The Revocation of Senators of autonomic designation (Valencian Law 10/2016 and STC 123/2017)

Abstract

Abstract:
The Valencian Autonomous Community approved at the end of last year the Law 10/2016 that modified several aspects of the territorial law that regulated different aspects about the appointment of senators in representation of the Autonomous Community. The new norm introduces, in a novel way in our right, the possibility of revocation of the senator appointed by the autonomic parliament, in addition to establishing the mandatory of the senator of appearance in the designating chamber as a form of accountability. The possibility of revocation of the senator due to loss of confidence of the autonomous chamber raises doubts of constitutionality by, among others, possible violation of the prohibition of imperative mandate of the members of the Cortes Generales, already resolved by STC 123/2017. This article, along the lines of the analysis of the Valencian norm and its constitutional reserve, reflects over the nature of the representative mandate and the peculiar function of the chamber of territorial representation.