Parliamentary Commissions of Inquiry and Separation of Powers, Minorities’ Role and Presumption of Innocence

Abstract This study examines the role and limitations of Parliamentary Commissions of Inquiry in Spain. These commissions serve as tools for parliamentary oversight, enabling the investigation of public interest matters by the Congress, the Senate or both. Despite their significant powers, including mandatory appearances and the ability to summon citizens, their conclusions are not legally binding. Thus, the study highlights the doctrinal debate on the separation of powers, emphasizing the need to protect fundamental rights, particularly the presumption of innocence. Recent Constitutional Court rulings highlight the necessity for clear procedural guarantees and the non-interference of parliamentary inquiries with judicial processes. The analysis also addresses the political nature of these commissions, their impact on public opinion, the challenges posed by their potential misuse for political maneuvering and the role of minorities. In sum, the findings suggest that regulatory reforms are essential to ensure effective and fair parliamentary oversight.