The Superior Court of Justice of Madrid has refused to suspend the decree of dissolution of the Madrid Assembly and the calling of early elections for May 4, as the Chamber’s Bureau had requested on Friday .
Once the very precautionary measure included in the appeal against the decision of the Madrid president, Isabel Díaz Ayuso, to dissolve the chamber and call elections has been rejected, the merits of the matter, regarding the legality or not of said decree, are still pending resolution. to the motions of censure presented by the PSOE and Más Madrid. The judicial decision is appealable before the Supreme Court.
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The Board of the Madrid Assembly asked the Superior Court of Justice of Madrid to suspend with “urgency” the decree of the president of the Community that dissolves the Chamber, a decision that consequently implies the calling of early elections.
In its appeal, the Board requested as a very precautionary measure the suspension of the decree for contradicting the presentation of the motions of censure of the PSOE and Más Madrid before the aforementioned Assembly.
In these cases, the Contentious-Administrative Law provides a period of two days for the judge or court to decide on the existence or not of the reasons of extreme urgency alleged in order to agree to the requested precautionary measure.
This period ended, therefore, this Sunday. The challenge presented allows us to suppose that a long legal battle is beginning, since it contains considerations that announce the subsequent approach of the issue before the Constitutional Court.
The appeal argues against the claim of the president of the Community that her “mere signature” in a decree that implies the calling of elections, gives full validity to her initiative, despite not being published. For this claim to succeed –adds the challenge– “would imply the violation of the principle of publicity of the rules, with the correlative of legal security, as well as that of interdiction of the arbitrariness of the public powers”, established in Article 9 of the Constitution .
For all this, “the precautionary and very precautionary suspension (without hearing the parties) of the effects of decree 15/2021, of March 10, of the president of the Community of Madrid , of dissolution of the Madrid Assembly and of the convocation of elections, due to the concurrence of circumstances of special urgency in the case, which bring about the validity of the Decree of dissolution and appeal that has already motivated the cessation of the statutory functions of Parliament: legislative, budgetary and control of Government”.
The challenge to the decree of the president of the Community, Isabel Díaz Ayuso , emphasizes that “without a doubt the dissolution of the Chamber prevents the exercise of the functions that the Madrid Assembly itself holds as an institution, including the exercise of the function of control and demand of political responsibility from the Government through the presentation of two motions of censure in process at the time of publication of the aforementioned decree, as well as the ius in officium of the deputies that are members of the same, who are seeing their right suspended of access to public office under equal conditions ”, as this right is guaranteed by article 23.2 of the Constitution.
The appeal adds that with the dissolution of the Assembly, that same right of political participation is being denied to “all citizens of the Community of Madrid”, insofar as they are recognized to participate in public affairs “through “Its” representatives “by virtue of the same article of the Constitution,” which would be violated with a dissolution contrary to what is established in article 21.2 of the Statute of Autonomy of the Community of Madrid, since said right entails the right to remain in the position without illegitimate disturbances ”.
The Bureau of the Madrid Assembly alleges that these damages “would be impossible to repair, since the dissolution of the Assembly determines the end of the mandate” and, therefore, “the loss of the status of deputy” of the current parliamentarians of the Madrid camera.
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