Constitutionality of Sentences Against Different Authorities and Members of The Parliament for Acts Committed During the Secessionist Process in Catalonia Commentary on the Constitutional Court Judgments 105/2021 and 106/2021, of May 11, and 107/2021, of May 13, Concerning the Appeals for Legal Protection Num. 6239-2019, 1407-2020 and 2670-2017. (BOE Num. 142, of June 15, 2021)

Article Sidebar

PDF (Español (España)) PDF [ficha] (Español (España)) HTML [ficha] (Español (España))
Published: Dec 30, 2021
DOI: https://doi.org/10.33426/rcg/2021/111/1632

Main Article Content

Jesús María González García
Catedrático de Derecho Procesal. Universidad Complutense de Madrid
https://orcid.org/0000-0002-5335-4748

Abstract

The analyzed decisions declare the constitutionality of different resolutions related to the secessionist process that occurred in Catalonia between 2014 and 2017. STC 105/2021 declares adjusted to the right of access to public office (art. 53.2 CE) and the due process (art. 24.1 CE), the decisions of the parliament board that deprived the indicted, who subsequently was elected member of the Congress, certain rights as a result of the precautionary suspension of his functions. SSTC 106/2021 and 107/2021 dismiss the appeals for legal protection filed against two Supreme Court judgments, which condemned the appellants as authors, respectively, of a crime of sedition and disobedience. Constitutionality of the temporary suspension of members of the parliament as a result of the bill of indictment in criminal case for the crime of rebellion.

Article Details

Keywords:
Precautionary suspension of the functions of public office, crime of sedition, right of access to representative positions, right to an impartial judge, right to a judge predetermined by law, principle of criminal legality, proportionality, right to evidence
How to Cite
González García, J. M. (2021). Constitutionality of Sentences Against Different Authorities and Members of The Parliament for Acts Committed During the Secessionist Process in Catalonia: Commentary on the Constitutional Court Judgments 105/2021 and 106/2021, of May 11, and 107/2021, of May 13, Concerning the Appeals for Legal Protection Num. 6239-2019, 1407-2020 and 2670-2017. (BOE Num. 142, of June 15, 2021). Journal of the Cortes Generales, (111), 575-588. https://doi.org/10.33426/rcg/2021/111/1632

Downloads

Download data is not yet available.
Issue
Num. 111 (2021): Second Term
Section
Reports and Parliamentary Case law with commentaries
Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

This work is licensed under a Creative Commons Attribution 4.0 International License.

© Congress of Deputies. The original copies published in the online and printed versions of this Journal constitute the property of the Cortes Generales, recognizing the need to refer to the authorship and source of every partial or total reproduction.

Unless otherwise specified, all contents of the online version are distributed under a distribution and usage license: “Creative Commons Attribution 4.0 International (CC BY 4.0)”. You can check the informative version and the legal document of the license freely.

 

Funding data