The Constitutional Court has accepted for processing the Government’s appeal against the Aragon law that repealed the legislation on democratic memory of the previous regional Executive, chaired by Javier Lambán (PSOE). Admission to processing implies in this case the suspension of the new Aragonese norm. In its challenge, the Government appealed to article 161.2 of the Constitution, which establishes said suspension automatically when explicitly requested by the appeal, signed by the President of the Executive.
Admission to processing implies that the suspension of the new Aragonese law is understood to have started from the date of filing of the appeal (May 29, 2024) for the parties to the process, and from the day on which the suspension is published in the Official Gazette of the State for third parties. In his lawsuit, the President of the Government alleges that the law could violate articles 10.1 and 15 of the Constitution, “due to the repeal of the precepts relating to the status of victims.”
The challenge also maintains that the rule promoted by the new Aragonese Executive – chaired by Jorge Azcón (PP), in coalition with Vox – could be contrary to state powers in relation to article 149.1.1 and the duty of collaboration as well as 149.1 .30 of the Constitution. The first of these precepts establishes that “The State has exclusive jurisdiction over (…) the regulation of the basic conditions that guarantee the equality of all Spaniards in the exercise of rights and in the fulfillment of constitutional duties.” The second, in turn, places in the hands of the Government different powers in various areas in order to “guarantee compliance with the obligations of public powers.”
The Minister of Territorial Policy and Democratic Memory, Ángel Víctor Torres, already announced the filing of the appeal as soon as the repeal of the previous legislation was approved, and appealed to these violations of the Constitution and the rights of the victims of Franco’s regime. Without success, the Government had urged the regional Executive to review the repeal of the memory law that it approved on February 15.
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