Parliament

MÉS prepares the ground to take to the Constitutional Court the amendments by the PP that reverse 70 norms

Consider that the criterion of the Parliament's lawyers must be followed and that backdoor procedures to amend other laws should not be used

MÁS spokesperson, Lluís Apesteguia
2 min

PalmThe Parliamentary Group of MÉS per Mallorca has informed the Parliament's Board that it will desist from processing any amendment to the Law on Strategic Projects that is not related to this regulation. In this way, the eco-sovereignists fully align themselves with the criteria of the chamber's jurists, who were very clear on the matter last week. As established by Article 125 of the regulations, amendments submitted to draft bills must be related to their subject matter, and only in case of unanimity among the members of the Board can an exception be made to introduce others.

In a statement registered in Parliament, the group assures that "while we could understand that amendments referring to the extraordinary and urgent response to the economic crisis derived from the current war in Iran" were accepted, they consider that the opinion of the lawyers is conclusive and that this habit of including aspects that have nothing to do with it within the processing of a norm must begin to be changed. MÉS states that it therefore considers the non-admission of amendments not linked to the text of strategic projects to be logical, "as provided for in the Regulations of the Parliament of the Balearic Islands and as is the appropriate formula to avoid violating the rights of deputies in the correct legislative procedure".

With this action, MÉS may be preparing its legitimization to bring forward the articles that may eventually be accepted by the Board (at this time they are rejected but the PP insists that they be reconsidered) and that they be processed by taking advantage of the approval process of the Law on strategic projects. This concerns legislative content that affects around 70 norms, 50 of them laws, and it is taken for granted that it is a legislative sprint by the Government of Marga Prohens. The spokesperson for the Parliamentary Group of MÉS per Mallorca does not rule out ultimately filing an appeal if the PP finally maintains its strategy of using the processing of the Decree Law now as a bill to make this shake-up to some 50 laws.

The Constitutional Court has already ruled

According to legal sources consulted, every time a parliamentary group goes to the Constitutional Court to denounce the practice of presenting amendments that have nothing to do with the text being processed, "the ruling is in favor of the plaintiff." In different rulings by the Constitutional Court, it is clear that the court's intention is "to limit these practices by requiring a certain connection between the amendment and the original text, to prevent abuses and ensure a more coherent legislative procedure respectful of the democratic principle."

This normative perversion has been used on many occasions by governments of all colors to try to speed up the reform of a law. According to knowledgeable legal sources, "it is one thing to touch a specific article of a law, which has historically been consented to, and another is to end up presenting 20 articles of a law that has nothing to do with what is being processed. It is a perversion that cannot be tolerated," they assure.

On the other hand, other deputies such as Agustín Buades himself have approached the Board to try to reconsider the decision to exclude amendments not linked to the legislative project of strategic projects. The deputy assures that "during the legislature" these practices have been accepted, based simply on "a political agreement." And he even assures that if it is not accepted to be able to legislate on whatever comes through the back door, it will be acting "with bossism."

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