Proportionality in the designation of senators by a regional parliament Commentary on Constitutional Court Judgment 116/2023, of September 25, concerning the Appeal for legal protection num. 3837-2021. (BOE num. 261, of November 1, 2023)
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Abstract
The Constitutional Court dismisses the appeal for legal protection brought by Parliamentary Group Vox in the Regional Parliament of Catalonia against the decision of the Bureau of said parliament, regarding the distribution of the number of senators to be proportionally appointed after the elections to the Parliament of Catalonia in 2021. The Bureau applies the Imperiali formula in the distribution of the eight senators to appoint, among the parliamentary groups, thus excluding the appellant, but the Constitutional Court doesn’t appreciate in this choice an infringement of the adequate proportional representation demanded by the Constitution, because the arrangement of the Bureau is not limited by the enforcement of any given rule of proportionality.
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