The sudden resignation of José Luis Ábalos from Congress came as an unexpected event for many Spaniards. This move could impact not only the course of a high-profile trial but also the country’s political climate. Questions about the rights, obligations, and future of former deputies have once again become the focus of public attention.
Ábalos, who served as Minister of Transport and represented voters in the lower house for many years, announced his departure through social media. The statement was published from an account run by his son, as the politician is currently in custody. In his message, he emphasized that he had been left without any means of subsistence or social protection, and had lost all parliamentary functions. According to him, resignation and moving to retirement became the only way to defend himself and support his family.
Consequences of the decision
Ábalos’s decision to relinquish his parliamentary seat sparked a heated reaction among politicians and experts. Congress immediately began discussing whether the former lawmaker is now eligible for compensation provided to those who leave their post after several terms. This payment is not a pension, but can amount to up to 18 monthly installments for those who have served more than four terms. Ábalos was a deputy for seven consecutive terms, making him one of the most experienced politicians in the country’s recent history.
The parliament’s legal services are currently assessing whether he is entitled to such compensation after a voluntary resignation. The issue is complicated by the fact that his departure is not related to the end of his term, but rather to the need to defend himself in court and the lack of income. In any case, his seat in Congress will be taken by Ana María González, the current mayor of Llaurí, which could also influence the balance of power in parliament.
The Koldo case
The scandal surrounding Ábalos is tied to the so-called Koldo case, an investigation into possible violations in the awarding of mask supply contracts during the pandemic. The probe is being conducted by two bodies: the Supreme Court and the National Court. After leaving Congress, Ábalos loses his special immunity status, which could shift jurisdiction over certain aspects of the case.
A Supreme Court judge continues to examine the main charges related to alleged fraud in the procurement of protective equipment. At the same time, a separate investigation into suspected illegal construction contracts—where former PSOE organization secretary Santos Cerdán is also implicated—will likely be transferred to the National Court. This is due to the fact that after losing his seat, Ábalos is no longer under the Supreme Court’s jurisdiction for these particular matters.
Legal nuances
Spanish judicial practice lacks clear regulations defining the exact moment when the Supreme Court retains a case after the accused loses their parliamentary status. However, precedent exists: if, at the time a trial begins, the individual still has immunity, the case remains with the Supreme Court even after they leave parliament. This is precisely the situation currently unfolding around Ábalos.
The main hearing in the Koldo case is set to begin as early as April. At the same time, the fate of other episodes related to the distribution of public contracts will be decided separately. This creates a unique legal precedent that could influence future cases against high-ranking politicians.
A personal drama
In his address, Ábalos did not hide his disappointment and fatigue. He posed rhetorical questions about what it means to be a deputy when stripped of all rights and responsibilities, and how to survive without income or social support. His words resonated widely among both former and current MPs, as well as in society, where the issue of social protections for politicians is always a point of debate.
Since his detention last November, Ábalos has found himself in a difficult position. His arrest was authorized at the request of the anti-corruption prosecutor’s office and opposition representatives. Investigators believe there is a risk of flight, so the former minister remains in custody pending trial.
New faces
With Ábalos’ departure, a new deputy will take his seat in parliament – Ana María González, mayor of the small town of Llaurí. Her appointment could mark the beginning of new political alliances and shift the balance of power in the lower house. At the same time, Ábalos’ own fate now depends on the courts’ rulings and the potential compensation he may receive after such a long career in public service.
