Election of members for the Management Board of the public entity Radio-Television Madrid. The Parliamentary Board must set out the reasons for any decision when fundamental rights are at stake Comment to Decision of the Constitutional Court 20/2018, of March 13, concerning the appeal for legal protection number 1821-2016 (B.O.E. num. 90, of April 13, 2018)

Abstract

This paper analyses the Judgment 1821-2016 that resolves the appeal for protection promoted by the Services Regional Federation of the General Workers Union from Madrid, in relation with the Agreement of the Bureau of the Assembly of Madrid designating professional and social organizations to propose five candidates for the Management Board of Radio-Television Madrid. The Constitutional Court considers that the Agreement of the Bureau of the Assembly involves an arbitrary exclusion of the apellant workers union from the election procedure. The Bureau’s decision was issued strictly on the basis of the Control Committee’s agreement arising from the vote that, to that effect, was held during the corresponding session. The Court states that such vote does not constitute any motivation, but an expression of a reason of political opportunity, as the Control Committee -and later, the Bureau of the Assembly- should hove set out the reasons on whether the professional or social organizations had met the legal requirements to take part in the election procedure or not. Such a reasoning is necessary since the case deals with parliamentary acts affecting third porties’ fundamental rights -rights of access in equal conditions (art. 14 of the Spanish Constitution), to public social media (art. 20.3 of the Constitution) and unionisation (art. 28.1 of the Constitution).