THE QUESTIONABLE JURISPRUDENCE OF THE CONSTITUTIONAL COURT ON TWO SPECIFIC ASPECTS OF THE CONSTITUTIONAL PROCESS PROVIDED FOR IN TITLE V OF THE LOTC: PROCESSING ACTS AND NATURE OF THE AUTOMATIC SUSPENSION

The purpose of this work is to shed some light on two issues pertaining to the constitutional process provided for in Title V of the LOTC since they have not been satisfactorily resolved by the Constitutional Court; issues such as the procedural acts that are part of the legislative procedure and the legal nature of the automatic suspension of the contested regional provision. With regard to the first, and in contrast to the doctrine of the TC, the text offers sufficient reasons to consider that they may also be subject to the challenge process provided for in Title V of the LOTC, although in certain assumptions. And with regard to the legal nature of the automatic suspension of the resolution or provision without force of law of the Regions, and also questioning the jurisprudence of the TC, sufficient arguments are offered to consider that the suspension, provided for in art. 161.2 CE and 76 of the LOTC, is essentially of a precautionary nature.