Constitutional Court Opens Door to Examining Whether Government Violates Constitution by Failing to Present Budget

On Monday, February 24, the Spanish Congress of Deputies made a historic decision by beginning proceedings on a bill aimed at significantly limiting the powers of the Constitutional Court. The decision was made in a vote where the proposal from the ruling party secured a majority. This is already the third attempt in recent years to limit the role of this key body. The draft bill under debate primarily envisages the abolition of the so-called preliminary appeal of unconstitutionality. This mechanism allowed the government in Madrid to challenge draft statutes of autonomous communities before the Constitutional Court prior to their final enactment. The Constitutional Court in Spain was established under the 1978 constitution, which initiated the period of democratic transformation after the death of General Franco. Its role as the guardian of the constitutionality of law was crucial in the process of state decentralization and granting autonomy to regions such as Catalonia or the Basque Country. In parallel, the Constitutional Court itself has made an unprecedented decision. For the first time in history, it will consider a complaint regarding an alleged violation of the constitution by the government due to its failure to fulfill the obligation of submitting a budget bill to parliament within the stipulated deadline. „El Tribunal Constitucional ha acordado admitir a trámite un recurso por presunto incumplimiento del artículo 134.2 de la Constitución.” (The Constitutional Court has agreed to admit for processing an appeal for alleged non-compliance with Article 134.2 of the Constitution.) — Constitutional Court Article 134.2 of the constitution stipulates that the government must submit the state budget bill to the Congress of Deputies no later than three months before the expiry of the previous year's budget. Failure to submit the bill on time may be considered a breach of a constitutional obligation. This second aspect of the case highlights a deep institutional crisis and mutual tensions between the legislative, executive, and judicial branches in Spain. Attempts to reform the Constitutional Court are part of a long-standing political dispute between the left-wing government of Prime Minister Pedro Sánchez and the conservative opposition centered around the People's Party, which for years had influence over the appointment of the court's judges. The proposed changes have met with sharp criticism from the opposition and parts of the legal community, who see them as a threat to the balance of powers and the independence of the judiciary.

Perspektywy mediów: Liberal media present the reform as a necessary adaptation of the institution to contemporary realities and a strengthening of regional autonomy. Conservative media warn of „absolute power” of the government and the dismantling of a key guarantee of the rule of law.