The decision of the Constitutional Court to declare illegal the first state of alert not only leaves behind a legal earthquake, but also opens the door to significant repercussions within the population, in particular among those which could have been affected by the rules. strict containment.
In this sense, as reported by the experts consulted by LaSexta, there would be at least three consequences. And the first revolves around fines: after this decision – which was taken by a very narrow majority – the Spanish state may have to return the money for all fines imposed during said state of alert. More precisely, 1.3 million which, as indicated by the head of the courts of laSexta, Alfonso Pérez Medina, would have no effect.
The second consequence is explained by the professor of constitutional law at the University of the Basque Country, Javier Tajadura, which also coincides with the first arguments that the TC gave about its decision. Until now, the confinements had been decreed by means of the state of alert, but after the judicial decision, that will change: “With the state of alert, you cannot suspend the rights, with the state of exception, yes “, explains Tajadura.
Henceforth, the state of alert would no longer suffice, but it would be necessary to resort to a state of emergency, a much harsher measure which also requires the approval of the Congress of Deputies.
Added to this is the third consequence, the materialization and form of which are still unknown: the door is opening for thousands of companies to claim the principle of patrimonial responsibility. That is, if they can demonstrate that with the state of alarm and the restriction of rights, they have lost significant sums and thousands of jobs. Even so, the final justifications from the Constitutional Court are still pending, having rendered a decision 16 months after the state of alarm was declared in Spain.