The paralysis of a parliamentary inquiry committee violates the right of its members to exercise representative functions Commentary on the Constitutional Court’s judgment 12/2019, of January 28, concerning the Appeal for Legal Protection num. 799- 2018. (BOE num 46, of February 22, 2019)

Abstract

The judgment represents a new contribution to the extensive jurisprudential construction process of the right to access to public office of article 23.2 of the Spanish Constitution. The judgment concludes that excessive and unjustified delay, equivalent to paralysis, in the work of a parliamentary inquiry committee created in the Parliamentary Assembly of Castilla y León, impacts the essential core of the appellants´ ius in officium and endangers the fulfillment of the purpose for which the committee was created, as well as restricts or prevents the exercise of the representative functions by its members.