The validation of a decree-law by the Permanent Deputy of an Assembly during a pandemic Commentary on Constitutional Court Judgment num. 40/2025, of February 11. Concerning the action of unconstitutionality num. 3887-2020. (BOE num. 69, of March 21, 2025)

Abstract

Fifty senators from the Socialist Parliamentary Group have filed an appeal of unconstitutionality against Decree-Law 2/2020 approved by the Governing Council of the Regional Government of Andalusia, on the grounds, among others, that its ratification by the Permanent Deputation of the Regional Assembly violated the provisions of the Statute of Autonomy and the Rules of Procedure of the Chamber, since the Deputation was convened in ordinary session, beyond the provisions of those rules. The ruling confirms the constitutionality of the aforementioned validation, based on the extraordinary circumstances surrounding the first weeks of the pandemic, as well as the different interests to be safeguarded, admitting the analogous application that was made at that juncture, through a resolution of the Presidency of Parliament, of the possible validation by the Permanent Deputation of a decree-law outside the ordinary sessions.