Forty years of Constitutional Jurisprudence in Spain: right to an effective remedy in relation to the declaration of the State of Alarm as a limitation of fundamental rights

Authors

  • Pedro Tenorio Sánchez Universidad Nacional de Educación a Distancia

DOI:

https://doi.org/10.18042/cepc/aijc.25.08

Abstract

The present work seeks to ascertain if the Spanish citizen has had a real and effective remedy to question the constitutionality or legality of the Royal Decree 463/2020, of March 14, by which the state of alarm was declared and the Royal
Decrees that agreed to its extension. Supreme Court´s and Constitutional Court´s case law could lead to the inability of exerting legal control of the declaration of the state of alarm. It is a requirement of the rule of law and of the principle of the right to an effective remedy to understand that, in view of the regulation of the state of alarm carried out by Royal Decree 463/2020 and those that agreed to its extension, the possible violation of fundamental rights by the aforementioned Royal Decrees should have been susceptible of being raised in an amparo appeal before the Constitutional Court.

Published

2021-07-01

Issue

Section

CASE LAW