Rights of non-attached deputies Commentaries on Constitutional Court Judgments 14/2025 and 15/2025, of January 27. Concerning the appeals for legal protection nums. 230-2022 and 2970-2022. (BOE num. 51, of February 28, 2025)
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Abstract
The Constitutional Court, by means of amparo and on the occasion of two appeals brought by a non-attached member of the Parliament of the Balearic Islands, analyzes the profiles of the aforementioned figure and pronounces on the scope of his powers, concluding that the resolutions Balearic Parliament Bureau which refected or denied various requests made by the said deputy in relation to the exercise of certain powers, resolutions challenged as damaging to the right of political representation, recognized in article 23.2 CE, do not produce the alleged injury nor do they affect the right of the appellant to fully exercise his parliamentary functions. With this, the High Court, while confirming the correctness of the actions of the Bureau of the Parliament, protected by articles 27.1 b) and 28 of the Standing Orders of that assembly, validates the limitation of rights and powers of the elected official who, expelled from his parliamentary group in the Chamber, is therefore left without attach to any parliamentary group.
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