Pandemic, legal security and the rule of law –

Politics, understood as an exercise aimed toward attaining and exercising energy, is so intimately linked to regulation -understood this because the algorithm that regulate coexistence in society- that it’s tough, if not inconceivable, to unravel the place one begins and one other ends.

This shut interrelation has a collection of manifestations that, not for identified, ought to be ignored. Thus, it’s value remembering that energy (the efficiency of public workplace) in our democracy is reputable as a result of it’s achieved in a peaceable and orderly method by free and honest elections regulated, because it might be in any other case, by the Regulation. by the regulation that we give ourselves collectively.

Nevertheless, the query of the legitimacy of energy doesn’t finish in electoral victory, however requires a steady and steady examination on a day-to-day foundation by full respect for the authorized norms to which energy can be topic. In different phrases, elections usually are not a letter of marque that enables politicians to behave as they please for 4 years till the following elections.

A cursory examination of the composition of the totally different governments of any Autonomous Neighborhood reveals this: the Governments of Andalusia, Madrid or Navarra, to offer only a few examples, are supported by parliamentary teams that didn’t win the corresponding elections within the whole vote rely; And but nobody, besides those that want to twist the way in which our democracy works, might suppose that they maintain workplace in an illegitimate manner. And they’re reputable (along with their parliamentary assist) as a result of they govern in keeping with Regulation, by beforehand established norms and in keeping with authorized procedures.

Not in useless, article 9.3, along with a collection of ideas that not solely act as informants of the ordinance, but additionally have full sensible utility, supplies that “The Structure ensures (…) the precept of legality (…) and the accountability and interdiction of the arbitrariness of public powers.”

The rule of regulation is due to this fact not solely democracy Or, in any case, this isn’t solely to train the best to vote, but additionally consists of respect for a collection of ideas and ensures that restrict energy and shield the person.

A kind of ideas is exactly authorized safety, a precept that may be thought of because the very basis of regulation. The regulation can’t be honest with out the assure of stability, of safety, which is presupposed. The general public powers are particularly topic to it, since it’s as much as them to approve the principles that govern all.

No one would say that an order wherein essentially the most elementary authorized certainty is just not fulfilled is simply. Consider a algorithm that can’t even be identified, for instance, how a lot proportion of your wage you pay in private earnings tax, whether or not or not your tenant can do works or, extra worryingly, the years in jail you could face if is accused of some crime. Moreover, think about a system wherein the reply to these questions depended solely on the choice arbitrary of an individual.

Now take into consideration the uncertainty of not understanding in the event you can depart your home or not, in the event you can depart at a sure time or not, in the event you can see your loved ones or not, on the road or at dwelling or in a bar. Even so, all of them questions that, badly than properly, we are able to know clearly; however others such because the quantity of people that can journey in the identical automotive and in what situations or the capability contained in the bars have diversified a lot that it isn’t simple to maintain updated. And is that the marasmus of extraordinary tendenciess has made true information of the principles practically inconceivable even for specialists.

Thus, for the reason that approval of RD 463/2020 of March 14, which proclaimed the primary state of alarm, we now have seen one of the crucial vital qualities of the authorized system in a State of Regulation blow up: certainty; the one which makes him, to a big extent, what he’s.

However though the coronavirus pandemic can function an evidence for the deterioration of the authorized system, in no case can it function an excuse as a result of, as we stated, it’s the public powers (topic to the Structure by crucial of its article 9.1) that correspond efficient constitutional mandates and respect its ideas.

And their respect for certainty and authorized certainty could be described as poor on the very least. Allow us to put apart the doubtful use of the state of alarm for the suppression of basic rights (a perform that, for a lot of, together with myself, exceeds the scope that the structure grants it – learn article 55.1 CE – and that may quickly be the topic of of pronouncement by the Constitutional Courtroom); and that, below the umbrella of “co-governance”, it has been withdrawn from the selections on the restrictions to the autonomous parliaments (annoying to legislate on the stroke of a decree). Allow us to focus solely on the amount of overlapping, repealing and “reappropriation” decrees which have occurred since March 2020. Solely in Murcia, from the place I write, a couple of hundred orders from the Ministry of Well being have been permitted and, from January to March 2021 , as much as 33 decrees of the president (it’s honest to say that a few of them – in a minimal quantity – had nothing to do with well being administration).

It’s not stunning that the recipients of those rules endure boredom and now not know very properly what to anticipate or what they will or can’t do of their day-to-day lives.

It’s exactly this on which we should focus and what ought to concern us as we speak: this lack of democratic legitimacy that runs the danger of result in a disaster of obedience to the regulation. As a result of what’s at stake is nearly as vital because the lives of every one among us for whose safety so many guidelines have been adopted. Along with the truth that, by the way, the adoption of efficient measures for the safety of well being is just not incompatible in any respect with respect for the precept of legality and essentially the most elementary procedures typical of the rule of regulation.

When certainty disappears from the regulation, when it’s perceived as unfair or pointless, then it turns into an empty shell; in one thing that’s imposed by the mere use of drive (see sanction or risk of sanction). Which makes obedience to the principles resentful. Not even these which are taken to guard everybody’s well being will now not be seen as reputable and crucial; and they’re going to solely be fulfilled whereas that threatening drive is current. Particularly, so long as the police can catch me. As quickly because it disappears, non-compliance with the rule will germinate like weeds. Right now, that interprets to well being threat.

For sure, the coronavirus pandemic requires an effort on the a part of all, together with daring options to beat it, however steadily dismantling the rule of regulation is just not the answer. As a result of when the pandemic disappears and the following disaster impacts us, the authorized system could also be so reviled that it’s now not legitimate for the very elementary perform of limiting energy and defending us all towards the arbitrariness of the general public powers.

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