Comment on judgment 46/2023 of 10 May: does it involve an incident of execution of TC resolutions through the distortion of the parliamentary protection appeal?

Abstract

In this judgment, the Constitutional Court applies its well-established case law on the duty of the bureaux of the legislative chambers to refuse parliamentary initiatives whose processing may lead to the failure to comply with their judgments and orders, on the occasion of an appeal for protection filed ex Article 42 LOTC by parliamentarians who are not the authors of the parliamentary initiative, which is the subject of the appeal. The Constitutional Court considers the appeal, stating that the ius in officium of Article 23 SC also includes the right of parliamentarians to prevent the processing of parliamentary initiatives filed by other parliamentarians, whenever this ones involve the non compliance of previous TC resolutions. The analysis of the judgment argues that this doctrine poses an incident of execution of the TC resolutions in favour of parliamentarians at the expense of denaturalizing the parlamentary protection appeal.