The TC paralyzed the parliamentary process considering that the "constitutional margins" were exceeded

Remember that the Cortes are not exempt from "subordination to the Constitution"

MADRID, 28 Dic. (EUROPA PRESS) -

The Constitutional Court (TC) agreed to urgently paralyze the parliamentary processing of the two amendments seeking to modify the election system of candidates for the court appointed by the General Council of the Judiciary (CGPJ) considering that its "responsibility "is" to limit the ability of the legislator to act when it exceeds the constitutional margins.

This is stated in the order that has been released this Wednesday, which includes the arguments for which the court agreed on December 19 to estimate the very precautionary measures that the PP claimed in its appeal against amendments 61 and 62 included in the bill that proposed repealing the crime of sedition.

The court argues that "the express will of the constituent" places him as the "ultimate guarantor of the constitutionally established balance of powers, thus including the possibility of limiting the legislator's ability to act when it exceeds the constitutional margins (...) in the exercise of its inalienable constitutional responsibility".

In line, the court recalls that "the centrality of the General Courts in our constitutional State does not mean that the exercise of their powers is exempt or released from subordination to the Constitution."

In this sense, it stresses that the Magna Carta "normatively presides over the actions of all public powers and, significantly, that of the one who assumes the representation of national sovereignty."

Under this premise, the TC agreed -6 votes against 5-- to estimate the very precautionary measures that the PP demanded in its appeal against amendments 61 and 62 -promoted by the PSOE and United We Can-- which were included in the bill for which it was proposed to repeal the crime of sedition.

It was the first time, in its more than 40-year history, that the Constitutional Order urgently suspended a parliamentary debate in the Cortes Generales. The Senate voted on the bill that repeals sedition, but did so without the amendments that the PP appealed.

The court concluded that the progress of the parliamentary processing of said amendments caused damage that was difficult to repair to the 'popular' legislators, who invoked article 23 of the Constitution, which includes the right to political participation of citizens through their representatives.

In this sense, the Constitutional Court assured that the precautionary measure adopted did not cause a serious disturbance to a constitutionally protected interest, nor to the fundamental rights or freedoms of third parties. In his opinion, the decision adopted complies with the "canon of proportionality".

The decision of the Plenary has had the individual votes of the five magistrates of the progressive wing who voted against it on December 19.