Post by account_disabled on Mar 16, 2024 0:41:18 GMT -5
The Supreme Court has rejected without even admitting to processing the appeals filed by the PP and Vox deputies against the Royal Decree establishing the Government Delegated Commissions, regarding the composition of the Government Delegated Commission for Public Affairs Affairs. Intelligence, which includes Pablo Iglesias due to lack of active legitimacy of the appellants. The Contentious-Administrative Chamber recalls its jurisprudence on the lack of active legitimacy of political parties, parliamentary groups and deputies who appeal individually to challenge acts and general provisions when the ownership of a right or legitimate interest is not claimed.
He adds that "this is not a case related to the exercise of a popular action and that the mere interest in legality or the violation of the normative hierarchy cannot be invoked to justify the active legitimation, as in this case when alleging the violation of a norm with the rank of law. Nor is it relevant, in the terms in which it is invoked, that the appeal is filed by the first opposition party.” The Chamber explains AOL Email List that this does not mean that political parties cannot file appeals , but as long as there is that specific connection with their actions or operation, as occurs in cases of challenges regarding acts of the Electoral Board or any others that affect their own sphere delimited by the defense of its own rights or legitimate interests, but not when it comes to interests that only project their effects, as is the case, in the political sphere.
In his order he explains that the opposite solution, that is, recognizing the legitimacy of political parties and individual deputies to challenge any action of the government and administration (and also at local and regional levels) “would be equivalent to recognize a kind of covert popular action, which is not attributed to them by our legal system.” As an example, it refers to rulings from its own Chamber in which the aforementioned lack of active legitimation of other political parties has been declared: Compromís to challenge the agreement of a municipal plenary session that approved its annual budget, Izquierda Unida to challenge a royal decree on teaching or the granting of research permits, the Spanish Socialist Workers Party to challenge a ministerial order, and the Family and Life political party to challenge the Personal Income Tax regulations.
He adds that "this is not a case related to the exercise of a popular action and that the mere interest in legality or the violation of the normative hierarchy cannot be invoked to justify the active legitimation, as in this case when alleging the violation of a norm with the rank of law. Nor is it relevant, in the terms in which it is invoked, that the appeal is filed by the first opposition party.” The Chamber explains AOL Email List that this does not mean that political parties cannot file appeals , but as long as there is that specific connection with their actions or operation, as occurs in cases of challenges regarding acts of the Electoral Board or any others that affect their own sphere delimited by the defense of its own rights or legitimate interests, but not when it comes to interests that only project their effects, as is the case, in the political sphere.
In his order he explains that the opposite solution, that is, recognizing the legitimacy of political parties and individual deputies to challenge any action of the government and administration (and also at local and regional levels) “would be equivalent to recognize a kind of covert popular action, which is not attributed to them by our legal system.” As an example, it refers to rulings from its own Chamber in which the aforementioned lack of active legitimation of other political parties has been declared: Compromís to challenge the agreement of a municipal plenary session that approved its annual budget, Izquierda Unida to challenge a royal decree on teaching or the granting of research permits, the Spanish Socialist Workers Party to challenge a ministerial order, and the Family and Life political party to challenge the Personal Income Tax regulations.