The confinement of the population and the rest of the measures derived from the state of alarm, decreed by Pedro Sánchez in March 2020, were adopted outside the Constitution. That is the fundamental conclusion of the sentence adopted this Tuesday by the Constitutional Court, in response to the request of Vox that sought a total censorship of the main tool applied by the Government of Pedro Sánchez for the control of the pandemic in Spain. The magistrate Pedro González Trevijano has achieved that his censorship proposal is imposed by the minimum in a court divided six against five. Trevijano took over from Fernando Valdés, who resigned from his post after being prosecuted for an alleged crime of mistreatment.
While the first presentation proposed to endorse the constitutional measure, the second says the opposite. The sentence clarifies that by itself it does not open the possibility of patrimonial claims against the state due to the effects derived from the state of alarm, but court sources consulted by elDiario.es assure that the consequences of the decision for the Government are, to this day , impossible to foresee.
The Constitutional Court relies on a technical argument to overturn the legal roadmap that allowed the Government to limit rights and freedoms with the intention of controlling the spread of the coronavirus. The speaker concludes that the figure of the state of alarm was not applied correctly and that the executive should have opted for the declaration of the state of emergency. Be that as it may, the Constitutional Court concludes that the confinement, the limitation of the right of assembly and many other prohibitions adopted at the worst moment of the spread of the virus were applied outside the law. The decision also represents the first major victory for Vox within the Constitutional Court.