Deputies may swear "for the exiles", "for the planet" o "for the 13 roses" and it will not be unconstitutional

by Ibrahim Khalil - World Editor
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The elected deputies will be able to accompany this Thursday as they want their oath or promise to abide by the Constitution. They were already doing it, particularly those from nationalist formations, but recently they have had a Constitutional Court ruling that fully covers their originality.

On June 6, the TC dismissed the appeal of popular deputies against the formulas used in May 2019 by various deputies, mainly nationalists, in the constitutive session of the ephemeral XII Legislature. The Constitutional endorsed the decision of the president of Congress, Meritxell Batet, to give them all for good.

The dismissed amparo appeal listed at least 29 different formulas that were heard in the Lower House, including “For the freedom of political prisoners and exiles, for the Catalan Republic and by legal imperative” and “With loyalty to the democratic mandate of October 1.” Also «Against racism, they will not pass by»; “All over the planet”; or the “for Spain” of the Vox deputies… The stenotypists did not understand other expressions that appear in the Congress session diary as “pronounces words in Basque”, together with the comment “protests and kicks”.

The additions to the oath were reproduced months later, in the constitution session of the XIV Legislature, recently exhausted. There were formulas very similar to those of the previous May and news attached to the news of those days. For example, the “for the 13 roses, I promise” of Gerardo Pisarelloa member of the Bureau representing the commons who on the previous occasion had promised “for new republican times.”

What the Constitutional Court did in June was not, strictly speaking, accept the specific additions as valid, although the practical result was the same: dismiss the appeal and settle doubts about its legality. What the court concluded was that what was resolved in this regard by the Congress Presidency -admitting them or not- did not affect the right to political representation of the rest of the more orthodox deputies who had adhered to the oath or promise.

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