The violation of parliamentary representation rights of mp´s because of not meeting convoking or not including items at the agenda Commentary on Constitutional Court Judgment 173/2020, of november 19. Concerning the appeal for legal protection num. 5084-2017. (BOE num. 332, of december 22, 2020)

Abstract

The judgement contributes to the definition of the right to access to public office of article 23.2 of the Spanish Constitution, concluding the, although the decisions of the Speaker and the Bureau of the Parliament could, moving along the meetings along the schedule or not including initiatives at the agenda, infringe the rights included as ius in officium of MP’s, actual initiatives must be concreted at petitum as well as the way the acts of those ones entailed deprivation of their functions exercise, as infractions cannot be declared abstractly.