities," says the framework program, to which Europa Press has had access.

As they explain, the LOAES, which was drafted in 1981, "could not attend to the dimension that our form of decentralized State was going to reach." However, they add that today, on the contrary, "it is difficult to understand a right of exception that is refractory to the autonomous phenomenon, as is currently the case."