Omnibus laws do not breach the principle of legal certainty per se. Indirect unconstitutionality on the grounds of basic State legislation infringement Commentary on Constitutional Court’s Judgement 161/2019, of December 12, on appeal of unconstitutionality 878/2019 (BOE num. 10, of January 11, 2020)
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The judgment states that the so called “omnibus laws”, which according to the appeal could be cause of legal uncertainty and even arbitrariness of public authority, two principles protected in article 9.3 of the Spanish Constitution, could be considered a wrong legislative technique but not unconstitutional, as it is not expressly forbidden in the Constitution. On the other side, the judgement considered that several of the contested clauses were unconstitutional by reason of indirect unconstitutionality due to the fact that they contravene basic State laws.
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