Expulsion from a parliamentary group solely at the discretionary decision of its spokesperson, as the appellants ceased to belong to the political party under which they presented themselves in the elections Commentary on the Constitutional Court Ruling 93/2023, dated September 12th. (BOE num. 244, of October 12, 2023)

Abstract

In this judgment, the Constitutional Court applies its well-established jurisprudence on the right to political representation (Article 23 of the Spanish Constitution) and declares as contrary to it resolutions of the Andalusian Parliament’s Board. These resolutions accepted the involuntary withdrawal of deputies based solely on the decision of the group spokesperson, as they had ceased to belong to the political party under which they presented themselves in the elections.