The constitutional limits of the delegation of the parliamentary vote

Reflections after STC 65/2022, of May 31

Authors

  • Alberto Anguita Susi Universidad de Jaén

DOI:

https://doi.org/10.18042/cepc/aijc.27.16

Abstract

The purpose of this paper is to analyze the constitutional compatibility between the personal, non-delegable and face-to-face nature of the parliamentary vote with its possible delegation. The nature of the representative mandate requires a rigorous and precise delimitation of the feasibility and limits (material and temporal) of the parliamentary vote delegation, so that this figure does not become in fact a kind of «disguised substitution».
The STC 65/2022 comes to establish a strict interpretation of the delegation of vote, which is only admitted in practice when its object is the exercise and not the ownership of this right, and provided that its application is exceptional and there are constitutional values and principles. that should be safeguarded in order to guarantee, under equal conditions, the exercise of the powers that make up the parliamentary ius in officium, as required by art. 23 of the Spanish Constitution.

Published

2024-01-29