This is the Constitutional Court’s third ruling in favour of Vox. Therefore, “authorisation was given without knowing what measures were going to be implemented to combat the pandemic.” “The extension was authorised when the measures restricting rights included in the request were not going to be applied directly by the Government, but would be subject to decisions made by the presidents of the Autonomous Communities,” the ruling states.
The ruling, drafted by right-wing judge Antonio Narváez, declared that the state of alarm deprived the Spanish Congress of its decision-making powers and oversight by allowing regional authorities to adopt pre-approved coronavirus measures in their own territories, without the direct say-so of the national parliament and government. It is a juridical expression of the homicidal policies of mass infection pursued by capitalist governments across Europe and the world, whatever their nominal political coloration. Vox’s legal case is intended as a signal that the Spanish ruling elite will tolerate no further necessary health restrictions, no matter how serious the evolution of the pandemic may be. The CC judges ruled by six votes to four that the second state of alarm, which extended a measure first implemented in March last year, represented an unjustifiable undermining of the functions of parliament, and handed undue powers to autonomous regional governments. The challenge to the state of alarm was brought by the far-right Vox party. Last week, Spain’s Constitutional Court (CC) ruled that the second state of alarm imposed in Spain from October 2020 to May this year was unconstitutional. People walk along a boulevard in Barcelona, Spain, earlier this year.
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