La protezione dei diritti fondamentali dei terzi convocati dinanzi le Commissioni parlamentari d'inchiesta Articles uri icon

publication date

  • March 2025

start page

  • 137

end page

  • 162

Electronic International Standard Serial Number (EISSN)

  • 0122-0228

abstract

  • The exercise of the parliamentary inquiry power may have an external
    effect on the legal status of persons called to appear before a parliamentary
    commission of inquiry. The aim of this paper is to analyses the specific issue
    of how to protect the fundamental rights of the person summoned before
    it, in case that their rights are violated by actions or decisions of a committee
    of inquiry, both during the hearing or in the final report. To this purpose, it is necessary to verify whether there is any parliamentary mechanism within
    the Houses to remedy the violation of the right. And above all, considering
    that the violation arises from an internal corporis acta that excludes the judicial
    review, the only legal remedy available in the Spanish system, the so called
    recurso de amparo parlamentario before the Constitutional Court (art. 42 LOTC),
    will be examined.


    This issue will be analyzed from the point of view of the Spanish legal
    system and specifically in the light of two Constitutional Court¿s judgments
    (SSTC 133/2018 and 77/2023). In both the Spanish Court, for the first
    time, protected substantive rights of persons outside the Parliament against
    decisions of inquiry committees through the specific appeal of the art. 42
    LOTC. In particular, the extra-procedural dimension of the presumption of
    innocence.