Doctrina jurisprudencial sobre mociones, interpelaciones, ruegos y preguntas: su relación directa con los derechos de libertad de expresión y acceso a los cargos públicos

Abstract

The motions, interpellations, requests and questions are various forms of intervention in plenary sessions that, beyond their normative conception,as regulated by article 97 of Royal Decree 2568/1986, of 28 November, have an important participatory meaning in the debate and control of the municipal corporation. The so-called “political motions” are proposals aimed at obtaining the approval of institutional declarations or similar manifestations related to matters that exceed the pure municipal powers and, therefore, do not imply the exercise of any administrative power. The control by the contentious-administrative jurisdiction, ex Article 106 of the Spanish Constitution, of the political motions will depend on their nature and the possible projection of the legal consequences and/or the lining of the binding force of the same for third parties. This article analyzes all the above forms of intervention in the light of the fundamental rights of freedom of expression and public participation, and of the case law of the Spanish Supreme Court and the Superior Court of Justice of Catalonia.

Keywords:

municipal agreements, freedom of expression, public office participation, order of the day, motion, proposals, control and supervision of the governing bodies, requests and questions, political motions, political acts