El debate sobre el juramento o promesa de acatamiento de la Constitución por los parlamentarios tras la STC 65/2023

Abstract

The Congress and Senate¿s Inaugural Sessions for the XIII, XIV and XV terms were controversial due to the way some parliamentarians took the oath to uphold the Constitution, by adding to the usual format very diverse statements. The Constitutional Court has a well-established doctrine on the matter, which is analysed in this paper. However, very recently, it has occurred that a group of representatives appealed to the Court after considering that the acceptance of specific ways of taking the oath by the Presidency violated his ius in officium. The paper analyses the ruling of the Court (65/2023) from a critical point of view, and it concludes that it would be desirable to ensure flexibility or remove the requirement to take the oath in order to achieve the status of representative.

Keywords

• militant democracy
• ideological freedom
• member statute
• oath
• observance of the constitution