Publication: Wednesday March 10, 2021 4:28 PM
The unexpected move by the president of the Community of Madrid, Isabel Díaz Ayuso, to call early elections in the region for May 4 could end in a legal battle that could end in the Superior Court of Justice of Madrid (TSJM) and, ultimately, before the administrative contentious chamber of the Supreme Court. In addition, the case could also end up before the Constitutional Court for violation of fundamental rights.
The autonomy statute of the Community of Madrid provides that the regional president, “after deliberation by the government and under his exclusive responsibility, can accept the dissolution of the Assembly before the natural end of the legislature”, as announced by Díaz. Ayuso after learning that the PSOE and Ciudadanos have presented a motion of censure in the region of Murcia.
But this rule, which governs the functioning of the institutions of Madrid, establishes that the electoral appeal, “in any case”, cannot be made “during the first session of the legislature, when less than a year remains. for the end of the legislature, when a motion of censure is in progress or when a state electoral process is triggered. ”
It is in the third case that a legal battle with unforeseeable consequences is foreseen. In the morning of this Wednesday, More Madrid and the PSOE presented two motions of censure in the register of the Madrid Assembly which aim to stop the electoral advance of Díaz Ayuso and form a new center-left majority in the region that sends the PP to the opposition in an autonomous community that has governed since Alberto Ruiz-Gallardón won the 1995 elections. For this, the left would need the participation of Ciudadanos, until now a partner of the government of Díaz Ayuso.
Motions before dissolution
The Community of Madrid has since 1990, when the socialist Joaquín Leguina ruled, a regional law that specifically regulates the dissolution of the Assembly of Madrid by the head of the regional executive. In its article 2, it specifically establishes that the decree dissolving the Autonomous Chamber “will come into force upon publication” in the Official Journal of the Community of Madrid (BOCM), which, according to regional government sources consulted by laSexta It will only take place this Thursday.
The recording of censure motions in the Madrid Assembly took place before the decree dissolving the Autonomous Chamber came into effect, although the legal debate does not end there. The regional standard indicates that the Regional Chamber cannot be dissolved if motions of censure are “in progress”, which would require that before the publication of the decree dissolving the Assembly and the convening of elections, the motions be qualified by the Table of the Assembly of Madrid.
The Bureau of the Assembly met this afternoon to qualify these initiatives and anticipate the publication of the decree dissolving the Parliament of Madrid in the Official Journal. In this body, the upper hand is held by the citizens, who exercise the presidency of the House and have two representatives who could form a majority with the two members of the PSOE, against two from the PP and one from Vox.
In any case, the legal battle cannot end there. The PP could also challenge the censure motions in court, considering that they were presented in violation of the law.
According to legal sources consulted by LaSexta, this approach would require the pronouncement of the Superior Court of Justice of Madrid (TSJM) if the question is limited to regional law or, ultimately, of the third administrative contentious chamber of the Supreme Court if it is. conflicted with a state norm. In addition, the case could also be brought before the Constitutional Court for violation of fundamental rights.