On the principle of legality in criminal law and the deprivation of the right to exercise representative public office Commentary on Constitutional Court’s Judgments 8/2024, of January 16 and 24/2024, of January 31, concerning the appeals for constitutional protection of fundamental rights nums. 697-2022 and 74-2022. (BOE num. 45, of February 20, 2024 and num. 53, of February 29, 2024)

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Andrea García de Enterría Ramos

Abstract

The Constitutional Court’s judgments 8/2024, of January 16, and 18/2024, of January 31, decided appeals for constitutional protection of fundamental rights filed by Mr. Alberto Rodríguez Rodríguez regarding the judgment of the Criminal Chamber of the Supreme Court that convicted him of the crime of attack against law enforcement officials, and against the decision of the President of the Congress of Deputies by virtue of which he was deprived of his seat. In the mentioned judgments, the Constitutional Court analyses, on the one hand, the principle of legality in is criminal conviction and, on the other hand, the loss of the status of parliamentarian in execution of an annulled sentence.

Article Details

Keywords:
Constitutional Court, appeal for constitutional protection of fundamental rights, principle of legality, principle of proportionality, deprivation of passive suffrage, loss of parliamentary status
How to Cite
García de Enterría Ramos, A. (2024). On the principle of legality in criminal law and the deprivation of the right to exercise representative public office: Commentary on Constitutional Court’s Judgments 8/2024, of January 16 and 24/2024, of January 31, concerning the appeals for constitutional protection of fundamental rights nums. 697-2022 and 74-2022. (BOE num. 45, of February 20, 2024 and num. 53, of February 29, 2024). Journal of the Cortes Generales, (117), 421-434. https://doi.org/10.33426/rcg/2024/117/1820

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Reports and Parliamentary Case law with commentaries