• The high court by three votes against two does not see reasons of urgency to remove the Vice President of the Government as a precautionary measure

  • Vox requested the precautionary suspension of the royal decree that included it, relying on the ruling of the TC that separated Pablo Iglesias

The Fourth Section of the Contentious-Administrative Chamber of the Supreme Court has been divided and by the minimum he has refused to provisionally suspend the royal decree that included in the meetings of the Delegate Commission of the Government for Intelligence Affairs, which is the one that controls the CNI, the second vice president of the Government and Minister of Labor and Social Economy, Yolanda Diazas requested by Vox.

In an order, the magistrates have declared, by three votes to two, that “no damages to the general interest are credited for the permanence” of Díaz until they resolve the merits of the appeal filed by the far-right party. Yolanda Díaz joined this commission when she was Third Vice President and Minister of Labor and Social Security.

The Chamber also does not consider that maintaining it is important, if he ends up agreeing with Vox, as the Constitutional Court did with the designation for this same responsibility of the former Vice President of the Government Pablo Iglesias and the former director of the Presidency Cabinet Iván Redondo.

The Constitutional declared unconstitutional their appointments, because the Executive of Pedro Sánchez should not have done it by decree-lawsince it was not justified in the reasons of “extraordinary and urgent need” provided by the Constitution for this legislative route.

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As with pardons

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That resolution has been the point on which the division of the magistrates that make up the Fourth Section of Contentiousness has been articulated, similar to the one that the Fifth Section experienced in its day when it came to resolving the appeals against the pardons of the ‘procés ‘.

In their private opinion, the dissenting magistrates, Jose Luis Requero and Antonio Jesus Fonseca-Herreroconsider that the ruling of the Constitutional Court that declared article 6.2 of the Law regulating the CNI unconstitutional, which allowed the vice presidents decided by the President of the Government to be included in the Delegate Commission of the Government for Intelligence Affairs, now allows the contested rule to be provisionally suspended , because its coverage comes from a law declared unconstitutional.

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