The Statute for Members of Parliament and the requirements to access the position Commentary on Constitutional Court Judgments 148/2022 and 149/2022, of November 29, concerning the Appeal for legal protection nums. 1194-2021 and 1212-2021. (BOE num. 5, of January 6, 2023)

Abstract

The Constitucional Court judgements 148/2022 and 149/2022, both of November 29, decided appeals for constitutional protection of fundamental rights in the context of the criminal processs that took place in Spain at the autonomous community of Catalonia which resulted into the referendum regarding the unilateral independence of the territory on October 1, 2017 and the application of Article 155 of the Spanish Constitution. This criminal process against the political leaders of the autonomous community of Catalonia were resolved by the Judgment of the Supreme Court, of October 14, 2019.

 In these judgments, the Constitutional Court analyzes the requirement imposed by the Spanish Electoral Administration of the necessity to comply with the Consitution for the candidates elected to the European Parliament, the request for the suspension of the immunity and the violation of fundamental rights, related to Article 23.2 of the Spanish Constitution.