The Order of the Court of Administrative Litigation Badajoz No. 2, by which the court agrees raise the issue of constitutionality of RDL 8 / 2010, shows substantial developments and significance, not only because it is the first car in the administrative courts on wage cuts made official and statutory staff from the June 2010 payroll, but because she accepts virtually all the motivations and arguments made by the FSC-CCOO, which extends the causes to be considered by the Constitutional Court.
The most significant introduction is the appreciation lack of enabling budget to issue decree-laws, not satisfied and the requirement of a positive nature: the existence of extraordinary and urgent necessity, so that, to appreciate the Constitutional Court that there was no such note of urgency, it would must come to appreciate the other alleged violations, would be flawed because of unconstitutionality full text of Royal Decree-Law, both in regard to salary reductions of all public employees as the other matters referred to in the same .
Recall that the TC was pronounced by the Judgement No. 68/2007, on 28 March 2007 on the Decree-Law 5 / 2002 of 24 May on urgent measures for the reform of unemployment protection and improve employability, known as the Decretazo Aznar, which, among other things, suppressed wages processing, declaring it unconstitutional on the ground that the Government did not provide any justification for the audience to appreciate the urgent need argued for legislation by this extraordinary procedure, as is the proper function of this Court "assurance these limits, the guarantee that in the exercise of that power, like any other, the powers move within the framework laid down by the Constitution, so that the TC may, in cases of use abusive and arbitrary, reject the definition of political bodies do given situation and, therefore, declare the unconstitutionality of a decree-law no budget enabling, for invasion of the powers reserved to General Courts by the Constitution.
Auto also challenges the wording of Articles 22, 24 and 28 of the RDL, for understand that it violates the following constitutional provisions:
- Art. 86, concerning the requirements of the decree-laws.
- Art. 14, considering that the pay reduction was not applied uniformly to all public employees violates the principle of equality.
- Art. 31, to understand that this is a standard fiscal, confiscation of rights.
- Article 33.3, to act upon already established rights, not hypothetical expectations of law.
- Article 134, to invade the area with legal reserve, in addition to violating the principle of yearly budget.
CCOO with all these measures, which safeguard the interests of public employees also aims to raise the defense of subjecting the government to the strict legality, without it being acceptable for the desired end is removed enough clearance to use the means they see fit, without respecting the legal and constitutional rules applicable.
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