The obligation to execute Constitutional Court Judgments does not undermine the functions of the Bureau, parliamentary autonomy or the rights of parliamentary members: regarding the Declaration of inadmissibility of the ECHR Costa i Rosselló and others v. Spain, of 27th February 2025

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Yolanda Fernández Vivas

Abstract

Several members of the Catalan Parliament appealed to the ECHR re­garding the decisions taken by the national authorities in response to the repeated submission for debate and approval in the Catalan Parliament of resolutions practically identical to those previously declared unconstitution­al by the Constitutional Court during the years of the independence process. The main reason alleged by the applicants is that the Constitutional Court, through the procedure for the enforcement of judgments, prevented the holding of certain debates on issues of general interest, violating thus their rights as parliamentary members, undermining parliamentary autonomy and also limiting the functions of the Bureau. However, with this decision, the ECHR endorses the actions of the national authorities, putting an end to the controversy arising from this matter.

Article Details

Keywords:
Bureau functions, parliamentary autonomy, parliamentary immunity, Constitutional Court, procés
How to Cite
Fernández Vivas, Y. (2025). The obligation to execute Constitutional Court Judgments does not undermine the functions of the Bureau, parliamentary autonomy or the rights of parliamentary members:: regarding the Declaration of inadmissibility of the ECHR Costa i Rosselló and others v. Spain, of 27th February 2025. Journal of the Cortes Generales, (119), 381-396. https://doi.org/10.33426/rcg/2025/119/1873

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Section
European case law with commentaries