A little less than a year ago, on October 1, 2020, the then president of the Madrid Assembly, Juan Trinidad (from Ciudadanos) locked up the opposition – PSOE, Más Madrid and Unidas Podemos – in the regional Parliament. In this way, he was trying to force a vote that would allow the Government of Isabel Díaz Ayuso to approve its first – and only – legislative reform: the umpteenth modification of the Land Law, which allows, among other issues, to suppress most licenses and liberalize the urban sector. The play did not go to Trinidad, and despite not having enough quorum, he accepted the vote on the rule and considered it approved. The Constitutional Court will now decide if the law was violated and opens the possibility that the legal amendment is annulled after admitting a PSOE appeal for processing.
The socialist parliamentary group in the Madrid Assembly presented in January an appeal for protection of unconstitutionality – signed by Pilar Llop, today Minister of Justice – against the approval of this norm that led to an embarrassing spectacle to which Ciudadanos, then in the Regional government, submitted to the opposition to carry out the legal modification. The Court has now accepted said appeal for processing, as confirmed by elDiario.es. The Socialists considered that the law was approved “without the concurrence of all the deputies” thus violating the constitutional right “to participate in public affairs, directly or through freely chosen representatives”, as recognized in Article 23 of the Constitution.
The First Section has examined said appeal for amparo and has agreed to admit it for processing, according to the document to which this wording has had access, “appreciating that there is a special constitutional significance (art. 50.1 LOTC) because the appeal raises a a problem that affects a facet of a fundamental right on which there is no doctrine. ” And he adds: “The issue raised transcends the specific case because it could have general political consequences.”
The Constitutional also orders, in application of the provisions of art. 51 LOTC, that a communication is addressed to the President of the Madrid Assembly so that, within a period not exceeding ten days, it sends a certified or certified photocopy of all the actions carried out against the agreements and decisions adopted by the different bodies of the Assembly of Madrid related to the processing of Bill 1/20.
“The approval of the Ayuso Land Law took place, in our opinion, trampling the most basic rights of the deputies of the Madrid Assembly. More than half of the deputies and the deputies could not exercise their right to vote. This it is a right of the deputies according to the Regulation, which derives from the fundamental exercise of political participation. It cannot be prohibited “, assures its current spokesperson Hana Jalloul.
Before this appeal, the Constitutional Court already admitted another one presented by the socialist parliamentary group in the Senate. Among the irregularities denounced in this appeal, the decision of the majority formed by PP, Ciudadanos and Vox in the Madrid Assembly to “prevent the exercise of the vote” to about half of the deputies when processing the law through the procedure single reading (without the possibility of submitting amendments), and by “unilaterally and illegally modifying the agenda of the corresponding plenary session.”
“Democratic abuses cannot be allowed in parliaments, and we hope that the Constitutional resolution will finally protect these arguments,” defends Jalloul. And he adds: “We have been warning it for months, the government of President Ayuso is limiting the control function of the Madrid Assembly, one of the fundamental functions, contained in the Assembly Regulations and in the Community Statute itself. from Madrid”.
Juan Trinidad himself, then president of the Madrid Assembly, recognized live and direct the lack of a quorum, which had already occurred in the morning in the first vote that he tried to repeat by locking up the opposition in the regional Chamber. However, he approved the measure. “There is no quorum but as there has been a fraudulent use of the regulations, as I have stated this morning, this law is approved, “said the president of the regional parliament, admitting that he could be committing a crime of administrative prevarication.