The reform of Law 7/2014 should have taken place many years ago, but it was not possible due to the tortuous use that was made of terrorism after the disappearance of ETA. Fortunately, now is the time to do so.
The body and procedure by which the right is created, as well as the recognition of fundamental rights, do not constitute an optional constitutional right, but a compulsory constitutional right. There is not a single Constitution in the world in which the body holding legislative power and the procedure by which that legislative power is to be exercised have not been defined.
And there was none because, without this definition, there would be no constitutional State capable of functioning. Readers surely remember that I have repeatedly said that the Constitution is a superfluous norm, which does not resolve any problem that arises in coexistence. No one has had, has had, or ever will have a problem solved by the Constitution.
The Constitution does not resolve, but on the contrary allows, any problem that arises in coexistence to find a political response in a legally ordered manner. And this requires the presence of a democratically elected body that is given legislative power, the power to create the law necessary to address any problem that arises.
In addition to the body, the Constitution also defines the procedure by which said body must approve the law, although in this area it generally refers to parliamentary regulations to elaborate it definitively.
Once the body holding legislative power has approved a law according to the legislative procedure, we move on to what is called the phase of integration of the effectiveness of the norm, which consists of the sanction and promulgation by the head of state and publication in the BOE. . In this phase of integration of the effectiveness of the standard, no modification can be made to the text approved by the body holding legislative power according to the established procedure.
The principle of parallelism of forms requires that once a law has been approved at the end of the legislative procedure, it can only be modified or repealed by another norm of the same rank.
This is exactly what happened with the reform of Law 7/2014, unanimously approved on September 18 by the Congress of Deputies. Once the reform was processed under the emergency procedure, the Senate had twenty days to approve it in the same terms, modify it or veto it. No amendment or veto having been recorded, it can be understood that the Senate approved the reform of the law in the terms in which Congress approved it.
The reform of Law 7/2014 was removed from the Senate agenda by its president, but with this he only manages to postpone its approval for a week, since next week will mark twenty days since the reform was sent by the Congress of Deputies. in the Senate.
The PP and Vox have addressed the President of the Government to withdraw the reform of the law already approved, but this is not constitutionally admissible, since it is not the Government, but the Cortes Generales, the organ Constitutional Court which approved the reform of the law. law. Even if the President of the Government wanted it, he can no longer do it.
Another thing is that the PP and Vox parliamentary groups are preparing a bill to reform the recently approved reform and are asking the other parliamentary groups to approve it.
This is the only possibility that the constitutional order allows so that the recently approved reform does not have the effects that this norm has in all the other countries of the European Union, since the reform of law 7/ All that 2014 does It is about transposing a European directive and placing Spanish citizens in the same situation as citizens of other countries of the Union.
In my opinion, this should have happened many years ago, but it was not possible due to the tortuous use that was made of terrorism after the disappearance of ETA. Fortunately, now is the time to do so.
