Gobierno de la crisis. Uso y abuso del Decreto-ley

Abstract

The economic crisis we face seem to require exceptional measures continuously and without limit; acute need has found immediate reflection in the form of legislation. Suddenly the decree law is presented as the system, to the point that the urgency —as substrate of the crisis— can do everything. Hence worth to analyze the ruling STC 68/2007 of 28 March, as an exception to the jurisprudential line permissive with the use of the decree law; and the Royal Decree Laws 8/2010 of 28 March; 13/2010 of 3 September; and 14/2010 of 23 December, with the possible involvement of basic Rights, such as collective bargaining, equality; or principles such as legal certainty or non-retroactivity of punitive provisions that are not favourable to or restrictive of individual rights; and to force the Constitutional Court to rule on the proper use of this figure or otherwise limit the abuse of it by returning the figure to its constitutional limits.