Congress supports the Senate and warns the TC about "the greatest disturbance": "The Cortes Generales are inviolable"

MADRID, 21 Dic. (EUROPA PRESS) -

The Congress of Deputies has adhered to the appeal presented this Wednesday by the Senate, where the Constitutional Court (TC) is asked to lift the precautionary suspension of the parliamentary processing of the two amendments that seek to renew the TC itself, warning the court guarantees that with said paralyzation "the greatest possible disturbance" has occurred. "The Cortes Generales are inviolable", has settled the Lower House.

According to parliamentary sources consulted by Europa Press, Congress has recalled that, in accordance with the law that governs the TC, this very precautionary measure "must be considered", not being possible to adopt it "if it causes a serious disturbance to a constitutionally protected interest, to the fundamental rights or freedoms of another person".

"In this case, the suspension has caused the greatest possible disturbance that can be imagined, not only to a 'constitutionally protected interest', but even more serious, to a function of the State, such as the legislative function granted exclusively to the Cortes Generales", has defended the Lower House.

In this sense, he recalled that, in accordance with article 66.3 of the Constitution, "the Cortes Generales are inviolable." "What must be understood as extending to the way in which they carry out their constitutional functions", he has tied.

Congress has reasoned that this disturbance is due to the fact that the suspension "has affected an ongoing process -and not yet completed-- of a law, eliminating a part of a text that was legitimately approved by the Justice Commission and the plenary session of Congress".

In addition, it has maintained that "the consequences of such disturbance can be described as 'serious'" because "the precautionary measure has the effect that the text approved by Congress is modified by the TC, as if it were an amendment of suppression", and "it prevents the Senate from being able to rule on what is actually approved", so that "now it is completely impossible for these amendments to be presented, debated and voted on".

The Lower Chamber has also emphasized that "the legislative procedure has a very special configuration, of a constitutional nature, its regulation forming part of the so-called constitutional block, the constituent having wanted the chambers themselves to decide the rules by which they themselves they want to rule."

"All of this has a clear purpose: to protect the legislative process from external interference, to guarantee that the chamber, from beginning to end, can develop its procedure for approving laws with full autonomy," he stressed.

For this reason, it has denounced that "the precautionary measure adopted has entailed a violation of the principle of separation of powers that, although it is not expressly included in our constitutional text, underlies it and governs the operation and relations between all the powers of the State" .

Likewise, it has described as "inconsistent" that the appellants (the PP) "only consider their rights violated by the processing of these amendments 61 and 62 and, on the other hand, have not appealed other amendments that appear incorporated into the text approved by the Plenary of the Congress".

In this regard, he stressed that "in the paper it was stated that ten amendments were heterogeneous", of which seven were introduced in a paper, while three were maintained until the plenary session" of Congress.