The uncertain path of the deputy Casero’s appeal | Spain

The chances that an appeal for protection from the PP on the vote on the labor reform last Thursday in Congress will be admitted for processing by the Constitutional Court are very high, but those that it will obtain a favorable sentence are much less, according to the consulted jurists agree. The only precedent that bears similarities to this case, that of the Constitutional ruling that in 2006 annulled a vote by the Basque Parliament due to an error in the registration of a telematic vote, is not directly comparable to this one.

That deliberation focused on the lack of verification of an alleged failure in the mechanism: the deputy Irene Novales -of the PSE, then in the opposition- claimed to have pressed the “no”, but her decision was not computed. The Budgets were approved by 37 votes to 36, and the Chamber’s lawyers attributed the problem to an error by the parliamentarian, which, however, could not be verified. In 2006, the Constitutional Court granted protection to Novales and annulled the vote, but since two years had already passed, and the Budgets had been executed, the ruling had no effect.

Limit rights

In the case of voting on the labor reform, the system installed in Congress requires a confirmation action from the deputy, which reduces the chances that the direction of the vote will be altered due to a technical failure. In the episode of the Basque Parliament, the vote of the parliamentarian was not counted, while in the one that now raises conflict it has been proven that the popular Alberto Casero voted. Thus, the chances of the resource prospering are reduced. In any case, the Constitutional Court underlined in 2006 that the rules that may limit the rights of parliamentarians must be interpreted in a “restrictive” manner.

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After what happened on Thursday in Congress, among the constitutionalists consulted by EL PAÍS, the criterion prevails that, “although the telematic vote can lead to controversies, the guarantee of its operation is key to not allowing subsequent corrections, especially if there are a reinforced system of prior control”. Otherwise, a wide channel would be opened for incidents of all kinds, which instead of providing greater security would facilitate permanent confrontation between parliamentary forces, who could ask to review any decision in view of the results of the first ballot.

However, among the experts it is also mentioned that “the Congressional Table could have met” to examine the allegation of Deputy Casero before the vote on the labor reform, another of the aspects in which the PP affects.

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Resources related to parliamentary matters accumulate to the Constitutional Court. He has pending the challenges of the PP and Vox against the additions of deputies from various groups to the formulas of oath or promise of office and compliance with the Constitution, in the constitutive act of the Cortes. And also the appeal of the Podemos deputy Alberto Rodríguez against the decision of the president of Congress, Mertixell Batet, to withdraw his seat after being condemned by the Supreme Court.

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George Holan

George Holan is chief editor at Plainsmen Post and has articles published in many notable publications in the last decade.

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