The Superior Courtroom of Justice of Madrid, by an order issued on March 14, 2021, has made the choice to reject the measures precautionary and really precautionary requested by the Madrid Meeting and, subsequently, the event of the electoral course of continues. A automobile that have to be positively highlighted its pace, past that it generates doubts, as we may have the chance to see later.
Certainly, I don’t need to go into authorized concerns immediately, however moderately to boost some authorized questions raised each by immediately’s decision and what has been skilled since final Wednesday within the Neighborhood of Madrid:
1. Article 39.2 of Law 30/2015, of the Common Administrative Procedure refers to the truth that administrative acts are immediately government, until their publication is important, by which case, it’s understood that their effectiveness is delayed. On this case, how can we harmonize this content material with the truth that an act requiring publication has fast results, even earlier than its content material is understood?
As a result of allow us to not neglect that, from the account of the info, the communication of the Presidency of the Neighborhood comes after the qualification and acceptance of the motions of censure.
Linked to all the above, what authorized impact does it have on the admissibility of motions? Cancel it?
2. Second, the interpretation made by the Supreme Courtroom seems to be literal within the sense that the authority of the Presidency of the Autonomous Neighborhood has been acknowledged within the authorized system. Now, how can a literal interpretation be made if there’s one other provision that requires a complementary ingredient?
3. I don’t legally perceive the separation between the dissolution of the Madrid Meeting and the calling of elections. If we observe the argument of the Supreme Courtroom, the autonomous legislative energy is canceled for someday till the subsequent day it recovers its existence, already lowered.
4. I don’t perceive legally how the Board of the Assembly recognized the effects of the Presidential Decree, when it was not but revealed and above all, as a result of in view of the temporal concatenation that they already knew, they need to not have acted like that. And watch out, right here I’m solely placing on the desk the arguments that they deployed within the demand for precautionary measures.
Presumably he wished to keep away from the practice crash with the Presidency of the Neighborhood, which, mainly, occurred when submitting the contentious-administrative enchantment the place he justified that the act of the President is opposite to legislation. It was an inevitable shock after the submitting of the no-confidence motions.
5. I don’t legally perceive the second by which the movement of censure has been admitted, which is what limits the powers of the Presidency to dissolve the Meeting, in accordance with the provisions of article 21.2 of the Statute of Autonomy: “when a movement of censure is in course of”. Does this course of start together with your presentation or do it’s important to wait a later time?
If we look at the Article 188 of the Assembly regulations It may be understood that with the qualification (the act by which compliance with the necessities is verified) is processed. The truth is, from that second on, solely two phases stay: wait two days to look at whether or not there are further motions and determine when the Plenary can be held the place it is going to be debated and voted.
6. Lastly, the institutional stability between the chief department and the legislative department has been altered from the second the dissolution decree prevails. The decision for elections has a sequence of easy necessities that collectively enable its regular growth. Proposal of the Presidency, convocation of the governing physique, choice, formulation, signature and publication, which is a consequence of validity, as supplied within the Article 42 of the Organic Law of the General Electoral Regime: “Enter into drive the identical day of publication.” Solely when the final hyperlink is produced is the decision accomplished properly and its authorized results start to unfold. The article by Miguel Presno in Public Agenda it’s clear and to him I refer.
7. Within the present circumstances, does the upkeep of the dissolution of the chambers have any impact on the processing of the contentious-administrative enchantment?
What has been demonstrated within the case of the decision for elections in Madrid is the rudimentary nature of the present authorized system on this matter, which isn’t as much as the authorized delicacies which are wished to be extracted by the Magistrates who’ve issued the Order of the Superior Courtroom of Justice of Madrid. It’s true that it is extremely complicated to assume upfront a couple of concatenation of occasions such because the one which occurred since final Wednesday.
However after all, some guidelines must be modified, beginning with the Article 42 of the Organic Law of the General Electoral Regime which requires that “the convocation decrees are revealed, the day after they’re issued, within the« Official State Gazette »or, the place acceptable, within the« Official Gazette »of the corresponding Autonomous Neighborhood. They enter into drive the identical day of their publication ”. The fact of the publication the next day immediately is surpassed by the digital official gazettes that may be revealed the identical day.
By the way in which, it shouldn’t be forgotten that the selections “come into drive”, in accordance with the aforementioned principle legislation, which maybe brings us nearer to a normative nature than an administrative act.
The issues which have occurred could make us see that regulation shouldn’t be helpful in instances of excessive political stress, equivalent to the present one; which contradicts the fundamental perform of the chief management rules and that of electoral convocation and the way each are articulated. That it has been delivered to justice is an issue, political, however a significant issue the place we’re.