El Tribunal Constitucional y las Cámaras Legislativas: una reflexión al hilo de la STC de 28 de octubre de 2021

Abstract

The core focus of this work is to analyze the legal category ofparliamentary inviolability. The author defines it as the lack of jurisdiction tocontrol its operation as legislative house. The only exception is the protectionof fundamental rights of its members. The Constitutional Court can deliverdeclarative judgments in the case of infringements of the rights of parliamentarymembers. The case law by the Constitutional Court, and specifically judgment184/2021, does not deal with the scope of the category of the inviolability ofParliament. The consequence is the conversion of the Constitutional Court in aprior reviewer of issues that the Houses can debate. Another consequence is thepossibility of prosecution of the members of the Parliament for not respectingan order of the Constitutional Court. This latter is an expression of the lack of parliamentary inviolability of the House contrary to the provisions of theConstitution and the Statutes of Autonomy.

Keywords

• separation of powers
• constitutionalcourt
• parliamentary immunity
• value of constitutional caselaw