‘Errors are not chosen… for better or for worse’: the constitutional court rules on the Casero case Commentary on constitutional court ruling 114/2024 of 11 september and concurring opinions

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Enrique Ortea García

Abstract

In STC 114/2024, the Constitutional Court establishes its jurisprudence on mistakes in telematic voting, which it applies in other concurrent resolutions. Based on previous reasonings such as STC 361/2006, it recognizes the
right to vote as part of the ius in officium of parliamentarians. Also, based on the determination of the legal status of a particular session, it analyzes questions like the method of verification of the personal cast of the vote, the request to the Bureau to hold a meeting in order to resolve different issues and the limits on the principle of most favourable interpretation to the effectiveness of rights.

Article Details

Keywords:
Bureau, ius in officium, Presidency, Principle of personality of the vote, Rectification, Telematic voting, Voting mistake
How to Cite
Ortea García, E. (2024). ‘Errors are not chosen… for better or for worse’: the constitutional court rules on the Casero case: Commentary on constitutional court ruling 114/2024 of 11 september and concurring opinions. Journal of the Cortes Generales, (118), 481-498. https://doi.org/10.33426/rcg/2024/118/1845

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Section
Spanish parliamentary case law with commentaries