Distance government Commentary on the Constitutional Court’s Judgment 45/2019, of March 27. Appeal of Unconstitutionality num. 2533-2018. (BOE num. 99, of April 25, 2019)

Abstract

The Court makes in this Judgment a proclamation of great principles of the functioning of Governments. From the first moment of the investiture of the President of the Government and then during the whole daily practice of the exercise of his performance, it must realize the physical, personal contact with the Parliament, since this is required by representative democracy.
Government meetings, due to the importance of the constitutional functions attributed to it, must be deliberative in essence, which requires the physical presence of all its members, is the only one that makes interaction possible. Only with these notes of presence and deliberation, the requirements of collegiality and co-responsibility, typical of any governing body, are met. At a time when major transformations of political processes can take place through the application of information technologies, the Court comes to enshrine the classical principles of physical presence and debate and the irreplaceable nature of personal contact.