The Constitutional Court has decided to inadmit, due to lack of exhaustion of the appropriate legal channels, the amparo appeal filed by Pau Juvillà, of the CUP, against the agreement of the General Secretary of the Parliament by which instructions were given to the parliamentary administration to give him retire as deputy of said Chamber.
The appellant, head of the list of the Candidacy of Popular Unity-Un Nou Cicle per Guanyar (CUP-UCPG) for the constituency of Lleida in the Catalan regional elections of February 14, 2021, was elected deputy in said elections.
After being convicted of a crime of disobedience by the TSJC, to the penalty, among others, of special disqualification for the exercise of elective public office, the Central Electoral Board agreed to declare his seat vacant, due to the concurrence of causes of supervening ineligibility, as well such as withdrawing his representative's credentials, which was brought to the attention of Parliament, urging the president of the chamber to comply with the agreement declaring the seat vacant.
In view of the aforementioned communication from the JEC, the general secretary of the Catalan chamber agreed to instruct the chamber's services to terminate Juvillà as a deputy. The Board of the Chamber limited itself to taking notice of said agreement from the general secretary.
Juvillà filed a parliamentary amparo appeal against that agreement, on the grounds that the General Secretary of Parliament has deprived him of the position of deputy, violating his fundamental rights to political participation, the presumption of innocence and freedom of expression.
The ruling of the Second Chamber of the Constitutional Court appreciates that the aforementioned agreement of the general secretary cannot be challenged through parliamentary protection, since it is not an act emanating from a governing body of the Chamber, but rather an act issued by an administrative authority that, through the instructions sent to the different services of the Parliament's administration, limited itself to complying with the final administrative resolution of the JEC, to which the violations of fundamental rights would be attributable, where appropriate. adduced in the appeal.
However, it happens that Juvillà has filed a contentious-administrative appeal against the agreements of the Central Electoral Board, which was pending resolution on the date of presentation of the amparo appeal, which determines the inadmissibility of the appeal due to non-compliance with the requirement of exhaustion of the judicial route.
