The limits of royal decree law from the perspective of budget enabling the attendance of extraordinary and urgent need and requirements required to beneficiaries of unemployment benefit. (Commentary on the judgment of the constitutional court 27/2015, of 19 february)

Abstract

There are two issues to be analyzed, the first of legislative policy, breach of enabling budget provided for in art. 86.1 Spanish Constitution (hereinafter EC) in that, nor in the explanatory memorandum or preamble to the regulation, or in their discussion of validation would have established the existence of an extraordinary and urgent necessity justifying the amendment. The second reason is competence for the appellant submits that this new regulation introduced by RDL 11/2013 violates the constitutional division of powers, in that it attributes to the Public State Employment Service (hereinafter SPEE) the power to punish certain behaviors.