The Council of State warns against the legal nonsense it has created

to be got into Council of Ministers Like an elephant in a porcelain shop. One of the first laws introduced by the Mors was certainly so-called. Law on the Guarantee of Sexual Freedom, The only better known yes is yes, which has now led to reduced sentences for aggressors and rapists. Irene Montero.

But the published opinion State Council With regard to the norm, he put on the table another of the big problems produced by the Executive, and especially the part it manages. to be: “legal uncertainty” resulting from a major change in the legislation it has undertaken.

In particular, the institution analyzed the relationship between “preliminary legislation on the protection of victims and other legal regulations”. “created a normative distribution”The protection of minors against acts of sexual violence was once an issue already addressed in the Law on the Comprehensive Protection of Children and Adolescents against Violence, better known in the Law on Rhodes.

In addition, many aspects of the norm Irene Montero It converged with other existing legal norms, such as “a future amendment to Organic Law 2/2010 of 3 March on sexual and reproductive health and voluntary termination of pregnancy and the approval of an advertisement”. Hoc legislation against human trafficking”.

That’s why he warnedplurality of legal norms encourages undesirable conflictslegal duplication and difficulties in understanding the scope and practical application of different measures, all of which may ultimately reduce their effectiveness”, this was already described by the CGPJ in its report.

Indeed, the Council of State very serious risks to legal certaintya, The ultima ratio principle of Criminal Law and the coherence of the legal system assumes the overlapping processing of amendments to the penal norms proposed by different ministries, and without a global vision that allows to maintain the coherence and criminal proportionality of our penal system”.

And as an example, all you have to do is submit your report. CGPJ on Animal Welfare Law processed by Ione Belarrawarns, among other things, that mistreating or hitting a dog can be punished more severely than a human.

Specifically, the progressive celebrity Rose Bach He states that the claims of the law, supported by Belarra, who prepared the report on these legislative changes, “may jeopardize the principle of proportionality” by treating the offense of minor injury with the same treatment of vertebrate animals that do not require veterinary treatment. people who do not require treatment.

Because, State Council “Seemed fit to undertake the task of codifying or compiling a rich set of standards for the protection of victims (criminal or not) of different types of acts of violence; through a unified, harmonized, consistent and systematic regulation“.

The Council of State criticized “the partial and hasty amendments to the Penal Code”.

Therefore, they considered the General Coding Commission’s intervention “desirable” so that “hereafter it can provide rationality and consistency in the face of continuous successive changes”. Penalty CodeFragmented and hastily”.

And so that, as time passes and elaborated by the norms State Problems come to the surface, and all of them turn into disasters with the desire for regulations to be ready as soon as possible.