In this situation, “ we will have to see what the attitude of said Autonomous Community is , whether it meets the requirement or not. As we saw in a press release a few days ago, they already indicated that they were competent in this matter, but now they will have to make an official statement on this issue. "It is foreseeable that this conflict will end Phone Number List up in the Constitutional Court." From the Constitutional Court itself, this jurist recalls that he could take the measure of suspending said regional regulations that could interfere with state jurisdiction until a decision is made on the merits of the matter. The resolution times of the Court of Guarantees are difficult to specify. At the moment there is no protocol that can be resorted to.” The conflict Miguel Temboury , State lawyer on leave and former Undersecretary of State for the Economy with Luis de Guindos, now directing his own administrative team, points out that “this is a requirement itself, in which it is indicated that it will go through the Constitutional Court , but considers that there are three problems to analyze said requirement.
Miguel Temboury: “The most appropriate thing would have been to resort to the contentious-administrative route, not the constitutional route” (Photo: Archive) “The first is that it is a purely preventive requirement . It does not indicate a specific act that violates LO 2/2010 or development regulations. The second is that it is not clear to me that what was approved by the CyL Board really represents any infringement of powers as generic as those indicated in the requirement,” our expert emphasizes. For this jurist, "finally, the third, related to the above, is that if there is any violation of LO 2/2010, the most appropriate thing would have been to resort to the contentious-administrative route , not the constitutional route." This jurist remembers that “I have not been able to read the agreement that the CyL Board may have approved (if indeed it has been approved). But from what I have read/heard in the media, it does not seem to me that it can justify a constitutional violation.” From his point of view, " it always has more impact to resort to constitutional means and perhaps there is a certain opportunism in it now that its composition has changed and it seems that the first major issue that they are going to resolve is the unconstitutionality appeal against the Abortion law".