Tribunal Supremo

On 22 November 2023, the Constitutional Court unanimously rejected a constitutional challenge by the Popular Parliamentary Group against specific provisions of Royal Decree-Law 8/2021. These provisions created a cassation appeal before the Supreme Court’s Administrative Litigation Chamber regarding judicial authorizations of COVID-19 measures limiting fundamental rights.

The Court justified its decision by citing the “extraordinary and urgent necessity” condition, as the government provided justification for the measure in response to the post-state of alarm COVID-19 scenario. The Court also dismissed complaints about violating material limits of the decree-law, affecting the right to judicial protection or basic state institutions.

The judgment concludes with a call for legislative reform, noting that the specific cassation appeal no longer applies due to a prior ruling of 2 June 2022 (judgment n°20/2022) declaring certain provisions unconstitutional.

Reference: nota informative n°95/2023.

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