Comment on constitutional court of spain judgement 143/2024 in relation to judgments 154/2024 and 156/2024: limitation of the performance of parliamentary bureau

Abstract

This commentary analyzes the ruling 143/2024 of the Constitutional Court, taking as reference also the subsequent judgments 154/2024 and 156/2024. The conflict which gave rise to these judgments is found in the agreement of the bureau of the Parliament of Catalonia authorizing the processing of a popular legislative initiative aimed at recognizing the independence of Catalonia. In the opinion of the appellants, the Bureau of the Chamber has an obligation not to admit to trial initiatives radically contrary to the Constitution, since that admittion does not only affect the fundamental rights of parliamentarians, but also legitimizes an initiative that is manifestly unconstitutional. Against this idea, the other side defends the legitimacy of such a decision, arguing that it is fundamental to defend the political debate, essential in a democratic state like Spain. However, through these rulings the Constitutional Court confirms its previously established jurisprudence: the parliamentary bureaux must not only control the form of initiatives, but also have an obligation to examine the unconstitutionality of their content. In the face of this trend, however, there are already views that advocate political debate and pluralism. Moreover, while constitutional control is necessary, it must have clear limits, in order to ensure a healthy democracy. Therefore, this paper also briefly reflects on the balance between the fundamental political debate in parliaments and the constitutional control exercised by the Constitutional Court in the legislative chambers.