The legal capacity of regional governments to lodge an action of unconstitutionality against laws of their own regional assembly an interpretative conflict between the Spanish Constitution and the Constitutional Court Organic law resolved twice in favor.. Commentary on Constitutional Court’s Judgement num. 176/2019 of December 18, concerning the appeal of unconstitutionality num. 1195-2019. (BOE num. 21, of January 24, 2020)

Abstract

The Government of the Autonomous Community of La Rioja files an action of unconstitutionality against a law approved by the regional Parliament that originated in a popular legislative initiative processed against its opinion. The Constitutional Court dismisses the appeal for lack of legal capacity of the appellant to file the action on the basis of the precedent established in STC no. 223/2006, of July 6, considering that the provisions of art. 32 of the Constitutional Court Organic Law must prevail, as a norm that specifies the generic regulation contained in article 162.1 a) of the Spanish Constitution by restricting the capacity of the Governments and legislative Assemblies of the Autonomous Communities, which the Constitution recognizes under no restriction, to file an action of unconstitutionality “against any State Law, provision or act with force of Law that may affect their own sphere of autonomy.” The sentence has three dissenting votes considering that on the basis of the primacy of the Constitution as the supreme Law, the capacity of the appellant to file the action should have been recognized by directly applying its provisions.