Interpretative leniency and abuse of problematic economic situations and heterogeneity in decree-law

Newness in the executive practice and constitutional jurisprudence

Authors

  • Gemma LLligadas González Universidad Ramón Llull

DOI:

https://doi.org/10.18042/cepc/redc.128.05

Abstract

Still at risk of suffering the COVID-19 pandemic-related economic loses, and at the gates of the complicated economic context created by the war in Ukraine, the question of decree-law’s abusive usage in connection with the so-called problematic economic situations is under the spotlight once more. Thus, it is of the utmost importance to reexamine the doctrinal concerns regarding the executive use of decree-laws within complex economic scenarios, as well as the response of the Constitutional Court. To this end, an updated quantitative exam of the normative production throughout the fourteen mandates of the Spanish democracy has been performed and combined with a critical analysis of the constitutional jurisprudence concerning complex economic situations. Finally, the study of heterogeneous decree-laws as the maximum expression of the abuse of decree-laws within problematic economic situations is addressed, taking into account both the executive practice and the latest jurisprudence in the field connected to the COVID-19 crisis.

Published

2023-09-21

Issue

Section

NOTES