Parliament receives recourse to the Galician Health Act and will consider its legal defense

Parliament receives recourse to the Galician Health Act and will consider its legal defense

Santiago de Compostela, May 2. (Europe Press) –

Last Wednesday, the Parliament of Galicia received, by mail, the ruling of the Constitutional Court notifying the central government’s appeal against Article 38, in its second paragraph, which Suspended upon acceptance of treatment by the plenary session of the Judicial Body.

Parliamentary sources have confirmed to Europa Press that they have received the document, which is now registered and To Parliament’s office this week That after hearing the Council of Spokesperson – in which the three parliamentary groups (PPdeG, BNG, and PSdeG) have – will decide the position of the legal defense of Al Qaeda.

Like the Xunta de Galicia, which has been opened – although at present there is no more progress than negotiating an interpretative text that would prevent reform of the law and freeze the appeal in TC -, The independent parliament, from which the Galician legislature emerged, could appear in court for the legal defense of the rule.

The government led by Pedro Sanchez decided to refer the Galician Health Act to the Constitutional Court because, according to the appeal to the TC, which Europa Press was able to access, “Provides for a breach of the equal rights and duties of Spanish citizens” contained in the constitution.

In addition, the central executive argued that the Law of Galicia, which was approved by the Parliament of Galicia in February – only by the votes of the PPdeG -, “It violates the state authorities on the basis of general health coordination.”

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The appeal with the request for suspension to the Constitutional Court, which was notified on April 21, although it took a week to mail it to the Home of Self-Government, is based on the fact that the Council of State – which issued a mandatory report. But it is not binding – note The necessity to define the terms of reference related to Article 38 in its second paragraph (38.2) Or, it is also known as Section V of the Reform of the Law (the legislative proposal that entered the Chamber of Galicia).

Thus, the report states that “the preventive measures that must be taken in the event of a transferable risk affect the development of basic rights and public freedoms and require, as the opinion of (the Council of State) indicates, a minimum common denominator.”

Only one section of Article 38

The Ministry of Regional Policy proposed to the Council of Ministers to file an appeal against unconstitutionality against Article 5 of the Galician Health Law, “as soon as it gives a new wording to Article 38.2 of the Amended Law,” meaning what is the opinion that the State Council approved the decision in the Constitutional Court. The Cabinet approved the appeal on March 30.

In its report, the Council of State considered appropriate to file an appeal against unconstitutionality – or, as it literally says, “There are sufficient legal grounds”– Article 38.2. Literally, the opinion states the following: “This asylum applies to the fifth section of the single article of the Law of the Autonomous Community of Galicia 8/2021, promulgated on February 25, in relation to Article 2 of Article 38 that it introduces in Law 8/2008, of July 10 Health of Galicia “.

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The government relied on Article 161.2 of the Constitution, in which the validity and application of the contested judgment was suspended from the date of the appeal – April 6, 2021 – for the parties involved in the process (Xunta, Parliament of Galicia) and from the day the comment was published in the State Gazette (BOE) – which is What has not happened yet – to third parties – for example, to citizens -.


On April 19, representatives of the First Vice President of Xunta and the Ministry of Regional Policy maintained technical contacts to address the remaining discrepancies, and agreed to initiate procedures for the convening of the Bilateral Cooperation Committee through which they will try to clarify it. These aspects.

The next day, The Constitutional Court agreed in a public session to accept the government’s appeal for treatmentWhich was notified to the parties on Wednesday, April 21. It has not yet been published in the State Gazette (BOE), making its comment effective for third parties (for example, citizens).

Last Wednesday, Chairman of Xunta, Alberto Nونñez Viejo complained about “boycotting” the law of Galicia and urged the central government to sign the interpretative agreement Presented by his government. In this line, famous people also demonstrated through their parliamentary spokesperson, Pedro Puy, who on Tuesday had already seen room for agreement in the bilateral commission that would allow a circumvention of the reform of the health law in Galicia.

Article 38

Section V of Health Law Reform introduces Article 38 to the Galician Health Law with two sections, the State Council agreed to appeal the second part of it, as the government finally did, according to resource-gathering to which Europa Press had access to. This “Part Two” talks about preventive measures for recognition, treatment, hospitalization or control when there is a risk to the health of the population.

And for this, in addition to other general measures, it proves it Patient control measures can be adopted, such as home isolation (Currently, people infected with Coronavirus are detained), confinement in a hospital center, isolation, or confinement in another suitable place for this purpose.

Of the seven key elements in this Part Two, it also includes control measures for people who have been in contact with sick people (such as currently isolated from positive contacts); Or undergo preventive preventive measures, including vaccination or immunization.

This section of the law It also enables control measures to be taken over the “immediate environment” of patients or those who have been in contact with them, As well as “affected areas” (geographical locations), which may necessitate, for example, restrictions on movement or movement (such as city closures or health districts) or restrictions on groups of people (such as restrictions on meetings, such as currently in Galicia).

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