Abstract
One of the problematic issues in the theory of law is the gap in the legislation, which is interpreted as a case when “the issue to be legally considered and resolved is not provided for and regulated in any norm of law. The law of some countries recognizes the concept of unconstitutional legal inaction. According to the Spanish Constitutional Court, unconstitutional legal inaction exists when the constitution instructs the legislator to issue a norm (specific) of the constitution, but the legislator does not do so.