Adequate proportionality representation in the nomination of appointed senators of the autonomous communities. The distribution formula Commentary on Constitutional Court Judgment 116/2023, of September 25. Appeal for legal protection num. 3837-2021. (BOE num. 261, of November 1, 2023)
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Abstract
In the ruling we are commeting on, the focus is on the election by the parliamentary majority of a novel distribution formula (the Imperiali formula) for the proportional distribution of senators appointed by the Autonomous Communities that left the VOX parliamentary group without an appointed senator and that it would have been obtained if another formula had been chosen. The ruling represents a singularization of the object of the ruling of the Constitucional Court 4/1992 of January 13 in which the Constitucional Court was limited to the eventual need for the application of the D’Hondt rule in the appointment of autonomous senators with supplementary nature, in the absence of an express regulatory provision on the proportional system of application.
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