Sobre la creación, categorización y aplicación de la nueva legalidad: alarma en el Estado de derecho

Authors

  • Marcos Matías Fernando Pablo Universidad de Salamanca

DOI:

https://doi.org/10.18042/cepc/rap.214.10

Abstract

The current public health crisis due to COVID-19 has put an extraordinary weight on legal and legislative systems, especially affecting the State of Law, as it is understood and applied in Europe. We have witnessed new types of rules or public decisions and innovative judicial interventions among European countries during this period. In Spain, the legal management of the crisis has suffered from a series of deficiencies and interpretive difficulties. The following text aims to expose and comment on some of the legal implications arising from the answers given from the public powers. The effect on the system of sources, the practical effects of the constitutional exceptionality, its sanctioning application and the deficiencies in the subsequent reaction once the official emergency declaration has ceased, are examined in these lines. The foregoing leads to the conclusion that a newly-minted «law of exception» has been chosen.

Published

2021-04-19

Issue

Section

ADMINISTRATIVE REPORT OF SPAIN AND THE EUROPEAN UNION