As part of the research group Crisis of the Rule of Law in the European Union, professor and researcher Carlos Gonzálezhas published a study analyzing the role and limitations of parliamentary commissions of inquiry in Spain. These commissions, regulated by Article 76 of the 1978 Spanish Constitution and further developed in Organic Law 5/1984 and the internal regulations of both legislative chambers, are essential tools through which the legislature exercises oversight over the executive branch.
The study highlights that, despite having broad powers —such as the authority to summon individuals and operate confidentially— their conclusions lack binding legal effect. This has sparked a doctrinal debate regarding their actual effectiveness, potential interference with judicial authority, and the risks they pose to fundamental rights, particularly the presumption of innocence.
In addition, the study explores the political implications of these commissions, their impact on public opinion, and the risk of their misuse for partisan purposes. In light of recent rulings by the Constitutional Court (such as STC 77/2023), the study emphasizes the need for regulatory reforms to strengthen procedural safeguards, uphold the separation of powers, and ensure a more effective and balanced exercise of parliamentary oversight.
Full text can be found here: https://doi.org/10.1163/26668912-bja10097
In this context, Carlos González is currently undertaking a predoctoral research stay at the University of La Sapienza (Rome), in the Department of Political Science and under the supervision of Professor Stefano Ceccanti, an expert in Comparative Public Law. This stay, taking place during the months of May and June, focuses on studying the Italian model of parliamentary commissions of inquiry, with the aim of identifying parallels, structural differences, and shared challenges with the Spanish system.
The comparative analysis seeks to contribute to a better understanding of the use of these instruments in different parliamentary contexts, particularly in relation to issues such as the separation of powers, protection of fundamental rights, and the risks of distorted use by parliamentary majorities. Ultimately, this research forms part of a broader effort to assess and improve institutional mechanisms for democratic oversight at a time of increasing concern for the quality of the Rule of Law across Europe.
