Post by account_disabled on Mar 12, 2024 3:16:25 GMT
The Superior Court of Justice of Madrid has rejected the precautionary measure of suspension requested by the lawyers of the Madrid Assembly regarding Decree 15/2021, of March 10, of the president of the Community, dissolving the Assembly and convening of elections. The magistrates have made the decision to reject the requested precautionary measure given that “the systematic, literal and logical interpretation of the reproduced statutory and legal precepts allows us to identify from now on, not which interest must prevail due to its relevance, but which, under the equality of conditions that exist here, must be protected because it could be definitively affected, or, rather, suppressed, if the plaintiff's thesis is accepted and the requested precautionary measure is agreed upon.
The resolution, which is subject to appeal before the Supreme Court , considers that the literal interpretation of the provisions of article 21 of the Statute of Autonomy and article 1.1 of Law 5/1990 "leads us to affirm that what The power granted to the Presidency of the Community of Madrid allows it to carry out, without palliatives and even though Belgium Mobile Number List it is obliged to do so by means of a decree and with the other requirements, to agree to the early dissolution of the Madrid Assembly. Therefore, it must be understood that such power is validly exercised from the moment the Decree of Dissolution and call for elections is signed , and without prejudice to the effectiveness of this electoral call being deployed once the repeated Decree is published in the Official Gazette.
The Court understands that the power to call elections is "validly exercised from the moment the decree is signed" The order adds that: "having thus exercised by the Presidency of the Community of Madrid such statutory power of early dissolution of the Madrid Assembly - meeting the requirements imposed legally and statutorily for the adoption of such agreement -, the validity and effectiveness of the corresponding decree cannot be compromised by the subsequent presentation of one or more motions of censure" , since "to maintain the opposite would eventually leave it to the mere will of the number of deputies who hold the representation required to present a motion of censure per the effective exercise of that power, it is sufficient to present it after the adoption of the dissolution agreement to deprive it of any virtuality.
The resolution, which is subject to appeal before the Supreme Court , considers that the literal interpretation of the provisions of article 21 of the Statute of Autonomy and article 1.1 of Law 5/1990 "leads us to affirm that what The power granted to the Presidency of the Community of Madrid allows it to carry out, without palliatives and even though Belgium Mobile Number List it is obliged to do so by means of a decree and with the other requirements, to agree to the early dissolution of the Madrid Assembly. Therefore, it must be understood that such power is validly exercised from the moment the Decree of Dissolution and call for elections is signed , and without prejudice to the effectiveness of this electoral call being deployed once the repeated Decree is published in the Official Gazette.
The Court understands that the power to call elections is "validly exercised from the moment the decree is signed" The order adds that: "having thus exercised by the Presidency of the Community of Madrid such statutory power of early dissolution of the Madrid Assembly - meeting the requirements imposed legally and statutorily for the adoption of such agreement -, the validity and effectiveness of the corresponding decree cannot be compromised by the subsequent presentation of one or more motions of censure" , since "to maintain the opposite would eventually leave it to the mere will of the number of deputies who hold the representation required to present a motion of censure per the effective exercise of that power, it is sufficient to present it after the adoption of the dissolution agreement to deprive it of any virtuality.