Congress’ status of members. Old and new problems

Abstract

Central issues of the Deputies' statute are addressed in this study, both from a subjective and objective perspective, based on the constitutional nature and regulatory configuration of the parliamentary mandate, with an eye toward a possible reform of the Regulations of the Congress of Deputies, necessary now that forty years have passed since its enactment. To this end, old problems are revisited and new ones are assessed in light of the evolution of our political system, academic doctrine and constitutional jurisprudence. Specifically, clarifications and proposals are made on the rights, duties and regime of incompatibilities of the Deputies; parliamentary prerogatives are analyzed in detail, about which serious questions and proposals are raised: inviolability, immunity and special jurisdiction; likewise, observations and proposals are made about the problematic requirement of taking a promise or oath for the full acquisition of the status of deputy; the regulatory configuration of the different cases of suspension is addressed; the possibility of regulating the substitution of a deputy in certain cases of suspension and in other situations is analyzed, an issue that, although not contemplated in our parliamentary law, continues to be the subject of doctrinal debate.

The study ends with a reflection about the deputy before his parliamentary group, concluding with the need for a regulatory reform that allows...