New (and necessary) limits to committees of inquiry: regional competences and King’s immunity Commentary on Constitutional Court’s Judgement 111/2019, of October 2. (BOE num. 262, of October 31, 2019)

Abstract

The Constitutional Court upheld the appeal submitted by the Government under Title V LOTC against Resolution 298 / XII of the Catalan Parliament, through which it is agreed to constitute a parliamentary commission of inquiry into the monarchy. This ruling is produced considering that, in the first place, when trying to politically control an institution that has the nature of a constitutional body of the State, the resolution exceeds the powers of the Autonomous Community of Catalonia, a framework that defines the capacity to act of regional committees of inquiry and, in general, that of regional Parliaments itself. On the other hand, the formulation of a political judgment, filled, in addition, with criminal charges with respect to, at least, the current monarch and his predecessor, violates the inviolability of the person of the King and his non-subjection to liability established in the art. 56.3 CE.