September 18, 2020

The Constitutional Court will study whether it is legal to use innovative formulas to promise the office of deputies or senators


The Plenary of the Constitutional Court has agreed this Wednesday by a majority of eight votes to admit for processing the appeals of the PP and Citizens against the agreements of Congress and the Senate that gave as valid the innovative formulas that several parliamentarians of pro-independence formations and United We Can used to take office in the first legislature of 2019, which lasted between May 21 and December 3 of that year and which was unsuccessful because it was not possible to form a Government.

The conservative sector of the Constitutional Court asks to study a complaint from Vox to leave 29 deputies without a seat due to their way of promising the position

The conservative sector of the Constitutional Court asks to study a complaint from Vox to leave 29 deputies without a seat due to their way of promising the position

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The guarantee court appreciates that in the resources of both formations there is a special constitutional significance because the matter raised transcends the specific case and could have general political consequences, which will imply the need to clarify its doctrine, as reported by the institution in a Press release.

During the tense session that opened the XIII legislature, deputies from different formations adorned their formulas to comply with the Constitution with ideological additions and nationalist, republican or environmentalist references.

“For democracy and social rights”, pointed out some deputies of United We Can; “For Spain” said the president of Vox, Santiago Abascal. In addition, the deputies of Esquerra and JxCat promised the Constitution by legal imperative and they also did so “with loyalty” to the mandate of the referendum of October 1, 2017.

The discussion about whether the innovative compliance formulated by some parliamentarians when assuming their seat is legal is not new for the Constitutional Court, which in October 2017 rejected an appeal presented by the PP against the refusal of several Basque parliamentarians to swear to the Constitution .

On that occasion it ruled that “not any parliamentary act that infringes the legality of the parliamentary ius in officum is detrimental to the fundamental right” that was invoked, for which it rejected the appeal of the PP, according to the ruling issued at the time to which it has had access Europa Press.

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FAITH OF ERRORS

In a first version of this information, it was stated that the appeal that the Constitutional Court had admitted for processing referred to the oaths of deputies and senators during the current legislature.

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