The case of the «captive senator». The designation of regional senators and the STC 56/2022

Authors

  • María Garrote de Marcos Universidad Complutense de Madrid

DOI:

https://doi.org/10.18042/cepc/redc.128.09

Abstract

The STC 56/2022 resolves a parliamentary appeal for constitutional protection that affects the procedure for the designation of senators by the Assemblies of the Autonomous Communities. The Court’s decision, which grants amparo to the plaintiffs, is very interesting both in its substance and in the way it is judged. It introduces new developments in the contours of the right to exercise the mandate, affecting the powers of the Houses, their governing bodies and parliamentary groups. This paper offers an analysis of the judgment in its context, focusing on the procedure for designation regional senators and on the special procedural channel used.

Published

2023-09-21

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES