‘Errors are not chosen… for better or for worse’: the constitutional court rules on the Casero case Commentary on constitutional court ruling 114/2024 of 11 september and concurring opinions

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Enrique Ortea García

Abstract

In STC 114/2024, the Constitutional Court establishes its jurisprudence on mistakes in telematic voting, which it applies in other concurrent resolutions. Based on previous reasonings such as STC 361/2006, it recognizes the
right to vote as part of the ius in officium of parliamentarians. Also, based on the determination of the legal status of a particular session, it analyzes questions like the method of verification of the personal cast of the vote, the request to the Bureau to hold a meeting in order to resolve different issues and the limits on the principle of most favourable interpretation to the effectiveness of rights.

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Keywords

Bureau, ius in officium, Presidency, Principle of personality of the vote, Rectification, Telematic voting, Voting mistake

How to Cite

‘Errors are not chosen… for better or for worse’: the constitutional court rules on the Casero case: Commentary on constitutional court ruling 114/2024 of 11 september and concurring opinions. (2024). Journal of the Cortes Generales, 118, 481-498. https://doi.org/10.33426/rcg/2024/118/1845

Section

Spanish parliamentary case law with commentaries

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