Reflexiones constitucionales (españolas y europeas) a propósito de la pandemia

Abstract

For its comparative interest in the field of Constitutional law, this article analyzes the main constitutional problems caused by the Covid-19, pandemic that has been ravaging our societies, healthcare systems and economic activities since the beginning of the year 2020. Assuming the inevitable provisionality derived from an open state of affairs, still pending the adaptation of political decisions, we examine, in first, the following questions of spanish constitutionality: the exception regulation approved under the declaration of the state of alarm, the operation of extensions and parliamentary controls, the main debates on the rights affected and the impact normative caused in the legal system. And, secondly, already in the field of European constitutionality, the legal issues linked to the economic and financial solution that, according to the European institutions, the current situation demands, are defined and clarified. In this sense, regarding the controversial PSPP Judgment of the BVerfG, of May 5, 2020 (ECB decisions on the Public Sector Purchase Programme), we analyzed the main legal, political and economic keys that explain the formally harsh jurisdictional dialogue between the aforementioned BVerfG and the ECJ, and it`s valued the great opportunity for advancing towards a best implementation of founding objectives of European constitutional integration process within the framework of the inalienable principles of the rule of law and democratic parliamentarism.