The intervention of the Constitutional Court in the parliamentary procedure: a commentary on order 177/2022 of 19 december

Abstract

The recent Order 177/2022 of 19 December is one of the decisions of the Spanish Constitutional Court that has generated most controversy, both in doctrine and in Spanish society, throughout the more than 40 years of existence of the supreme guarantor interpreter of the Constitution. In addition to the substantive issues relating to the appeal for parliamentary protection filed by several national deputies for alleged violation of art. 23 CE (ius in officium) resulting from the decision of the Bureau of the Justice Commission of 12 December 2022 (by which partial amendments 61 and 62 to the Bill being processed were admitted for processing)- The High Court’s adoption, somewhat questionable, of a precautionary measure inaudita parte which led to the paralysation of the legislative procedure of this Bill, as a consequence of the insufficiency of effective parliamentary resources to guarantee this fundamental right, becomes relevant.