The Constitutional Court accepts the PSIB's second appeal against Le Senne for expelling its female deputies

PalmThe First Chamber of the First Section of the Constitutional Court has admitted for processing an appeal filed by the socialist deputies and members of the board of the Balearic Parliament, Mercedes Garrido and Pilar Costa, for their expulsion from the plenary hall by the president of the Chamber, Gabriel Le Senne (Vox), on October 15, 2024.

As the PSIB recalled in a statement, on that day, the Socialist deputies were wearing t-shirts with an image of the Rojas del Molinar (a women's football club), and had to leave the chamber on Le Senne's orders when they refused to change their clothing. This is the second appeal for protection of fundamental rights filed by the Socialists, since another one was filed in June 2024—which was also admitted for processing by the Constitutional Court—when Le Senne tore the image of Aurora Picornell from Garrido's computer and expelled the deputies.

According to the Constitutional Court's ruling, the appeal was admitted because it was found to have "special constitutional significance, as the appeal raises a problem, or affects an aspect, of a fundamental right on which there is no established case law in this Court." Furthermore, it states that the issue raised "transcends the specific case, because it could have general political consequences."

The PSIB (Socialist Party of the Balearic Islands) has welcomed the Constitutional Court's decision, and in this regard, Costa warned that, in addition to a "clear violation of fundamental rights" against them as members of parliament, "at the heart of the matter lies an obsession with undermining the democratic memory of the Islands." In this sense, she added that a clear example of this behavior is "the agreement between the PP (People's Party) and Vox to repeal the law, which is currently being processed, despite the fact that the PP broke its own word when it agreed with the left that this legislation would remain in force."

Costa has also stated that the Constitutional Court's acceptance of the appeal for protection of fundamental rights is not "futile," as it occurs in "very few cases," and in this case, it was done because it recognizes that there may be "a possible violation of fundamental rights" unprecedented in Spain. The provision gives the Speaker of Parliament a maximum of ten days to submit certification or a photocopy of the file or actions taken regarding the decisions of Le Senne, adopted in the plenary session of October 15, 2024, and in the Bureau and the Board of Spokespersons on October 23, 2024. In the plenary session of October 15, 2024, the Second Vice-President and Second Secretary of the Bureau, Mercedes Garrido and Pilar Costa, respectively, persisted in their desire to wear T-shirts with the image of Aurora Pi on the Bureau during the debate on amendments to the entirety of the repeal of the Historical Memory Law.

The Speaker of the House made this decision after suggesting to Garrido and Costa that they occupy some of the seats they use when questioning the Government if they wished to continue wearing the garments. After calling them to order and their refusal to leave the Speaker's table, they were expelled, and subsequently, all the members of parliament from the PSIB, Más per Mallorca, Más per Menorca, and Unidas Podemos left the chamber.