Constitutional Court overturns the state of alarm extension

Constitutional Court overturns the state of alarm extension
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Constitutional Court overturns the six-month state of alarm extension in Spain.

Four magistrates were against declaring the second state of alarm unconstitutional. Six magistrates though were in favour.

On Wednesday, October 27, the Constitutional Court declared several aspects of the second state of alarm constitutional. The extension to the state of alarm was decreed by Pedro Sanchez’s government.


According to El Mundo, legal sources confirm that the court considers the extension to the state of alarm to be unconstitutional. This is because the Congress of Deputies had no periodic control over the measure.

According to the court the extension was not called for. The court considers that the Lower House was deprived of one of its main functions. These functions were established in the Magna Carta.

The court also decided that the delegation of central power to Spain’s autonomous regions was unconstitutional. The Spanish government had given powers to the autonomous regions to limit the movement and rights of citizens in Spain.

This was established by Royal decree. The Royal Decree 926/2020 of October 25, approved the extension to the state of alarm. It also gave the autonomous regions in Spain additional powers.

Vox had appealed against the extension to the state of alarm. The court has now partially upheld this appeal.

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Alex Glenn is a reporter for Spain’s largest English-speaking newspaper, Euro Weekly News. Formerly she worked in the NHS for 15 years until relocating to Spain in 2018. She loves the Spanish lifestyle, language and culture and spent several years learning Spanish before moving to Spain for a better quality of life. She has made her home in the mountains in Almeria, where she loves being part of a rural community that has a mix of both expats and Spanish residents. In her spare time, she enjoys hiking, reading and exploring the area where she lives.


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