The Constitutional Court has rejected by six votes to four the appeal of the PP deputies Cuca Gamarra and Isabel Borrego against the decision of Meritxell Batet, when she was president of Congress, of not to demand from the Council of State its report for the validation of the European funds decree, as proposed by Judge Laura Díez Bueso in the proposed resolution that the plenary session has studied, the guarantee body reports. Judges Ricardo Enríquez, Enrique Arnaldo, Concepción Espejel and César Tolosa have announced the drafting of a dissenting opinion, while Juan Carlos Campo has abstained, as usual, since Batet is his wife.
The appeal for protection presented by the PP initially corresponded to the Second Chamber and was designated rapporteur to César Tolosa, who drafted a proposal for a party ruling in favor of the party chaired by Alberto Núñez Feijóo. His opinion remained in the minority, being only defended by Tolosa himself and Enrique Arnaldo. Hence, Tolosa was replaced in the drafting of the sentence by Laura Díez. When her proposal was going to be voted on, the two judges with conservative sensibilities, plus Ricardo Enríquez, proposed that the matter be resolved by the plenary session, sources from the high court informed EL PERIÓDICO.
Finally, the plenary session has accepted the judge’s proposed resolution, which involves declaring that what the Regulations of Congress require for the validation of a decree that it be published in the official journal of the Chambera requirement that was met in this case.
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As The Constitution does not mention the “necessary background” that it provides for the processing of laws for the validation of decrees, Batet’s refusal to request the report from the Council of State does not imply any violation of the rights of the PP deputies who appealed it. If there was no violation of the rights of the deputies of the Popular Group, they cannot be granted protection, as proposed in the draft sentence that will be studied by next week’s plenary session and that is expected to go forward.
Furthermore, the report of the Council of State on the decree of European funds It was made public on the official website of the institution itself a few days later, Therefore, it was easy to consult by whoever considered it appropriate, although this has no legal relevance when denying or granting protection.