On the complex practical enforcement of article 134 (6) of the Constitution Comment to the Decisions of the Constitutional Court 139/2018, of September 17 and 17/2019, of February 11, concerning the appeals for legal protection numbers 4877-2017729-2018 and 1104-2018 (B.O.E. num. 22, of January 25, 2019, and num. 67, of March 19, 2019)

Abstract

In the Judgments 139/2018 of 17 September and 17/2019, of 11 February, the Constitutional Court upheld two constitutional complaints for infringement of the right to exercise representative functions in relation to the right of citizens to participate in public affairs through representatives (Article 23 of the Spanish Constitution). In both judgments, the Constitutional Court considers that the Bureau of the Congress of Deputies has not exercised its qualifying function in accordance with the constitutional requirements deriving from Articles 23.2 and 134.6 of the Spanish Constitution, since it failed to appreciate that the Government’s opposition did not conform to the criteria of the case law on Article 134.6 of the Spanish Constitution.