The infringement of ius in officium in the application of the articles 150 RCD and 129 RS

Authors

  • M.ª Pilar García Rocha Universidad de Murcia

DOI:

https://doi.org/10.18042/cepc/rep.187.08

Keywords:

Single reading, infringement of ius in officium, adequate legislative procedures, amendments to the article, parliamentary majorities.

Abstract

In this article we analyse one of the most complex aspects of the legal framework in single readings: the infringement of MPs ius in officium in the process of a legislative initiative using this abbreviated procedure. We will examine two possible violations of this fundamental right, studying, on one hand, the right not to process a legislative initiative in a single reading if some or any of the enabling circumstances established in articles 150 of the Rules of Congress of Deputies and 129 of the Rules of the Senate have not been met, and also, the right to present amendments to the article in this extraordinary process. In relation to this second case, we undertake a rigorous examination of the essential features of this right and the conditions in which its eventual violation may take place. Finally, we will highlight the inappropriate link established in the recent jurisprudence of the Constitutional Tribunal between parliamentary majorities which decide this type of process and the possibility of presenting amendments to the articles.

Published

2020-03-21

Issue

Section

RESEARCH NOTES