WHAT IS AN UNCONSTITUTIONALITY APPEAL?
An appeal of unconstitutionality, in accordance with the provisions of the Constitutional Court, is a process filed when it is understood that a new law is against the Spanish constitution.
WHAT IS THE ACT 39/2015, OF OCTOBER 1, OF THE COMMON ADMINISTRATIVE PROCEDURE OF THE PUBLIC ADMINISTRATIONS AND WHAT ARE THEIR EFFECTS TO ALL CITIZENS?
The act establishes its purpose in article 1, and sets out that will be the responsible for regulating the requirements of validity and effectiveness of all processes involving a public administration (both State, as regional and local), including the rules such important as the punitive procedure and the liability claim to public administrations.
This Act has an enormous relevance for all Spaniards for issues as daily life, for example, this Act will organize any problem from any individual could have with the public administration, such as receiving a poor health care or bad treatment by any entity or worker belonging to the public administration, with all that this implies. Also is responsible to resolve the possible conflicts that may happen between the public administrations.
Finally, the Constitutional Court has decided that exists unconstitutionality in some areas of the law and has taken the decision to delete those aspects which are opposite or conflicts with the Spanish Constitution.
The person responsible to explain the unconstitutionality appeal to the Constitutional Court was Mr. Andrés Ollero, which exposed that the Catalan Government was right and this law does not respect the regional competences that the regional Statute recognize to the autonomy.
WHAT DOES THIS PARTIAL DECLARATION OF UNCONSTITUTIONALITY IMPLY?
The partial declaration of unconstitutionality implies to delete and being considered as not granted some precepts, sections or paragraphs of articles in the law, and also delete some words which were controversy and granted to the State some competences which shall not have; those words are as “or respective governing board” and “of the governing board”. By including those phrases, the Central Government were granted to regulate some matters granted to the regional autonomies.
In general, the declared unconstitutionality has determinate that some aspects which set out the law are understood as not applied in relation to the legislative initiatives of the Autonomous Communities while will be in force for the State relations. The Court means that the Spanish Central Government will not be able to engage in the law policy planning. All articles involved are referred to the possibility of the Autonomous Communities to have initiatives of create laws and regulations in the administrative field.
Writings SF Lawyers