The Constitutional Court provisionally suspended articles from three recently approved laws

On August 4, the Constitutional Court announced several decisions adopted by its Admissions Chamber. Among them was the provisional suspension of a transitory provision of the Organic Law on Public Integrity, several articles and the regulations of the Organic Law on Intelligence, as well as certain articles of the Organic Law on National Solidarity. This measure halts the immediate application of these provisions while an analysis of their compatibility with the Constitution is carried out.

In total, the Constitutional Court suspended 16 articles belonging to three recent laws:

• The Organic Law on National Solidarity, focused on combating criminal economies;
• The Organic Law on Intelligence, which regulates the National Intelligence System; and
• The Organic Law on Public Integrity, which establishes rules for public procurement processes. 

The suspension also covers parts of the regulations and related transitory provisions.

The decision is provisional in nature and seeks to prevent the enforcement of provisions that could cause significant legal consequences before confirming their constitutional validity. These types of preventive measures are intended to safeguard fundamental rights and prevent potential abuses of power while the corresponding legal analysis is conducted.

Among the rights the Court considers at risk are privacy and personal data protection, particularly regarding the Organic Law on Intelligence; legal certainty and the principle of legality, in relation to the Organic Law on Public Integrity; and proportionality in the exercise of state power, to prevent excessive authority.

As a result, the challenged articles will remain suspended until the Constitutional Court concludes its review and determines whether they comply with the principles and guarantees set forth in the Constitution. This resolution underscores the importance of maintaining strict oversight over laws that directly affect citizens’ rights.

At Quevedo & Ponce, we have extensive experience in constitutional law and regulatory compliance, advising our clients on the interpretation, application, and defense of their rights against legal and regulatory provisions. Our team provides strategic support in proceedings before the Constitutional Court and other bodies, ensuring solid and effective solutions.