Justice annuls for the first time a fine imposed during the state of alert after having declared it illegal by the Constitutional Court


Posted: Tuesday July 20 2021 6:35 PM

First known cancellation of a sanction pronounced during confinement following the decision of the Constitutional Court to declare illegal the first state of alert decreed by the Government in the pandemic.

Concretely, a contentious-administrative court in Madrid annulled a fine of 601 euros that the city hall of the capital had imposed on a young minor for not having respected the restrictions against the coronavirus during the state of alert.

The court declared the administrative action incompatible with the law after the constitutional ruling, which last week declared the state of alarm unconstitutional and void, although it did not clarify the legal effects of the fines imposed.

However, the court, in the first sentence of this known type, recalls that the sentences pronounced in unconstitutionality bind all the public powers and produce general effects from the date of their publication in the BOE, so that the declaration of unconstitutionality has retroactive effects, insofar as it invalidates the law annulled from its inception.

“The judgment of unconstitutionality – specifies the judicial resolution – must be applied even for acts and legal situations prior to the publication of the constitutional sentence, and all this because an administrative act (the sanction) issued under the protection of a, he would not have had any coverage at any time, as the one allegedly statutory waived was apparent coverage and not actual coverage. “

Thus, understanding that the administrative action does not comply with the law, the court upheld the appeal presented by the injured party and annulled the sanction. Likewise, all fines that do not have a final judgment could also be waived.

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