Impact of the provisional prison on the fundamental right to the exercise of public office and other matters. Commentary on Constitutional Court Judgments 155/2019, of November 28, and 11/2020 and 12/2020, of January 28. Concerning the appeals for legal protection nums. 814-2018, 4855- 2018 and 5488-2018. (BOE nums. 5, of January 6, 2020, and 52, of February 29, 2020)

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Published: Dec 28, 2020
DOI: https://doi.org/10.33426/rcg/2020/109/1543

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Tatiana Recoder Vallina
Profesora de Derecho Constitucional. Universidad Carlos III de Madrid. Letrada de la Asamblea de Madrid. Doctora en Derecho

Abstract

The fundamental right contemplated in art. 23.2 of the Constitution is not absolute. It is possible to establish limitations on the exercise of public office, as would occur in the case of preventive detention, provided that the requirements set forth in the legislation and jurisprudence are met. Likewise, the importance of respecting the procedural principles in the processing of appeals before the Constitutional Court is analyzed.

Article Details

Keywords:
Suspension of access to public office, provisional detention, principle of proportionality, procedural issues
How to Cite
Recoder Vallina, T. (2020). Impact of the provisional prison on the fundamental right to the exercise of public office and other matters. : Commentary on Constitutional Court Judgments 155/2019, of November 28, and 11/2020 and 12/2020, of January 28. Concerning the appeals for legal protection nums. 814-2018, 4855- 2018 and 5488-2018. (BOE nums. 5, of January 6, 2020, and 52, of February 29, 2020). Journal of the Cortes Generales, (109), 629-639. https://doi.org/10.33426/rcg/2020/109/1543

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Issue
Num. 109 (2020): Second Term
Section
Reports and Parliamentary Case law with commentaries
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