LA NULIDAD DIFERIDA DE LAS LEYES EN CASO DE OMISIÓN DE INFORMES AUTONÓMICOS PRECEPTIVOS
Keywords:
deferred nullity, unconstitutionality declaration, autonomic communities, mandatory reports
Abstract
In the Spanish legal system, nullity is related to the idea of radical and retroactive disability. However, especially in recent years, the Constitutional Court has been making use of the possibility of delaying the effectiveness of a declaration of unconstitutionality, so that a null law remains valid for a certain period of time. The so-called «deferred nullity» has recently been used in two cases of infringement of the 3rd additional provision of 1978 Constitution, about the Canary Islands special regime, which has allowed its application to be extended to other affairs of omission, during the procedure state legislature, of mandatory autonomic reports.
