Spanish Constitutional Court Annulls Controversial Senate Regulation Reform
The Plenary of the Constitutional Court (TC) has annulled the Senate Regulation reform approved in November 2023, aimed at delaying the processing of the controversial amnesty law. This significant ruling was made public on Wednesday, with the court majority siding with the constitutional appeal lodged by the PSOE (Spanish Socialist Workers' Party) against the reform. Legal sources, as reported by EFE, reveal that the unconstitutionality of the reform was upheld based on a presentation by former Minister of Justice Juan Carlos Campo under the government of Pedro Sánchez.
The ruling received support from the progressive bloc of the court, along with the affirmative vote from magistrate César Tolosa. However, dissenting opinions were articulated by judges Enrique Arnaldo, Concepción Espejel, and José María Macías.
Prior to annulment, the reform of Article 133 had allowed the Senate the authority to determine whether a bill originating from Congress could be processed as urgent within a span of 20 days or follow the ordinary process taking up to two months. On March 19, 2024, the Senate accepted the amnesty law for processing and opted for the ordinary procedure. By May 16, it chose to suspend the conflict of powers with Congress, avoiding an appeal to the Constitutional Court. The amnesty law was eventually passed by Congress on May 30.
The TC's ruling declared unconstitutional any Senate modifications that extended processing time for urgent bills to two months. The court highlighted that Article 903 of the Constitution strictly limits the Senate to 20 days to either veto or amend initiatives approved by Congress if deemed urgent. Furthermore, the court asserted that this term, 'project,' encompasses both government-initiated bills and those originating from parliamentary or popular initiatives, such as the amnesty law.
A narrow interpretation of 'project' to include only government bills, the court argued, would undermine the Senate's role in legislative processes, effectively diminishing its co-legislative capacity. This ruling indicates that any regulation differentiating between projects and legislative proposals, and giving the Senate Bureau exclusive power to decide on urgent processing, contravenes constitutional provisions.
In response to the ruling, PSOE spokesperson in the Senate, Juan Espadas, expressed his approval on social media, stating that he hopes it serves as a "cure of humility" for the opposing party, the PP (People's Party). Espadas noted that this ruling should prompt the PP and its leader, Alberto Núñez Feijóo, to rethink their previous stances on constitutional matters throughout the legislative session.
Espadas commented on his social media platform, "Lessons I give that I do not have for myself," emphasizing that the Senate group he leads will continue advocating for a democracy where the Upper House serves the citizens rather than becoming a venue for political conflicts. This ruling signifies a pivotal moment in Spanish politics, reinforcing the necessary checks and balances inherent in the legislative framework.
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