The Supreme Court of Spain has officially informed Congress that former Socialist lawmaker José Luis Ábalos, now a member of the Grupo Mixto, is being held in pre-trial detention without the possibility of bail. The court emphasized that this measure is not final and will be reviewed on December 4, when the politician’s defense appeal is scheduled to be heard.
Upon receiving the court’s notification, Congress decided to postpone its Mesa del Congreso meeting until the stated date. It is then that a decision will be made regarding the suspension of Ábalos’s parliamentary mandate, as required by the lower chamber’s regulations in cases where a deputy is detained by court order.
Status change: what happened to Ábalos
Previously, Congress had sent an official request to the Supreme Court seeking exact information on Ábalos’s legal status following a hearing held the previous day. During that session, Judge Leopoldo Puente altered the precautionary measure for the former minister, ordering his detention due to flight risk.
On Friday, the court sent parliament a copy of its ruling stating that Ábalos was placed in pre-trial detention without bail. However, the document also notes that the decision has not entered into legal force, as his lawyers have filed an appeal. The appeal hearing is set for December 4 at 11:30 a.m.
Potential consequences for parliament
Until the appeal is reviewed, Congress will not call an extraordinary session of the Mesa to apply Article 21 of the Rules. Under this provision, a deputy is automatically suspended from their duties and stripped of their rights if held in pre-trial detention by a final court decision.
If the precautionary measure remains in place, Ábalos will lose all parliamentary privileges, including voting rights, participation in sessions, and membership in groups. He will also stop receiving his salary and any additional payments related to his parliamentary work. However, he will retain his mandate until he either voluntarily resigns or is stripped of it by a court decision.
Financial and political implications
If he voluntarily gives up his mandate, as his predecessor as PSOE Organization Secretary, Santos Cerdán, has done before, Ábalos’s case will be transferred to the Audiencia Nacional. This would allow him to keep his right to the compensation provided for former deputies, which, after seven terms, can reach up to 100,000 euros.
Ábalos’s situation complicates the work of the ruling PSOE and Sumar coalition, especially as their majority in Congress is razor-thin. Losing a single vote could affect the outcome of key ballots. The issue of reconsidering the numerical composition of the majority will only be addressed after a final ruling in Ábalos’s case, but for now, parliamentary sources do not expect any change in the balance of power.
