May 16, 2022 3:21 pm

The ignuneo as a precept



When the legislator foresaw that there would be State bodies for the Government to make mandatory consultations on legal aspects of its regulations, even though his criteria were not binding, he did not do so by way of inventory. It was only trying to ensure something as relevant as legal advice to the Executive so that it would allow itself to be advised, correct errors, avoid abuses of authority and have elite advice above any political whim, or to advance opinions against any vice of unconstitutionality. But in addition, the legislator established an optimal system for the distribution of roles and profits in a democracy. However, the Government has blown up all these provisions, already in a systemic way, as if La Moncloa were enough to say what is legal or what is not, regardless of any corrective mechanism.

Yesterday, when the Council of Ministers ignored the criteria of the CGPJ in the face of its serious and majority reservations against the new Housing Law, for being a recentralizing norm that steals powers from the autonomies, it implied that the rule of law does not care . And that only matters, and is done, what the President of the Government says, because the advisory bodies are a mere troupe whose legal opinion is irrelevant.

With the excuse that the criteria of many of these bodies -the CGPJ, the Council of State, different national commissions or the Attorney General’s Office- are mandatory but not binding, the message that is conveyed to the public is devastating. It is as if they were decorative organs, full of submissive party advisers, or former politicians already in retirement in search of a golden retirement. The idea that is transmitted is that what they think is not important. And furthermore, any government spokesperson brags about it because no body is capable of bending its pulse. In this way, with Sánchez, no advisory institution is good for anything except if its opinions are a praise to the Executive. So, yes, our democracy is an example of plurality, openness and progressivism.

No president showed so much disdain towards the organizations that are entrusted with the function of assisting him when he makes a mistake, as now with the Housing Law, which, moreover, is not just another report. It seems like a solid legal basis for an authentic appeal of unconstitutionality while Podemos does what it wants with an authoritarian regulation of rents. This is how democracies begin to cease to be: first a good populism is imposed, then legality is twisted, and finally it is approved by parliamentary hammer blows. They have spent years despising the educational community, ignoring the Bank of Spain, ignoring the Bioethics Committee in determining moral laws, ignoring the Constitutional Court, whose rulings are imperative, disobeying sentences of linguistic marginalization of Castilian, disable up to 1,200 Transparency claims, they practice parliamentary filibustering and interpret the rules of competition at will. And furthermore, they instruct the Council of State so that their reports remain secret. The road to autocracy is marked. The added problem is that many of these institutions have begun to assume that their role has become useless in the “new normal” of sanchismo. The problem is no longer the institutions, nor the citizens, not even the law. It has a flawed system, indolent and without response capacity. And so on, until the next report that Sánchez flagrantly skips.

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