The TC cancels the veto of the previous Government to discuss a non-contributory pension
The Constitutional Court has declared null and void the agreements of the Congress that endorsed the veto of the previous government to debate a proposal of socialist law on non-contributory pensions, on the understanding that "the right of deputies" has been violated as representatives of the citizenry .
In a ruling known today, the First Chamber considers the appeal filed by the Socialist Parliamentary Group, whose initiative sought to avoid the loss of this pension as a "unit of cohabitation", and that affects family members living in the same residence of adults.
Last July, the Constitutional decided to study the resource of the PSOE, which argued that the veto of the Executive of Mariano Rajoy did not identify "correctly and adequately" the supposed increase in the budgetary credits that the approval and application of the proposal would suppose.
The courtroom understood that there was a "special significance" in raising a problem on which, until then, there was no jurisprudential doctrine, a circumstance that has changed recently after the court of guarantees has cut the limits that, through the veto, can impose the Government on Parliament, according to the Magna Carta.
Now, the sentence, of which Judge Juan José González Rivas has been a speaker, determines that the performance of the Congress' Board has "violated the right of the deputies to exercise representative functions with the requirements indicated in the laws."
It also notes that the relationship between the bill and its reflection in the accounts "is based on a mere hypothetical trial", and recalls that the Constitutional function is not "to replace the Government in the prosecution of the impact (...) but only to verify that it is real and effective ", which does not happen in the present case.
Therefore, it declares the nullity of the agreements of October 24 and November 21 of last year, and orders that the proceedings be rolled back to the moment prior to its resolution so that the Bureau may issue a new one that respects the right of political participation that it recognizes. Article 23 of the Spanish Constitution.
The initiative, in particular, proposed a modification of the law so that "it is not considered that there is economic unity in family cases in the second or third degree of consanguinity living in an assisted center or residence for the elderly".
