Spain: Has the Second ‘State of Emergency’ been declared Unconstitutional?


The Spanish Constitutional Court has just delivered the umpteenth slap in the face to the socialist government led by Pedro Sanchez by declaring, on October 27, that the second state of emergency, which lasted six months without the Parliament or the Constitution being able to control the government’s actions, is unconstitutional.

Second State of Emergency Was Declared Unconstitutional

In Spain, justice is in full revolt and the question to be asked is whether the rest of Europe will follow suit. Indeed, after ordering the central government of Madrid to pay back all the fines collected during the first state of health emergency in March 2020, the courts have just declared the second state of emergency, which lasted from November 9, 2020 to May 9, 2021, unconstitutional.

This is at least the information that our media obtained from several reliable sources this October 27. According to the newspaper El Pais, the verdict of the Constitutional Court was approved by 6 votes to 4. It should be said that the information was announced on September 10 by Lecourrier-du-soir.com, but the verdict of the Court was made official only this Wednesday, October 27.

This Wednesday, the information was confirmed by other sources including the Spanish media, Infobae. According to this source, this verdict rendered on October 27 by the Court is a blow to the Spanish government led by Pedro Sanchez, after the first invalidation of the 1st State of Emergency by the same Court.

According to Infobae, which has the same information as El Pais, the Constitutional Court complained above all about the duration of the 2nd State of Emergency, 6 months during which neither the Parliament nor the Congress were able to control the government’s action. The Court also denounced the fact that the central government in Madrid substituted itself for the autonomous communities (Spanish regions) which had the competence to do so.

On October 27, the government’s verdict provoked a strong reaction in the Spanish political class, where the opposition, particularly on the right, welcomed the slap in the face of the socialist government. As a reminder, the Court had been seized on this issue by the Spanish far-right party, Vox.

Thus, in a tweet posted on his personal account, the journalist Luis de Pino believes that Vox won the match by 3 goals to 0. “Vox and the Constitution 3 – Pedro Sanchez 0”, he said ironically.

And he was not alone. The harshest criticism came from Hermann Tertsch, eminence grise of the Spanish far right. “The government of Sanchez and his gang have sequestered the Spanish people for 6 months by a barbaric violation of the Constitution. This delinquent government must resign,” he reacted.

As a reminder, on October 22, the Spanish Justice required the central government to reimburse citizens for all the fines imposed on them during the first State of Emergency. Will it do the same for the second State of Emergency? Logically, it should do so. We’ll see.