By eight votes in favor and four against, the Plenary of
the Constitutional Court
has admitted for processing this Wednesday the appeals for amparo presented by the PP and Citizens against the agreements of the President of the Congress of Deputies,
Meritxell Batet
, and the Board of the Lower House that validated the oaths issued by certain deputies and senators of the penultimate legislature.
In addition, the court is pending to admit several more appeals against the oath formula used by parliamentarians of
United Podemos, ERC, Junts pel Cat
, the
CUP, Bildu
, the
PNV, Teruel Existe
, the
PRC
, the
BNG
and
Compromís
in the current legislature.
The legal sources consulted assume that after the admission for processing of the first two appeals on this matter, the rest of the appeals will also be admitted for processing.
In this way, extravagant formulas such as for the planet, for October 1, for the republic, for love versus hatred or for the Thirteen Roses will be analyzed in the coming months by the Plenary.
The TC will have to determine whether or not they have constitutional reserve.
The court of guarantees appreciates that the appeals presented have a special constitutional significance because the matter raised transcends the specific case of a specific deputy or senator and may therefore have "general political consequences" for the functioning of the Courts.
The admission for processing of the amparo claims is based on the need to clarify the Constitutional doctrine in a matter in which the jurisprudence dates back to the years 1983 and 1990, that is, to sentences handed down more than thirty years ago.
Division in court
According to legal sources to EL MUNDO, President
Juan José González Rivas
and justices
Andrés Ollero, Encarna Roca, Santiago Martínez Vares, Antonio Narváez, Alfredo Montoya, Pedro González Trevijano
and
Ricardo Enríquez
voted in favor of the admission of the amparos
.
They manifested their vote against the magistrates
Juan Antonio Xiol, María Luisa Balaguer, Cándido Conde-Pumpido
and
Fernando Valdés.
The processing of these appeals promoted by the formation of
Pablo Casado
and
Inés Arrimadas
last spring generated internal tensions within the High Court due to the fact that several magistrates wanted to resolve them -with their inadmissibility- in the First Chamber while a group of six magistrates -Enríquez, Roca, Ollero, Martínez Vares, Montoya, Narváez and González Trevijano- promoted their certiorari to the Plenary.
In both the First Chamber of the Constitutional Court and the Second Chamber, various appeals for amparo have fallen against the extravagant oath formulas used by some deputies and senators in the last two legislatures.
Due to the importance of the matter, it has finally been the Plenary that by eight votes to four has agreed this Wednesday to admit the amparos for processing.
According to the criteria of The Trust Project
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constitutional Court
United we can
Teruel exists
Regionalist Party of Cantabria
Pablo Casado
PP
BNG
Bildu
CUP
Citizens
You compromise
PNV
ERC
Inés Arrimadas
Meritxell Batet
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