Inaccuracy in laws, leading to a violation of legal certainty. The Constitutional Court cannot perform the duties of a positive legislator Comment to Decision 135/2018, of December 13, concerning the issue of unconstitutionality number 3377-2018, posed by Section Six of the Administrative and Contentious Chamber of the Supreme Court concerning article 367 (1) of Organic Act 6/1985, of July 1, of the Judicial Power (B.O.E. num. 13, of January 15, 2019)

Abstract

In a question of unconstitutionality raised by the Contentious-Administrative Chamber of the Supreme Court, the Constitutional Court declares unconstitutional a precept of the Organic Act on the Judicial Power, whose imprecision cannot be saved without its reconstruction, vetoed to the Constitutional Court because it would assume the function of a positive legislator that institutionally does not belong to the Court. Regulatory orphanhood is a violation of the principle of legal certainty recognized in Article 9.3 of the Constitution, whose demands are reinforced in this case as a result of the “organic act” reserve.