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Paragraph 78
 

For example, in Spain, thanks to the recognition of such constitutional right (Article 23.2), individual appeals by elected officials - parliamentarians or local authorities - are possible before the Constitutional Tribunal (recurso de amparo). The Tribunal has a long-standing doctrine protecting the rights of representatives vis-à-vis the party or the parliamentary group they belong to. Although this right is not explicitly mentioned in the Constitution, the Constitutional Tribunal built it from the right to “access” to public positions, without having to consider the clause of the prohibition of the imperative mandate (Article 67.2 of the Constitution). Such a right includes, then, not only the “access” but also the “exercise” and the “continuity” in the position. Through this right, not only the position of parliamentarians is protected, but also that of the local representatives, and this without the need to extend the prohibition of the imperative mandate (of the parliamentarians, in an original and restrictive interpretation) to local authorities.