The TC requests a report to clarify whether the autonomous communities can appeal against the amnesty law

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The Constitutional Court also doubts whether the norm affects the “scope of autonomy”, a requirement that must be met before autonomy can appeal against a state law.

The Constitutional Court doubts whether the autonomous communities have the right to appeal against the amnesty law and that the rule affects their “scope of autonomy”. Therefore, it has commissioned a report to decide whether they are qualified to challenge this state law. are essential for your authorization to process.

Legal sources report that there are doubts about the 16 appeals submitted by the autonomous communities, 15 of which are from regions covered by the PP, in addition to the appeal from the government of Castilla la Mancha.

Now the sources specify that there is nothing special in requesting this report, because when a region appeals against a norm to the Constitutional Court, it must first be examined whether it meets the requirements for authorization for processing, as laid down in the law.

According to the law of the Constitutional Court and the Magna Carta itself, one of the requirements When an autonomous community appeals against a state law, it is the case that “the law must have an impact on the area of ​​autonomy”, so the future of the appeals against the amnesty depends on satisfying this issue.

The appeal of the Cortes of Aragon, which has fallen on the progressive magistrate Laura Diez, will be the first to address this issue and therefore mark the line to be followed for the rest. To do this, an admissibility report will be drawn up that will be submitted to the plenary assembly, the body responsible for taking the decision.

However, the sources make it clear that the court is not suspending or parking the funds, but rather there are deadlines and requirements in studying these funds, which is why they are increasing “That report is within the normal range.” before deciding on admission.

The Constitutional Court has been monitoring the challenges posed by the PP’s twelve autonomous governments (Madrid, Andalusia, Valencian Community, Galicia, Aragon, Murcia, Castile and Leon, Balearic Islands, Extremadura, Cantabria and La Rioja) and three regional parliaments with a majority of the same sign: Aragon, Murcia and Cantabria.

Some of them wonder challenge the president of the TC, Candido Conde-Pumpidoto Judge Laura Díez and former Minister of Justice and Judge Juan Carlos Campo (already removed after the plenary accepted his abstention), which would change the current balance of forces between progressives and conservatives and give a majority to the bloc that is in principle more in favor of annulling the law as unconstitutional.

The other appeal filed with the TC is that of the government of Castilla-La Mancha, chaired by Emiliano García-Page, the only one from the PSOE who has appealed against the text to the TC.

Source: EITB

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