The Constitutional Court will review the decision to withdraw the deputy act from Alberto Rodríguez Rodríguez. The Plenary of the TC has admitted for processing the two amparo appeals presented by the former deputy and former number three of Podemos against two decisions of the Supreme Court and the Presidency of Congress that led to his departure from Parliament.
In his resources, Rodríguez had asked the TC to immediately suspend the loss of the seat, which would return him to the Cortes while the matter was processed. The magistrates reject this measure, although the option of not so urgently suspending the appealed decisions remains on the table. On this, although the magistrates will resolve after hearing the opinion of the parties.
In the case of the appeal against the action of the Supreme Court, what Rodríguez is fighting is that the court maintained the disqualification sentence despite having replaced the initially imposed prison with a fine. According to the appellant, the change of imprisonment for a fine implied that the disqualification that always accompanies prison sentences no longer existed.
The Supreme Court found Rodríguez guilty of a crime of assault on authority, for assaulting two police officers in a demonstration against the Wert law in 2014, when he was not yet a deputy. The sentence imposed a month and a half in prison and disqualification, and replaced jail with a fine of 540 euros.
As for the action of Congress, Rodríguez alleges that Meritxell Batet’s decision to withdraw her deputy act was adopted by someone who lacked the power to do so. He should have done it in plenary session, he affirms, following a proposal from the Commission of the Statute of the Deputy.
To this he adds that Batet’s decision is “insufficiently motivated” and that losing the condition of deputy implies “double punishment” and is “a disproportionate consequence” derived from the criminal sanction.
The TC, which will study the appeals in plenary, considers that the amparos meet the requirement of having constitutional significance, since they affect a facet of a fundamental right on which there is no doctrine of the TC and because the matter transcends the specific case and could have general political consequences.
With regard to the request for a very precautionary suspension -without first hearing the parties- of the decision of the President of the Congress of Deputies, the court dismisses this request and opens a separate piece of provisional measures to listen to all the parties interested in the procedure in relation to the request for suspension of the decision that has been challenged
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