The Supreme Court has rejected the appeals that the PP and 52 Vox deputies presented against the decree that shielded the presence of the second vice president, Pablo Iglesias, in the Government Delegate Commission for Intelligence Affairs, the government body that controls Spanish espionage. The Contentious-Administrative Chamber of the High Court has declared the inadmissibility of the appeals filed for lack of active standing of the appellants.
The Government modifies the CNI law to allow Iglesias and Redondo access to the commission that controls it
The Chamber recalls its jurisprudence on the lack of active legitimacy of political parties, parliamentary groups and deputies who appeal individually to challenge acts and general provisions that do not have a “specific connection” with their actions or operation.
The judges explain that this does not mean that the political parties cannot file appeals, but provided that there is a specific connection with their performance or operation, as in the case of challenges regarding acts of the Electoral Board or any others that affect their own sphere delimited by the defense of their own rights or legitimate interests, but not in the case of interests that only project their effects, as is the case, in the political sphere.
“It is not a case related to the exercise of a class action and that the mere interest in legality or the violation of the normative hierarchy cannot be invoked to justify active legitimation, as in this case when alleging the violation of a norm with rank of law. Nor is it relevant, in the terms in which it is invoked, that the appeal is filed by the first opposition party, “adds the Chamber.
In his order, he explains that the opposite solution, that is, recognizing the legitimacy of the political parties and individual deputies to challenge any action by the Government and the administration (and also at local and regional levels) “would amount to to recognize a kind of covert popular action, which is not attributed by our legal system.
As an example, it refers to sentences of its own Chamber in which the aforementioned lack of active legitimacy of other political parties has been declared: You commit to challenge the agreement of a municipal plenary session that approved its annual budget, IU to challenge a royal decree on teaching or the granting of research permits, the PSOE, and the Family and Life party to challenge the personal income tax regulations.
Last March, the Government included in the royal decree law of urgent measures to alleviate the economic effects of the coronavirus an additional provision that modifies the regulatory law of the National Intelligence Center (CNI) to allow the second vice president, Pablo Iglesias, and the director of the president’s Cabinet, Iván Redondo, to sit on the Government Delegate Commission for Intelligence Affairs. The leader of the PP, Pablo Casado, criticized this modification when considering “inconsiderate” use this route to modify the CNI law.