The formulas of compliance with the Constitution Commentary on Constitutional Court Judgement 65/2023 of June 6. Appeal for legal protection 4577/2019 (BOE Num. 167, of July 14, 2023)

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Isabel María Abellán Matesanz

Abstract

The Constitutional Court, by means of amparo and dismissing the appeal filed by the Popular parliamentary group of the Congress of Deputies, in its ruling 65/2023, of June 6, rules out that the action of the Speaker of
the Chamber, of 21 May 2019, granting full status as deputies to those who used oath or promises formulas to comply with the Constitution in the constitutive session of the XIII legislature that did not strictly comply with the regulatory provisions, either by using a language other than Spanish, either because it contains various additions to the brief words “Yes, I swear” or “Yes, I promise”, affects the right of the appellants to also fully exercise their parliamentary functions. With this, the High Court, while denying the alleged existence of injury to the right of political representation (art. 23.2 CE), confirms the correctness of the actions of the President of Congress and, without prejudging the merits, validates the controversial formulas.

Article Details

Keywords:
Constitutional Court, appeal for constitutional protection of fundamental rights, compliance with the Constitution, public parliamentary office, ius in officium, Speaker, Bureau, Deputy
How to Cite
Abellán Matesanz, I. M. (2023). The formulas of compliance with the Constitution: Commentary on Constitutional Court Judgement 65/2023 of June 6. Appeal for legal protection 4577/2019 (BOE Num. 167, of July 14, 2023). Journal of the Cortes Generales, (116), 585-608. https://doi.org/10.33426/rcg/2023/116/1790

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Reports and Parliamentary Case law with commentaries