The infraction of the right to exercise representative public office by decisions of action and omission by the Presidency of the Parliament Commentary on Constitutional Court´s Judgment 66/2021, of March 15, 2021. Concerning the appeal for legal protection num. 980-2020 (BOE num. 97, of April 23rd, 2021)

Abstract

The judgment outlines the content of the right to hold public office regulated in Article 23.2 of the Constitution by considering that the governing bodies of the Chambers are not bound to a single legal interpretation of the many that may exist and, therefore, an interpretation different from that of the appellants does not violate the core of their rights as parliamentarians by itself.

In this sense, the Constitutional Court emphasizes that it is not possible that, by the plead of the right of Article 23.2 of the Constitution, the High Court can impose its own criterion on that of the competent bodies of the Chambers adopted in the exercise of the powers constitutionally and statutorily entrusted to them, which is an expression of respect for parliamentary autonomy.

Al last, the Constitutional Court reiterates its doctrine regarding the insufficiency of an unspecific and generic allegation of a hypothetical violation of the ius in officium without specifying in the complaint the precise terms in which the essential content of his right to hold public office has been affected.