In 2023 the Popular Party the filed in 2023 an appeal for protection before the Constitutional Court against the successive extensions of the amendment period agreed by the Bureau of the Congress to a bill. Specifically, to the one derived from a royal decree-law to manage European funds for Covid-19 which accumulated 71 extensions of the amendment period between 2021 and 2022.
Awaiting the TC's ruling, it has become known that in the technical report of the Public Prosecutor's Office, the Public Prosecutor's Office is in favor of granting the appeal. In its brief, it considers that the reiteration of extensions without motivation could have violated the right of the deputies to exercise their function under equal conditions. In particular, it points to a possible violation of the right to political participation recognized in the Constitution.
art. 23.2
The Constitution provides in its article 23 that "citizens have the right to participate in public affairs, directly or through representatives, freely elected in periodic elections by universal suffrage. Likewise, they have the right to access public functions and positions under conditions of equality, with the requirements established by law".
In this regard, the Constitutional Court has interpreted that this article includes the so-called “ius in officium”, that is, the right of representatives to fully exercise their functions (present amendments, debate, vote, promote initiatives, etc.).