The provisional prison as a limit to the right to exercise representative public office. Commentary on Constitutional Court Judgments 155/2019, of November 28, 2/2020 and 4/2020, of January 15. Concerning the appeals for legal protection nums. 814-2018, 2115- 2018 and 2228-2018. (BOE nums. 5, of January 6, 2020 and 39, of February 14, 2020)

Abstract

The Constitutional Court judgments 155/2019, of November 28, 2/2020 and 4/2020, both of January 15, decided appeals for constitutional protection of fundamental rights in the context of the criminal process against the main leaders of the autonomous community of Catalonia, in connection with the legal and political events that occurred in 2017 resulting in their conviction by the October 14, 2019, judgment of the Second Chamber of the Supreme Court. In the mentioned judgments, the Constitutional Court analysed in detail the provisional imprisonment and its eventual clash with the right to exercise representative public office, among others. In each case, the Constitutional Court decided, as applicable, for the inadmissibility or partial or total dismissal of the appeal.